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Shawn Mills
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Shawn Mills’s Answers

10 total

  • Additional Rental Payment Qualifies as Security Deposit?

    My daughter rented a room for a few months and I paid for her. She planned to move out in the middle of a month, but needed to stay additional two weeks. I requested the landlord to let her stay until the end of that month. The landlord requested ...

    Shawn’s Answer

    This a question that is not as simple as is seems. Since it seems to be a month-to-month leasehold the landlord is within his rights asking for the entire month. The real issue here is how the final months rental agreement went down. Was this de facto lease modification done in writing or via a handshake? If in writing, you are golden, if oral will the LL be honest or tell the court he as no clue as to which you speak. If the landlord tries to say the balance was a security/cleaning deposit, make sure that you got no itemized deposit itemization within the required 21 days, so if he finds it a deposit you win and if he finds it unearned rent you also win. Also check what you wrote on the check memo line and look for any receipts he may have given-Good luck (PS: Your a good mom for helping out your daughter)

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  • How do i expunge prior dui charges from my record

    ??????????

    Shawn’s Answer

    Since a DUI is a priorable offense in California simply clearing it from the court's official docket will not relieve you from the accumulating penalties of additional "in-time" DUI's. Even if you have the conviction removed from the court's records it will still count if you again charged/convicted of this crime. Additionally, this conviction will still on your DMV record for a very long time, and will tell the people you want not to find out about your conviction(s) the very same information that you paid a lawyer to expunge in court. It is a hollow victory indeed. Best of Luck. Scm

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  • Seeking Criminal Defense Attorney Pro Bono

    I am Seeking A PRO BONO ATTORNEY for MY SON WHO JUST TURNED 21 THIS YEAR. He is being held for 2 COUNTS OF MURDER AND 1ATTEMPTED...I cannot afford to pay,due to my economic status, and if I don't locate A PRO BONO MY SON MIGHT SEE THE DEATH PENAL...

    Shawn’s Answer

    I would be hesitant to have a “pro bono” attorney; as a person who makes a living handling criminal matters normally does not the resources to invest in such a complex and life changing case for your son. I am a private attorney; however, I would tell you that your son would be in good hands with the public defender’s office. The PD’s office has the resources to invest in your son’s case; a private attorney cannot afford to go “out of pocket” on associated costs.

    DON’T WORRY; we have all heard cases about Public Defender who are “dump trucks” or worse. In my opinion the PDs who work on such high end cases are highly qualified and do not give away cases as some new PD’s might in low-end cases where there are just not the legal resources to go around and the harm to the defendant is minimal.

    Your son could use a little education in the effective use of a public defender; write down the facts of the case, write down any questions to the lawyer, provide any written information about the case (facts, times, dates, who the players are and how they fit into the case, including all witnesses good and bad), this way your son’s PD can review the facts, questions and players very quickly and not have to spend hours pulling this information out of your son in a stuffy jail meeting room. This helps the attorney help your son. Best of Luck!

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  • I received a speeding ticket 69 in 55 zone. Will I get points on my license?

    I received a speeding ticket. 69 mph in 55 zone. will I get points on my lisense, my first offense and I am 20.

    Shawn’s Answer

    The California Department of Motor Vehicles (DMV) allows drivers to take traffic school only once within 18 month period unless ordered by judge or if special circumstances exist.

    Basically, if you fight this case the cop comes to court wearing his uniform and shiny badge. The person hearing your case in Monterey County is a fairly new commissioner who was a DA until he got this job. The other person who sits in that department is a Judge who loves cops. Neither one is a great fit for your case. The problem with your case is that these two fine gentleman figures that the cop has no motivation to lie, and you do. If he got you on radar you are cooked. If he got you by a bumper pace it still looks bad. If he got you by “estimating” your speed you have a chance if you can challenge his ability to estimate the speed, but the copy will crow how he had a 98% accuracy rate is cop school, so you still may be cooked.

    Sticking my neck out here, but I believe that if you are going more that ten miles per hour past the posted speed limit you are not eligible for traffic school.

