Shawn Mills's Answers

Seeking Criminal Defense Attorney Pro Bono

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...

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

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...

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

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...

Living with a female during a CA divorce

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!

Correcting Invalid marriage

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...

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

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...

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

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...

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How do i expunge prior dui charges from my record

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...