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Jeffrey Tyson Hammerschmidt
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Jeffrey Hammerschmidt’s Answers

102 total


  • I have an administrative law question. I am being investigated by the Ca medical Board for a history of depression.

    The medical board is investigating me because I have a history of depression. I was treated and now stable. During my most symptomatic period, I absented myself from practice voluntarily. There have been no professional or patient complaints agai...

    Jeffrey’s Answer

    Just because they are investigating you does not mean they will take action against you. One of the best things you can do is to keep your patients pleased with your care. To take an administrative action against you the Board must establish that your condition is likely to interfere with your ability to practice medicine. Review the Board's website to familiarize yourself on how the Board has handled matters similar to yours.

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  • Does the board of Registered Nursing give stipulated settlement before or after looking at the mitigation?

    As I received statement of issues from the board, in which it said stipulated settlement may be possible. Also the board is allowing me to take the NCLEX in the meantime. My attorney told me that the Board will not give me the settlement, but wh...

    Jeffrey’s Answer

    Take a look at the RN Board website. It lists criteria that constitute mitigating circumstances. Since I don't know the facts of your case I cannot tell you what your odds are of obtaining a stipulated sentence, but in the majority of cases there is an offer of a stipulated settlement. The Board website also lists the results of all cases in which an Accusation was filed. You can look for cases with similar facts to see how the Board has resolved similar cases. Don't consider any cases in which the RN did not file a notice of defense. In those cases the Board revokes the license since there was no defense.

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  • I live in san bernardino zip code 92407 and i recived a ticket for painting a car in my garage over one car can they charge me

    they say they have pictures for one time over one time can they fined me

    Jeffrey’s Answer

    I do not believe there is any state law that makes it illegal to paint a car in a garage. Your municipality may, however, have an ordinance that makes this conduct illegal. Your ticket should have the code section listed for which you are being charged. You can attend the court date and ask the judge to dismiss the case or reduce the fine. I would also suggest researching the code section so that you understand the law before going to court.

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  • Does the DMV normally suspend a license for a duid?

    My lawyer said if I took the VC 23152 instead of both VC 23152 and HS 11550 that I wouldn't lose my license. Got a letter today, saying its suspended. I had 0% alcohol and I didn't refuse the blood test. First offender and over 21. This was rivers...

    Jeffrey’s Answer

    The DMV has two methods for suspending your license. The first is through their DMV hearing process. The DMV only suspends through this process for a driver who requests a hearing if the driver is 0.08 BAC or higher, not for legal or illegal drugs in the blood. The second method by which the DMV issues a suspension is if there is a conviction in court. For a DUI alcohol and for a DUI drugs the court submits and abstract of judgment once the plea is entered and the DMV then uses the conviction to suspend the driver's license.

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  • Can I hire a special appearance attorney to ask for a continuance on a misdemeanor?

    First court date was "no complaint". Second rescheduled date doesn't work for me. I got the run around between 3 different offices when I tried to reschedule my court date myself. This is a cut and dry, 2nd offense dui. no need for full represent...

    Jeffrey’s Answer

    • Selected as best answer

    I've read the other answers and I would suggest that you hire an attorney to make one court appearance and give him all of the dates you are available. At most the court is likely to issue a bench warrant for your arrest but hold it in the file until the date you advise the attorney that you can appear. If you failed to appear on that date the judge would lift the hold on the warrant and you would be subject to arrest on the warrant.
    Although you didn't ask about this, you may want to consult a local DUI attorney on the merits of the DUI. I recently got a 0.20 BAC second time "cut and dry" DUI dismissed at the DMV and in court. I don't practice in your area so this isn't a pitch for business.

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  • Best way to turn your self in for a warrant felony charge?

    I have a friend who has a warrant and wants to turn him self in but he cant afford a lawyer he dont want to go and the police say they arrested him is their a way theirs a free lawyer to go turn him self in so it can look better on his behalf?