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  • If you have been assigned a public defender that you have no confidence in how do you go about getting a new one assigned.

    If you have been assigned a public defender that you have no confidence in how do you go about getting a new one assigned.

    Shawn’s Answer

    To dump your attorney you can file a Marsden Motion. A Marsden motion gets its name from the case of People v. Marsden (1970) 2 Cal.3d 118. It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel.
    A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either 1) that appointed counsel is not providing adequate representation, or 2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. People v. Barnett (1998) 17 Cal.4th 1044, 1085; People v. Mayfield (1997) 14 Cal.4th 668, 795.) Denials of Marsden motions are reviewed under an abuse of discretion standard.

    The problem with dumping one Public Defender is that you very well may be dumping the entire Public Defender’s office. Unless your judge will assign you conflict counsel you may find yourself having to hire an attorney on your own.

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  • Living with a female during a CA divorce

    I and my spouse are going through a divorce, un contested in CA. I am losing money as I expected my spouse to co habitate with me after a brief trial seperation. Instead she filed for divorce. I must move to a different apartment and my frien...

    Shawn’s Answer

    Moving in with a roommate should not affect your divorce. An MSA indicates that you have resolved the essential issues with your divorce. Even without the MSA you are allowed to have a roommate. Unless your wife is paying you spousal support and cohabitation is an issue the roommate should be no big deal. I am assuming that you are not taking your kids and moving in with the new Mrs. Right of course, as that would be a completely different situation. Best of luck!

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  • Correcting Invalid marriage

    Been married to my wife for 4 years. Just found out that our marriage is not valid because apparently my wife's previous marriage that happened in foreign country was not properly terminated. So, we want to make it right. We've been told that my w...

    Shawn’s Answer

    Your best bet is for your wife to file in the California County where you reside. The fact that the ex will cooperate is great. He can consent to jurisdiction here (which may not be necessary as it appears that your wife meets the jurisdictional requirements), and he can be served by mail if he signs a Notice and Acknowledgement of Receipt. When obtaining a judgment it should be done Non Pro Tunc (then for now), which will make your wife’s divorce retroactive. The children can be address in the divorce. I don’t think that you have to file for divorce pending the other dissolution. I would strongly suggest that you consult a licensed family law attorney in your area, as your wife’s divorce is not a simple matter considering the jurisdictional issues, the other marriage, and the children. Good luck!

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  • What more can i do?was the warnt even legal?

    6 days ago my dad was arested for something he didnt do. the police came to the house and pointed there guns at my 82 yr old gma my 52 yr old mom and my little brother. the arest warnt and serch warnt wernt even signed. they didnt find any of the ...

    Shawn’s Answer

    It is difficult when your family member is wrongfully arrested. It is even worse when the police scare your family in making the arrest. It is possible that the search warrant is invalid and may be attacked; however, you did indicate that none material listed on the warrant was found in the home, which is good. It is frustrating when your father is sitting in jail while the criminal system turns so slowly. I would expect that he is in jail because his bail is so high that your family is unable to post the required bond. Your public defender will address if the search/arrest warrant is valid or not. What you can do to help your father is to provide as much information to your father’s court appointed attorney as possible. Public attorneys are very good, but very busy, attorneys. Any information that you can give them will help your father out. If you are looking for a private attorney, look for someone who has years of experience, that seems to care about your father’s case and is from the local area. I always tell out of town defendants who want to hire me that a local attorney is better because they know the local players and the local rules. All the best!

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  • My ex-husband took my 15 year son to an over 21 bar can the ex be charged

    Ex of 13 years took 15 year old to an over 21 location

    Shawn’s Answer

    I am a CALIFORNIA attorney ONLY; however, I would offer that your husband could be facing charges equivalent to child endangerment if he gave the minor child alcohol, contributing to the delinquency of a minor for giving alcohol and allowing him in the bar, and providing alcohol to a minor, if he gave the minor alcohol. It stands to reason that in most any state taking a minor into a bar and providing him with alcohol will be a crime and might even get the equivalent of Child Protective Services down his neck. Best of luck!

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