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Jeffrey Tyson Hammerschmidt
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Jeffrey Hammerschmidt’s Answers

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  • My spouse has been charged under DV and has done approx 262 days of 365 he was given. PRD is 4/3/16. Will he do 100% or 85% of t

    Calculate time for release

    Jeffrey’s Answer

    I agree with the two other attorney answers to this question. I would mention, however, that the victim advocate for many counties works for the probation department, so if you call the DA's office and they don't have one you should try the probation department.

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  • Can this be granted and revised the title 15? how can he get help? how can this be proven?

    my husband is getting denied conjugal visits because he has a violent offence on a minor he also has a 664/187 attempted murder but they are stating because of the violent offense he isn't eligible. At the time that this offense was committed he ...

    Jeffrey’s Answer

    • Selected as best answer

    I'd suggest going to the prison's website to see if they are following their own rules. I'd also suggest going to the county courthouse library and asking the librarian to direct you to books on prisoner rights. Once you educate yourself on the issue you may want to hire a prisoner rights attorney. Most criminal defense attorneys, including myself, are not experts in prisoner rights laws and regulations. You will need an attorney who specializes in prisoner rights.

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  • With the new 4019 law, would he qualify and if so what would be his new out date? Or who could i call to fin out?

    This is my friends sentencing.... SENTENCED PER PC1170(H). PROBATION IS DENIED AND SENTENCE IS IMPOSED AS FOLLOWS: AS TO COUNT 2, THE COURT IMPOSES THE LOW TERM OF 2 YEARS AND 0 MONTHS. PRINCIPAL COUNT DEEMED COUNT # 2. AS TO ALLEGATION(S) ...

    Jeffrey’s Answer

    I agree with the first answer. For most counties you can perform an internet search for the name of the county or city and "inmate locator." For example, an internet search for "Fresno inmate locator" will take you to the jail website, where you can enter the inmate's name and you will see on which floor the inmate is house and the charges on which he is held (pre-sentencing) or the charges on which he was sentenced. It will also typically list his release date. It may be listed as TRD, which is tentative release date. The date is tentative because the inmate would need to behave well to get his good time credits. I hope this helps.

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  • Do i have to pay the license reinstatement fee if i was found not guilty of driving on a suspended license

    I was pulled over for tinted windows and when my license was run it said it was suspended. There was a ticket issued a year prior for speeding. It was not paid and without my knowledge my license was suspended. I had no knowledge of a speeding ...

    Jeffrey’s Answer

    I would advise getting a certified copy of the dismissal from the court and taking it to the DMV. You can't be convicted of driving on a suspended knowledge unless the prosecutor can prove you were aware of the suspension.

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  • I was convicted of hs 11359, pc 29800 a1, and hs 11358.

    I was served a search warrant and they had seized over 10 pounds marijuana and opened my dad's safe and found a gun and went to the garage and seen 4-5 small marijuana plants growing. They taken my cellphone, bags, and money from my wallet for evi...

    Jeffrey’s Answer

    The prosecutor's job is to review the police report to determine which charges should be filed. It is sometimes more or less or different charges that the ones listed in the police report. There are many issues in your case that will require careful analysis by your attorney. Based upon your record and the facts you've presented it is likely that the prosecutor will be seeking a prison sentence. Your attorney should determine the new bail amount and argue on your behalf to reduce the bail to the amount you've already posted.

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  • Petty theft arraignment

    My daughter (over 18) was arrested for petty theft. She hired an attorney. The attorney said she was going to try to get her in the Diversion Program. At arrangement yesterday she said she got the Diversion and a continuance for a new arraignment ...

    Jeffrey’s Answer

    If your daughter hired an attorney it is the attorney's job to explain the process to her. The idea behind diversion is your daughter doesn't end up with a conviction on her record. If the arraignment was continued for her to complete the diversion program the case may be dismissed at the next hearing so long as she complied with the terms of diversion,.

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  • Will some one be able to charge me for things that I did not steal? What should I do ? I will have to meet them again tomorrow.

    I live in a college dorms and during the Summer three months ago there was a luggage open in the storage room and I stole some clothes that were in there. I wore some of those clothes during the Summer and the owner of the luggage saw it on the so...

    Jeffrey’s Answer

    I would suggest you contact an attorney in the Riverside area. There are various issues, including what appears to be a ridiculous amount the person is claiming as the value of what was in the suitcase.

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  • What rights does a person have while awaiting trial on homicide charges? Do juveniles charged as adults have rights?

    If a juvenile is charged as an adult for a crime and awaiting trial do they have any civil rights?

    Jeffrey’s Answer

    Yes, juveniles have many rights as set forth in the United States Constitution and the amendments thereto, the California Constitution, and California statutory law. The rights you are inquiring about are the subject of many books. They are complex and voluminous. Homicide charges are serious business and require a thorough defense. you should contact an attorney experienced in juvenile criminal law and adult criminal law.

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  • Ticket for "Right of Way" What to do?

    Today i was leaving friends house and i was gonna make a left on a green light (With no arrow) . My friend who was leaving as well was infront of me i honk the horn as a joke and i make a left on the green light but the cop says i got the ticket f...

    Jeffrey’s Answer

    I'd suggest that you go to court and set the case for trial. You can hire an attorney, but in traffic court cases it typically costs more to hire an attorney than to pay the fine. You can educate yourself on the process by purchasing a book on California traffic law Best of luck!

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  • Can I be ticketed without being pulled over?

    I received a ticket for "loud exhaust" in the mail. There was no traffic stop and the only information on the ticket is what the officer could get running the license plate (and even then some of the info was incorrect). Where I would normally sig...

    Jeffrey’s Answer

    Yes, you can fight this in court. In most cases it is advisable to hire an attorney. For a traffic court case you can do so but it is usually more expensive than paying the ticket. If you choose to handle the matter yourself you can appear on the court date and set the case for trial. You may want to purchase a book on handling traffic cases in California to educate yourself on the process. Nolo Press authors many self-help legal books and there are probably other publishers who do the same. Best of luck!

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