    Jeffrey’s Answer

    Your friend should call the District Attorney's Office to find out if charges have been filed against him. If so, your friend can go to the courthouse and put himself on calendar. It is possible, but very unlikely that he would be arrested at the courthouse. When he makes his court appearance he will be appointed a public defender, who could then ask for your friend to remain out of custody and post little to no bail based upon his voluntary appearance in court. Another option is that if the case is filed he could contact a bail bondsman and post bail, which would eliminate the warrant.

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  • What are the courts looking for wanting to hear, when I request for serious felony to be reduced to a misdemeanor & expunged?

    Served 5 years probation 1 yr. (9 months) ankle monitor . Assault w/ deadly weapon w/fire arm. No injuries just shot the gun . All fines paid. No violations, no prison time, &no probation officer ever saw me . Only when I check in once a week...

    Jeffrey’s Answer

    Different counties handle expungements differently. It is best to hire an attorney experienced in handling expungements. If you are going to do it on your own check with probation to see if they have an application you can fill out that they'll submit to the court. If not, or if this procedure takes too long in your county (up to one year wait in one county) you can file a motion for reduction to a misdemeanor and expungement. Go to your local law library and the librarian will direct you to the correct practice guide. Your motion should include your "Declaration" in which you prove you've met the terms of probation.

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  • How long after complaint filing before warrant is issued?

    DA has said that electronic complaint has been filed for 2 criminal felony counts. How long does it typically take before the arrest warrant is issued?

    Jeffrey’s Answer

    It depends upon a variety of factors. Generally it takes four to six weeks. The police officer/detective who handled the investigation could do a "walk through" warrant. It is rare, but it does happen occasionally. This is when the officer/detective walks the warrant to court and waits for a judge to sign it. If this happens the warrant could be in the system the same day as the case is filed. An attorney or the accused can go to the court and put the case on calendar. By voluntarily appearing in court there is a much better chance that the bail amount will be reduced or the accused will be released without having to post bail. If the accused hires a private attorney and does post bail it is 8% of the bail amount rather than the customary 10%.

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  • My 15 year old daughter has to go to court for battery to a officer its her first time in any trouble what is she looking at?

    This is her first time in any trouble do you think she wwill get probation?

    Jeffrey’s Answer

    The two previous answers address the issues well. In addition I would add the juvenile court's focus is more on rehabilitation than punishment. If your daughter didn't use a weapon and there were only minor injuries or no injuries to the officer the court will likely set the focus on having your daughter not reoffend. She may be ordered to attend anger management. Having handled juvenile matters as both a prosecutor and a defense attorney it is important that you attend all hearings. The court will likely ask you about how your daughter is doing in school and how she behaves at home. Expect the court to seek significant input from you. If your daughter, for example, is being disrespectful at home the court may give you some leverage over her by continuing the case and advising your daughter that it will determine punishment after seeing how your daugher behaves at home. Same for school work. If you are on the fence as to whether to hire a private attorney you could attend the first court appearance and use the public defender (assuming you qualify) and if you arentt happy with the legal work you could continue the case to hire a private attorney. I hope it goes well for her.

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  • What should i expect when i go to court? Jail time?

    Got pulled over for driving 25mph in a 55mph zone. Officer saw open empty beer cans in the back and i had a BAC of 0.08 got arrested and booked in jail. I was released the next day. I was also charged with possesion of unlaw paraphernalia and no d...

    Jeffrey’s Answer

    It sounds to me like you have enough at risk that you need to find a good local attorney experienced in criminal defense to represent you. Your attorney needs more information then you have provided to be able to adequately represent you. The police report is the starting point, which should be available to your attorney at the first court hearing. Many attorneys will take payments and it is worth your while to see one. If you cannot afford a private attorney a public defender will be appointed for you, but on misdemeanor cases these attorneys typically have very high caseload and minimal experience.

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