Rodney Richard Rusca’s Answers

Rodney Richard Rusca

Fresno Criminal Defense Attorney.

Contributor Level 5
  1. Third DUI charge. I work and am only supporter of my family. Can I get a jail alternative?

    Answered over 2 years ago.

    1. Diane M Medina
    2. Harry Edward Hudson Jr
    3. Terry Alan Wapner
    4. Eric Paul Ganci
    5. Rodney Richard Rusca
    5 lawyer answers

    Even if its a standard DUI (nothing extra bad: like injuries, driving really fast, or babies in the car), California Code requires a mandatory 120 in jail. Judges can interpret jail to mean other things. Judges could give work program (not allowed in Fresno County with sentences more than 90 days), ankle monitor, or an inpatient program. I have not verified it, but have heard some in patients allow work (most do not). Getting the judge to go along with ankle monitor may be tough (many judges...

    1 lawyer agreed with this answer

  2. What happens if you have an FTA warrant for your arrest for a misdemeanor possession charge?

    Answered over 2 years ago.

    1. Kresta Nora Daly
    2. Elliot Rahmim Zarabi
    3. Rodney Richard Rusca
    3 lawyer answers

    I would carry your minute order around with you before your court date. If an officer sees you on the street technically he can arrest you. It is less likely if you provide him with the paperwork showing you are taking care of the process. Most judges in Fresno County would not put you in jail for one FTA on a misdemeanor. However, it is possible. Be courteous, most like it when you dress nice too.

    1 lawyer agreed with this answer

  3. As an unmarried mother, am I entitled to more than just childsupport?

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Morvarid Mary Moshrefi
    3. Rodney Richard Rusca
    3 lawyer answers

    Does he have money? Is he the father? How long have you been here? Where do you want to stay/go? Answers to these questions may lead to more questions. You could be stuck with Calworks, but there is a system in place not to leave you stranded. Feel free to contact us for a free consultation.

    1 person marked this answer as helpful

  4. Do I have to wait until my ex is actually convicted?

    Answered over 2 years ago.

    1. Rodney Richard Rusca
    2. Jack Justin Adams
    3. Ted Harvatin
    3 lawyer answers

    You do not need to wait for a criminal conviction to address the issue in front of the family courts. You can definitely ask the family courts to modify its current order. However, I'm not sure if a second DWI will persuade the courts to change custody as dramatically as you are seeking in your county. For that, you should consult a local family law attorney.

    2 lawyers agreed with this answer

  5. Abt the 85% time serving

    Answered about 2 years ago.

    1. Rodney Richard Rusca
    1 lawyer answer

    I'm not an expert on the Cal Fire program. This article: http://sanfrancisco.cbslocal.com/2012/08/01/budget-juggling-could-cost-california-inmate-fire-crews/ says it is for non violent offenders. The fact that he is getting 85% time in prison indicates to me it was a violent offense and probably does not qualify for the program. Because he has a violent offense, I do not think there are many programs for earlier release in place. I would try to speak with the program directly, or maybe a...

  6. I have a suspended license for a dui and i just rear ended another vehicle

    Answered about 2 years ago.

    1. Chris J Feasel
    2. Tai Christopher Bogan
    3. Rodney Richard Rusca
    3 lawyer answers

    You will be charged with a VC 14601.2(A). The statutory minimum is 10 days jail or work program. You were freshly granted probation on the DUI which usually requires some work program. The judge could convert your work program to jail, add time and give you jail, or add work program to you sentence. Alternatively, you could try to get your license. The Fresno DA policy is one that encourages getting your CDL. Enroll in the DUI school and get your SR-22. Maybe the DMV will give you your...

  7. Does a pending charge show up on a back ground check in California? Mis,- Petty Theft

    Answered over 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Rodney Richard Rusca
    2 lawyer answers

    It should say on the application what they are looking for. This is not a conviction and you may not even have criminal charges pending. With misdemeanors the DA has one year from the filing of your complaint to press charges. Sometimes, they are busy and it takes a couple months. You will likely be eligible for diversion which will suspend criminal proceeding for six months (you can say you aren't convicted and criminal proceeding are suspended) during which time you have to take a one day...

  8. How come District Attorney office doesnt have my friend police report?

    Answered over 2 years ago.

    1. Joseph Briscoe Dane
    2. Rodney Richard Rusca
    3. James Regan
    3 lawyer answers

    It can be a number of reasons, as another attorney posted. There isn't a lot your friend can do other than show up to court, shut up, and stay out of trouble. Eventually, the judge will put pressure on the DA to get the reports and evidence together or take the matter off calendar.

  9. I am charged with $6000 in welfare overpayment (fraud). Will I face jail time ? I have a good job and have paid back $1500

    Answered over 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Tai Christopher Bogan
    3. Harry Edward Hudson Jr
    4. Rodney Richard Rusca
    4 lawyer answers

    Yeah, you are facing possible prison. In my experience, most judges do not view this as the crime of the century, more of a crime of opportunity. Even if you are forced to take the felony it's quite possible to get probation, but there still may be some sort of punishment. The standing DA policy in Fresno is if you can pay it down below $1000 you get a misdemeanor. It sounds like you didn't qualify because of your record. It's possible that if you push it closer to trial you may end up...

  10. My son has a pd.

    Answered over 2 years ago.

    1. Daniel G. Galivan
    2. Joshua Sachs
    3. Melissa I. Smejkal
    4. Robert Edward Pugh
    5. Rodney Richard Rusca
    5 lawyer answers

    In California, you can tell the court your attorney is incompetently or inadequately represented you. The court will have a hearing and determine if that has happened. If it is granted you will get a new lawyer. I'm pretty sure there is a process in place in Illinois.

    1 lawyer agreed with this answer