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Thomas John Greenberg's Answers
- 59 Legal Answers
- 3 Legal Guides
2
Attorney answers:
Can a carpool lane violation be dismissed partly based on a error (technicality) on the ticket?
Fighting your case based upon the error on the citation for the date of the incident is not likely to get your case dismissed. The court will probably allow the officer just to amend the citation. It sounds like you have a good necessity defense. Where a person has no other reasonable alternative but to commit the violation of law, the trier of fact can acquit based upon "necessity". You can hire a lawyer to present the case to the judge or you can represent yourself. There are some...
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6
Attorney answers:
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I need a criminal defense attorney pro bono TO REPRESENT FOR A for misdemeanor charge
If you are looking for a lawyer to handle your case "pro bono", it sounds like you are seeking the advice and counsel of a public defender. The Contra Costa Public Defender's office has several excellent lawyers to handle misdemeanor matters. You should apply for their services as soon as possible. In order to properly represent you, a lawyer will need as much lead time as possible. It also sounds like you are also seeking to obtain a factual finding of innocense. A lawyer with the...
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2
Attorney answers:
Will a misdemeanor for petty theft appear on my criminal background check for employment overseas?
In California, a petty theft may be filed as an infraction, a misdemeanor or even a felony (petty theft with a prior). In each of these three cases, private employers will not have access to your juvenile records. You should have no problems as a result of your juvenile case now that you are 25. It would be prudent to have your juvenile record sealed.
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3
Attorney answers:
Can a domestic violence restraining order be appealed?
While it may be appealed, more typically, restraining orders are modified by the court that issued them. If there are changed circumstances or if there was a mistake in the issuance, the court may modify or remove a restraining order. If you are concerned about the criminal restraining order being removed, you may consider obtaining a civil restraining order. You may also contact the court or the district attorney and let them know you are opposed to the removal of the restraining order.
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1
Attorney answers:
How Do i make sure my record is completely Expunged???
Penal Code section 1203.4 is a partial expungement. The only way to get a complete expungement is if you can obtain a factual finding of innocence. If the crime was expunged, when running a search through the Department of Justice, it may still reflect a charge on your record, but it will show it was expunged. Employers may see the word expungement and choose not to hire you. If it is a private employer, in most cases, you can lawfully tell them that you have not been convicted of a felony....
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3
Attorney answers:
What are the chances of winning an appeal on misdemeanor dui conviction ??
Winning a case on appeal is difficult regardless of the charge. The chances for success depend on the issues on appeal and the merit of the case. Overall, your chances of winning an appeal are probably significantly lower than those in the trial court. This could vary depending on the course of the trial and what possible errors were made by the prosecutor or the judge. Jurors sleeping could be an issue and there is a litany of case law on this issue. Of course, it depends when they were...
1 person marked this answer as helpful
2
Attorney answers:
Is it worth going to court over a right hand turn infraction--no right from 7a-10a? Never saw the sign nor did 20 other cars.
It is definitely worth it to go to court. First, if the sign was not visible, you have a viable defense. Secondly, you may get a sympathetic judge. Thirdly, if the police office fails to appear in court, the court will most likely dismiss the case. If the police officer does appear, you can always request the court to allow you to attend traffic school and to reduce the fine.
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1
Attorney answers:
What does AVOP and Tickler mean
Typically, in Kern County, your abbreviations mean the following: AVOP-- a violation of probation or parole tickler-- reminder on a calendar
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5
Attorney answers:
Self-defense?
Your son definitely has a self defense argument. The issue really turns on whether your son had a good faith belief that he was in imminent danger from the other boy. It also depends on what your son did after striking the other boy in the face. In California, especially in Tehachapi, your son had no duty to retreat from the other boy. While the parents of the other boy are the ones contacting the district attorney or the court, it is the district attorney that presents the charges to the...
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4
Attorney answers:
3rd Dui in California?
In regards to the license, this gentleman is facing possible license restrictions from both the court and the DMV. A third DUI will typically result in a license loss for at least a year with no possibility of receiving a restricted license. As to the 3rd DUI in the criminal court, the court will require jail time if there is a conviction. The expungement will have no affect on the consideration of the DUI as a 3rd DUI. Given that the second DUI was a felony (usually involves an...
1 person marked this answer as helpful