Jeffrey Tyson Hammerschmidt's Answers

What do I need to consider before taking a plea agreement after getting caught selling drugs

I wonder why it took law enforcement 1 1/2 years to arrest you. My guess is that they continued to watch your actions and at some point realized it was something that just happened once. In layman's terms, entrapment is getting a person to commit a crime that the person normally wouldn't commit. I don't have enough information to determine whether you have a valid entrapment defense. It may be in your best interest to hire an attorney at least to get a second opinion. If you take the...

4 people marked this answer as helpful

How long is it going to take and what do I do? (Attempted muder,Self defense)

Many attorneys do not give much weight to polygraphs exams, and they are not admissible in court. That does not mean, however, that aren't valuable to your fiance's defense. If your finance (and you) take a polygraph exam, it should be arranged by your attorney without the knowledge of the prosecutor. It needs to be performed by a very good polygraph examiner. My experience is that the best polygraph examiners are former FBI agents because their work during their time with the FBI is peer-...

1 lawyer agreed with this answer

1 person marked this answer as helpful

How do i keep from having a fighting in public charge on my record?

It appears you were arrested for a violation of Penal Code Section 415, which is commonly referred to as disturbing the peace. It is a misdemeanor and is punishable by up to 90 days jail, and this maximum punishment is less than almost all other misdemeanors, which are usually punishable by a maximum of either six months or one year in jail. Another thing that is different about your charge is that it can be reduced to an infraction. Depending upon the facts, an infraction could be a good...

3 people marked this answer as helpful

I am on formal probation for a misdemeanor. Is Probation or an associate of them allowed to track my cell phone?

The only way for the Probation Department to listen in on your cell phone calls would be if they obtained a federal wiretap warrant to do so. These warrants are difficult to obtain because they would require the Probation Department to provide credible information that you are currently engaged in criminal activity. It would be highly unusual for this to occur on misdemeanor probation.

2 people marked this answer as helpful

I have old (4yr) tickets i didn't pay in ca. now it is in a collections office and want me to pay 10 times the org.

Your best bet is to have an attorney place all of the cases on the traffic calendar and ask the court to reduce the fees. You are in the strongest position if you can advise the court that you can pay off all of the tickets immediately if he'll reduce the amount. Only the judge has the power to reduce the amounts, so simply calling the traffic department won't get it done.

2 people marked this answer as helpful

4 California felony DUI expungement?

Even though you've had your convictions expunged you must disclose them when applying for a position in law enforcement or when applying for any type of license issued by the State of California. The database that law enforcement and state agencies access will show your arrests, convictions and the expungements, so if you fail to disclose them they'll be found anyway. I'd suggest that you check with various agencies before applying so that you may determine whether anyone with a history...

1 lawyer agreed with this answer

Can i clean my Dissmised case of petty theft?

You can honestly answer on a job application that you have not been convicted of that crime. The only way to get the arrest record sealed is to obtain a declaration of factual innocence. It doesn't sound like you'd be eligible for one based upon the information you've provided. You do not need an expungement because expungements apply only where you were actually convicted of the crime. In my opinion, you do not need to do anything else at this point.

1 person marked this answer as helpful

I was convicted in 1997 for Welfare fraud. first offen's. reduced to a misdemeanor. Can i go to court to ask to get it remove??

You are eligible for an expungement under Penal Code Section 1203.4. Once the expungement is granted you will have the conviction removed from your record for most purposes. If you apply for a job after the expungement is granted, and assuming you have no other criminal convictions, you are permitted to state on the job application that you have never been convicted of a crime. The only exception is that if the application has a box on it stating that you must disclosed expunged convictions...

1 person marked this answer as helpful

Prop 36 probation, how do i terminate my probation once I've completed all requirements?

Just because your probationary term was initially set for three years doesn't mean that the term cannot now be shortened. Talk to your probation officer and let him know if he or she will support your request for early termination of probation. If your matter is a felony (which most Prop 36 cases are) ask that when probation is terminated that your matter first be reduced to a misdemeanor. (Some felonies can be reduced to a misdemeanor and others can't.) Then ask to have the case dismissed...

1 person marked this answer as helpful

Criminal court

The percentage of criminal cases that actually are tried by a jury vary from county to county and also vary depending upon the type of case. For example, a fairly high percentage of murder cases make it to jury trial. Conversely, probably less than one percent of misdemeanor cases make it to trial. When judges have heavy calendars, they feel pressure to move the calendars, sometimes at the expense of justice. Regardless of the pressure placed on you, you have an absolute right to a jury...

1 person marked this answer as helpful