Patricia Elizabeth Fox's Answers

I need a criminal defense attorney pro bono

Contact the Santa Clara County Bar Association's lawyer Referral Service and Modest Means at 408-287-2557 Pre-screened lawyers can help you at reduced rates if your income qualifies. The type of misdemeanor is relevnat to any analysis. You have not provided enough information. Good Luck.

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Not stopping at a stop sign - trial by declaration defense

It appears you have nothing to lose as long as your declaration is factually correct and truthful. It can be used against you at trial if the judge rules against you. "I did it because everybody else does it" is rarely an effective defense. But, you may win by default if the officer does not submit a timely declaration and serve you with a copy. After all is done, you may be eligible for traffic school. Good Luck.

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CA traffic court rules, can I get a ticket dismissed if it states my speed was 30 in a 45

It won't hurt to ask. Cour's do allow corrections for scrivenor's errors. Let us know how it goes for you. Good Luck.

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Sentence disposition

It means what it says. Charges were deferred before filing. Good Luck.

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CA DUI law, would receiving a traffic infraction violate my DUI probation

A uniform term of probation is to obey all laws. Technically, violating the Vehicle Code, is a violation of that term. But, given the circumstances you have described, it is a very minor matter. Just do not get any more tickets. And DO take care of the ticket in a timely manner.

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Felony or Plea to Misdemeanor?

Be sure that both lawyers, the VOP and new case, communicate with each other to acheive a global result. Defenses are available. If he deposited a check and it bounced or had not yet cleared, that information will be helpful. Gather the documents for the lawyer. I recently argued against prison for a lady who stole $2.69 worth of Butterball turkey cold cuts because she was hungry. The DA and Probation wanted 16 months for the VOP. Fortunautely, the judge released her without serving more...

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Can't get my license back for DUI - alcohol test showed .06.

Ask for your retainer fee back from the fake. Go get a lawyer. I am not familiar with DNA testing for blood alcohol testing. Remember that the blood alcohol test is one test and the FSTs are also admissable as is the observed driving. Good Luck.

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DUI arrest but no court record found for 3 months

Talk to a local lawyer who is familiar with the procedures and practices in that jurisdiction. Sometimes, the blood alcohol results are compromised. You can get a copy of your file from the DMV to see the evidence they had. Good Luck.

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Can I expunge a felony charge that I got when I was 18 years old under PA criminal procedure

In California, we typically file a Motion to Modify/Terminate Probation, Reduce a Felony to a Misdemeanor and To Withdraw the Guilty/No Contest Plea and to Dismiss the Charge. But, all fees and fines must be paid in full. Contact a lawyer in PA to see if there is a similar procedure. Good Luck.

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Got pulled over with meth and my partner was released will I be too?

You should talk with a local criminal defense lawyer. You can reach one through your local San Bernardino Bar Association or CACJ, California Attorneys for Criminal Justice. Your case could/might be dismissed but you should talk with a lawyer. Many provided a free consultation. Good Luck.