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Rodney Richard Rusca

Rodney Rusca’s Answers

25 total

  • Abt the 85% time serving

    my husband early out is jan.2017 his max is nov.2017 has to do 85% can you guy help me please explain about the 85% and can he get out before 2017 if he gets accepted on the calfire pogram

    Rodney’s 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 prison attorney.

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

    My daughter, now-ex-boyfriend, and I just moved here from the east coast to live with with his mother for extra support. He has decided to break up with me because I can't have anymore children. Now 3000 miles away from family and home, I need to ...

    Rodney’s Answer

    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.

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

    An individual believed that their laptop was in my friend's vehicle on suspicion alone. My friend refused to let the police search his vehicle, using his 4th amendment right to do so. They did not have a warrant or his consent to search. The lapto...

    Rodney’s Answer

    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.

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  • Is my ex extorting me

    my ex threatened me with more child support because i didnt give her money for medical bills she says i owe ( on he original court order we shared costs but not on the revised one) also she hasnt shown me copies of anything so i dont even know wha...

    Rodney’s Answer

    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.

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  • What charges does my son face for 1st time gun possesion at 18 yrs

    Cops were called out to my neighborhood for gun shots in air on 4th of july. Cop asks me "is it ok to check your apt to make sure nobody ran in ur home" I said yes but instead they started tearing up my sons room looking for a gun. They found a di...

    Rodney’s Answer

    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 probation. The punishment could be a number of days in the work program or some time in local jail. Probation requires him to stay out of trouble and do what his officer says. I would have to see the charges, but worst case scenario for most felonies, he could face up to 3 years in prison, but would only spend half of the time incarcerated and it would be local time. An even better offer would be a misdemeanor, but the DA in Fresno has a tough policy on guns. It would depend on the evidence and his record. The misdemeanor carries much less punishment and probation is not as difficult.

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

    I stole from Walmart it equaled about 110$. No charges were picked up and I didn't get a ticket. They let me go to my parents and now are trying to make us pay restitution of like 500$. No damage was done to the items and they got it all back

    Rodney’s Answer

    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 lost. I don't think Walmart can effect jail time, but they may be able to screw up your credit. I would talk to the ACLU chapter in your region, I don't think they charge anything for a visit.

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  • Will my son have to do jail time.

    he was arrested for conspericy comit crime.grand theft of personel property.receving known stolen property.vehical theft.,,he,s never been in jail.he dosent have pryers.what should i expect to happen when i got to court today.on him.hes in jail ...

    Rodney’s Answer

    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.

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

    After the dui i got another ticket for deiving without the license what happens now

    Rodney’s Answer

    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 restricted before court. In that case, I've seen the court lower the charge to one that does not have the 10 day minimum and add fines only. If you wanted some extra reasons for the judge not to put you in jail, AA or a program is not a horrible idea.

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  • Criminal charges

    Whats the point of getting a charge changed or reduced if it still shows the orginal on your record. Whats the advantage?

    Rodney’s Answer

    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.

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  • How much for a lawyer?

    I have about $2000 saved up to hire a lawyer for my shop lifting case that I have had a warrant for about a year.. is this enough to hire a good lawyer? Or should i keep saving?

    Rodney’s Answer

    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 already been appointed a public defender, you can go to their office and speak with your appointed attorney for free. If you have not, you can go to the main courthouse fourth floor and put yourself on calendar, where an attorney will be appointed to your case when you show up in court. The court may consider putting you in jail depending on all the circumstances.

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