Jeffrey Tyson Hammerschmidt’s Answers

Jeffrey Tyson Hammerschmidt

Fresno Criminal Defense Attorney.

Contributor Level 12
  1. Do I need a DUI attorney?

    Answered 12 months ago.

    1. Denis Hurley White Jr
    2. Jon Bryant Artz
    3. Aaron Reuben Bortel
    4. Thomas Francis McKenna
    5. Cambria L Lisonbee
    6. ···
    10 lawyer answers

    A private attorney skilled in DUI defense can be of great assistance to a client charged with a DUI, even if the attorney is unable to obtain a dismissal or a "not guilty" verdict. The attorney can work to obtain a more favorable sentence, advise you on DMV consequences and represent you at the DMV (which a public defender cannot do) and also work with you to minimize increases in the cost of insurance. In the event you are convicted of a DUI or lesser DUI offense (wet reckless) the attorney...

    7 lawyers agreed with this answer

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

    Answered 3 months ago.

    1. Jeffrey Tyson Hammerschmidt
    2. John M. Kaman
    3. Jay Scott Finnecy
    4. Vijay Dinakar
    5. Tigran Grigoryan
    6. ···
    6 lawyer answers

    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...

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  3. Does the DMV normally suspend a license for a duid?

    Answered 3 months ago.

    1. Eric Paul Ganci
    2. Jeffrey Tyson Hammerschmidt
    3. Peter John Marek
    4. Jay Scott Finnecy
    5. Denis Hurley White Jr
    6. ···
    7 lawyer answers

    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...

    4 lawyers agreed with this answer

  4. My girlfriend was accused of stealing money and threaten to pay or lose her job.

    Answered 9 months ago.

    1. Joseph Wayne Rose
    2. Jeffrey Tyson Hammerschmidt
    3. Karren Melinda Kenney
    4. Raymond George Wigell
    5. Richard Wynn
    5 lawyer answers

    It is important that she contact an attorney before she is contacted by the police. Embezzlement cases are often difficult to prove but one slight misstatement by the accused can lead to her prosecution. Do not assume that if she is innocent she does not need an attorney.

    4 lawyers agreed with this answer

  5. Does the citation for dismissed case shows in background check?

    Answered 12 months ago.

    1. Greg Thomas Hill
    2. Andrew Stephen Roberts
    3. Benjamin Alika Okin
    4. Jeffrey Tyson Hammerschmidt
    5. Vijay Dinakar
    5 lawyer answers

    i agree with the recommendation of the other attorneys to get a Livescan. Additionally, your criminal history can be listed in different databases. Only authorized personnel can access your official state criminal history, called CLETS (California Law Enforcement Telecommunication System). It will list much more information that private databases. For example, CLETS will list any convictions you've had expunged, whereas private databases will not.

    4 lawyers agreed with this answer

  6. If the defendent is not satisfied with the public defender that is appointed....

    Answered 12 months ago.

    1. Greg Thomas Hill
    2. Benjamin Alika Okin
    3. Jeffrey Tyson Hammerschmidt
    4. Andrew Stephen Roberts
    5. Joseph Briscoe Dane
    5 lawyer answers

    A person who is accused of a crime and who cannot afford an attorney will be appointed an attorney based upon a case that was decided approximately 50 years ago, Gideon v. Wainwright. The accused is only provided with an attorney of his choosing if he has the ability to pay for a private attorney. If the accused has a public defender and he believes his attorney is not working effectively on his behalf he can make a motion to replace the attorney, which is referred to as a Marsden motion. It...

    4 lawyers agreed with this answer

  7. Has there been a misscarage of justice in my case and can i change my ple if so what do i face

    Answered about 2 years ago.

    1. Sherry Chalor Cross
    2. Jeffrey Tyson Hammerschmidt
    3. Joshua Kaizuka
    4. Steven Mark Sweat
    4 lawyer answers

    It appears that you were treated very unfairly. At the least, you should have been able to post bail, which on a second misdemeanor DUI would have been a fairly small payment to a bailbondsman. I'd suggest hiring a local DUI attorney to review the court file and the police report. You may be able to withdraw your plea and fight the case while remaining out of custody. If the judge acted improperly you can report him to the Judicial Commission.

    4 lawyers agreed with this answer

  8. IF I AM A NURSE AND AM CONVICTED ON A MISDEMEANOR, CAN I LOSE MY LICENSE?

    Answered about 2 years ago.

    1. Jeffrey Tyson Hammerschmidt
    2. Oscar Ernesto Toscano
    3. Joseph Briscoe Dane
    3 lawyer answers

    First of all, you need to determine if the Board requires you to report the conviction. If so, you should comply with the requirement. Second, if the Board believes your misdemeanor conviction is "substantially related" to the practice of nursing the Board will file and "Accusation," which looks much like a criminal complaint. You have 15 days to file a "Notice of Defense." Normally, for one misdemeanor conviction the worst that will happen to you is to be placed on probation with the Board...

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  9. My mom got charged with petty theft from Kohls and they have no evidence. Please help me contest and prove my moms innocence.

    Answered about 2 years ago.

    1. Jeffrey George Moore
    2. Elliot Rahmim Zarabi
    3. Jeffrey Tyson Hammerschmidt
    3 lawyer answers

    Your mother needs to find a good local attorney to assist her. The big name attorneys are expensive. If she can't afford one of them she should look for a private attorney with four or five years experience who has some trial experience. She can probably find one for reasonable fee. As I tell my clients, once we know what the facts are we are 10% of the way there. The other 90% is proving it.

    3 lawyers agreed with this answer

  10. 16 years ago I took a plea bargin deal and was charged with a felony. What can I do now to get it overturned?

    Answered about 2 years ago.

    1. Jeffrey Tyson Hammerschmidt
    2. Sherry Chalor Cross
    3. Patrick T. Donovan
    3 lawyer answers

    If you were placed on probation and successfully completed probation you could seek to have the conviction expunged. This would result in having the conviction removed from your record for almost all purposes. You may have other rights but an attorney would need additional information about your case first.

    3 lawyers agreed with this answer