Rodney Richard Rusca’s Answers

Rodney Richard Rusca

Fresno Criminal Defense Attorney.

Contributor Level 5
  1. What charges does my son face for 1st time gun possesion at 18 yrs

    Answered over 2 years ago.

    1. Sarah Lynn White
    2. Rodney Richard Rusca
    3. Harry Edward Hudson Jr
    3 lawyer answers

    He has rights to be free from an unlawful search and seizure. You gave consent, but officers may have acted outside their scope (searched beyond what you authorized). If the evidence is excluded, his case will be dismissed. Alternatively, he could go to trial and say the gun wasn't his. With the admission and the location of the gun he may be in trouble. Assuming his record isn't too bad, the District Attorney may offer him felony probation. Felony probation comes with a punishment and...

    3 lawyers agreed with this answer

  2. Criminal charges

    Answered over 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Rodney Richard Rusca
    3. Amy Katherine Guerra
    3 lawyer answers

    Sometimes employers will not accept felons. If it was reduced to a misdemeanor you could apply for more jobs. Also, it can affect your ability to get state and federal loans. It may also affect your ability to vote.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can my friend or I sue for towing charges over his wrongful arrest and search and seizure of his vehicle?

    Answered over 2 years ago.

    1. Rodney Richard Rusca
    2. Harry Edward Hudson Jr
    3. Pius Joseph
    3 lawyer answers

    I think you can sue the government or the individual. I'm not sure where or how it should be filed. I was going to sue the government once for wrongfully putting me in jail. As I remember, you only have six months to file that suit. Part of the reason I didn't do it is the damages for spending a night in jail are not usually that high. The juice wasn't worth the squeeze. This question is really not a criminal law question, to get better help post this question in the civil rights section.

    2 lawyers agreed with this answer

  4. Will my son have to do jail time.

    Answered over 2 years ago.

    1. Chris J Feasel
    2. Matthew Lee Spiegel
    3. Rodney Richard Rusca
    3 lawyer answers

    Sounds like felonies of the non violent nature. There is a good chance he could get a deal that involves felony probation and punishment, but there is a possibility of prison. In my experience, theft means a drug problem. In that case, I would shoot for felony probation with an in patient program. If getting him out of jail is a priority, you may have to post bail. I would let his public defender make an argument for honor release today as it is possible.

    2 lawyers agreed with this answer

  5. What do I do? Theft misdemeanor?

    Answered over 2 years ago.

    1. David Jon Pullman
    2. Elliot Rahmim Zarabi
    3. Rodney Richard Rusca
    3 lawyer answers

    The most important thing is to get that arrest warrant recalled. The judge cannot do that until the matter gets put on calender. In order to get the matter put on calendar, you need to go down to The Fresno Superior Courthouse Calendaring Department on the fourth floor of the main courthouse. There they will give you the date where the judge can get rid of the warrant. Alternatively, you could get a private attorney to help you with this step. Once you get your paperwork showing that you...

    2 lawyers agreed with this answer

  6. I got my third D.U.I. last week. my first two were about 6 years ago. I have a class b commercial license now.

    Answered over 2 years ago.

    1. Mark A. Broughton
    2. James E Dunn
    3. Mark K Rosenfeld
    4. Rodney Richard Rusca
    4 lawyer answers

    First off, you need to examine whether or not to fight the DUI. If you and your attorney decide to deal the punishment is more severe than with a second DUI. As long as your prior DUI's are within 10 years I do not think it will matter what class your license is in a criminal court. The minimum punishment under the code for a third time DUI is 120 days in jail. Some judges will give you the option of an in patient program in the alternative. Request your DMV hearing, the judicial officer...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Is my ex extorting me

    Answered over 2 years ago.

    1. George Baker Richardson
    2. Edna Carroll Straus
    3. Hillary Johns
    4. Michael Charles Doland
    5. Rodney Richard Rusca
    5 lawyer answers

    If it says you don't have to pay, you probably don't. Additionally, there are requirements to notice you as to the amount she is seeking. She may be able to make an argument for an increase. The incomes could have changed, someone could get re married, or the time share may have changed. If it is stressing you out, you should come in for a free consultation. We can crunch the numbers and break it down.

    1 lawyer agreed with this answer

  8. Do I have to pay restitution from theft when they got everything back and no damage was done?

    Answered over 2 years ago.

    1. Rodney Richard Rusca
    2. Harry Edward Hudson Jr
    3. Judyanne Delashmutt Vallado
    4. Robbi Abrams Cook
    5. L. Maxwell Taylor
    5 lawyer answers

    I routinely had this problem when I was a public defender. To me, it doesn't feel right. How are corporations going to profit from our justice system? I remember the letters were a little scary and threatening. It almost feels like Walmart (and I've seen some others) is extorting the public with an apparent police authority. I used to send my clients to the American Civil Liberties Union. That being said, I've seen those letters since a couple years ago. Somebody probably fought it and...

    1 lawyer agreed with this answer

  9. How much for a lawyer?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Kevin Samuel Sullivan
    3. Rodney Richard Rusca
    4. Amy Katherine Guerra
    4 lawyer answers

    It depends on the complexity of your case. I've done cases for less than that. If you have a really bad history, this could be a very high stakes shop lifting case. Most attorneys, including myself, offer a free consultation where they will tell you a quote and what they can do to help. If you contact me I can look up your warrant in the court system and we can talk about your options. Alternatively, you could go down to the main courthouse fourth floor and do it yourself. If you have...

    1 lawyer agreed with this answer

  10. Can I get in trouble if I unknowing sent an inapropiate pic to a minor?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Isileli Tupou Manaia Mataele
    3. Barry Franklin Poulson
    4. Jemal K Yarbrough
    5. Rodney Richard Rusca
    5 lawyer answers

    You may be in trouble. It depends on what happened. The father hasn't gone to the police, maybe nothing will come of it. Maybe they are just messing with you. I would discontinue communication with the phone number and forget this happened (except that you will not do it again). Best of luck, if it hits the fan call for a free consult 559-268-1600.

    1 lawyer agreed with this answer