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Rodney Richard Rusca

Rodney Rusca’s Answers

25 total

  • How long will I sit in jail if I can't pay a 165 dollar fine in Ohio?

    Have No job and go to school.

    Rodney’s Answer

    It depends, most crimes have a maximum sentence under their code section. If you go to the judge an explain your non ability to pay, s/he can give you community service or possibly work program instead of your fine. In Fresno County, judges would give you jail time at $100 a day, so you would probably do two days. However, seeing as the fine is so low. I think the charge may be an infraction to which you may not be able to do jail time. I would put it on calendar at the clerks office and ask the judge what options you have.

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  • My son is on probation for burgalry charge, he is 19 years ago, the other night he got a Dwi, what will he be facing?

    the officer pulled him over for improper right turn, he smelled alcohol on my son and made him do a bunch of test outside the vehicle, then took him to the station and told him to blow, my son refused. he had a 500 bond. what is going to happen ne...

    Rodney’s Answer

    The DWI is likely a misdemeanor. However, that is not his big problem. He will be facing a violation of probation. He got probation on the felony burglary. When people are relatively new to the criminal courts (I'm guessing the 19 year old doesn't have much history), the court will grant them probation. The court is saying do what we say, and you can avoid prison. Here, he didn't do what he was supposed to. Obey all laws.

    Let's say he pleads to the DWI. DWI's come with punishment. He will likely get more than the standard punishment because he was on probation. Alternatively, the court could say we are done with your son, he had his chance on probation and sentence him to prison.

    If it was my son, I would have him see the public defender. If the public defender seems professional, see what kind of a deal he/she can get on the table. If it doesn't seem fair, consult a private attorney. I wouldn't bond him. A lot of times you can't even post with a parole hold. Even if he gets probation the judge is going to want some sort of punishment. He can build up some time credits. In my county, they would make him wait a week or two before he got an offer. Every county is different.

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

    I found an arrest report online and my ex got arrested for DWI the other day. My kids are supposed to go across the country to see him this summer for visitation. Well due to the current situation (and this is NOT his first one, this is the second...

    Rodney’s Answer

    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.

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  • Are public defenders just as good as a private attorney? I have a 5th or 6th OWI?

    I got arrested for drunk driving and the court said that this is my 5th or 6th offense. I can't afford a private attorney, therefore a public defender is going to represent me

    Rodney’s Answer

    Public defenders are great attorneys. They pass the same tests that the judge’s take. However, they are overworked. When I was a public defender, it was common for me to work twelve (12) hour days and work on the weekends in order to professionally represent my clients. Some public defenders can only put in eight (8) hour days. They may not have the time to write important motions, do proper investigation, interview you in jail, or take time to read your police report. If that's the case you should consider hiring a private attorney.

    A DUI could be tricky. With so many DUI's you are likely looking at prison. It may be possible to get a program depending on how spaced out they are. However, the public defender could be comfortable as they likely appear in front of that judge every day. They can get you just as good of a deal or represent you in trial professionally, but its hard to say. Some are good and some are not that good.

    I suggest meet the public defender. You can always fire him/her and represent yourself if you feel they are incompetent.

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  • Pled guilty, possible to get a retrial?

    Got out of the army as a hard drinker, got into a fight with a group of men labor day 2011. Charged with criminal mischief class b. I made a plea deal with the District Attorney and she offered 1 year of prob, with 40 hours community service. ...

    Rodney’s Answer

    Yes, but its super tough. You have to show the plea was done with mistake, ignorance, inadvertence, or some other factor that demonstrates overreaching (CA law, may be slightly different in Texas). The idea is the same, courts generally won't allow in unless there was something very wrong at the deal. It seems like you knew what it was all about and took the deal knowingly.

    California allows for an expungement after you complete probation. That may be your better option.

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