Adam Garrard Gasner’s Answers

Adam Garrard Gasner

San Francisco Criminal Defense Attorney.

Contributor Level 7
  1. Not stopping at a stop sign - trial by declaration defense

    Answered almost 6 years ago.

    1. Adam Garrard Gasner
    2. Patricia Elizabeth Fox
    3. John M. Kaman
    3 lawyer answers

    A TBD can be a good option for a variety of reasons. First, if you lose, you have a right to a de novo court trial - so you don't lose anything by doing the TBD. Second, I find that the police do not always submit thier delcaration or their delcaration is deficient - so you win. In my declaration I usually do not bother with affirmative defenses, but rarther just make evidentiary objections. Also, if you lose and choose to have a court trial - you can write the officer and ask for a copy of...

    1 lawyer agreed with this answer

    9 people marked this answer as helpful

  2. Should i have an attorney fight this case? Is there a case to be fought?

    Answered over 2 years ago.

    1. Robin Mashal
    2. John M. Kaman
    3. Adam Garrard Gasner
    3 lawyer answers

    Hi Jane, It is difficult to answer your question without further details. Who was your niece's lawyer back when she was placed on probation? Is your niece 18 yet? Does she have a future court date at the Youth Guidance Center? Feel free to contact me at 415-782-6000 or e-mail me at adam@gasnerlaw.com if you want to discuss this matter further. Best, Adam G. Gasner

    2 lawyers agreed with this answer

  3. Child criminal laws

    Answered almost 6 years ago.

    1. Okorie Okorocha
    2. Adam Garrard Gasner
    3. Ryan Patrick McClure
    4. Brian Richard Dinday
    4 lawyer answers

    Your daughter needs a qualified criminal defense attorney. It appears if she is being charged with a robbery (Pen. Code 211) - which is felony charge. There may be defenses available to her that could result in the case being dismissed - or at least the charge reduced to a grand theft from a person (Pen. Code 487(c)), which is a much less serious charge on her record.

    2 lawyers agreed with this answer

  4. Can a juvenile that is on probation get his prop 215 card if he is still on probation after 18

    Answered over 5 years ago.

    1. Adam Garrard Gasner
    1 lawyer answer

    If I understand your question to be if you can get a medical marijuana card even if you are on probation, the answer is yes. Under Health & Safety Code section 11362.5, you need a doctor to recommend that you use marijuana for a medical purpose. If that is done, you are protected under California law against being convicted for possessing and using marijuana for medical purposes.

    2 people marked this answer as helpful

  5. Typical sentencing guidelines for DUI conviction in CA state

    Answered almost 6 years ago.

    1. Adam Garrard Gasner
    2. Brian C Andritch
    3. Ryan Patrick McClure
    3 lawyer answers

    The answer to your question depends a lot on the county that you are in. There may be other options available to you, such as electronic home monitoring - which is an ankle bracelet that you wear and it allows you to work and like at home, while you serve your "sentence."

    1 person marked this answer as helpful

  6. I have 15 days of caltrans i alredy got one extecion i have 4 days left will the judge give me an extention

    Answered about 3 years ago.

    1. Adam Garrard Gasner
    1 lawyer answer

    The issue of whether a judge will give you an extension depends on the reason that you could not complete the caltrans work since your last extension. If you were sick or injured or have another good verifiable reason then the judge is likely to give you another extension. If not, the judge could remand you to do the rest in custody. The bottom line is have a good explanation and some proof to back it up and you will likely get another chance.

  7. Criminal defense about a 211

    Answered almost 6 years ago.

    1. John M. Kaman
    2. Adam Garrard Gasner
    3. Juan Francisco Dotson
    4. Ryan Patrick McClure
    4 lawyer answers

    There are two issues that your boyfriend needs to address. The first is what the juvinile court is going to do because he did not complete his "year placement." That could vary depending on how long he did before he ran away and - maybe more importantly - what court he is in and who his probation officer is. The other issue is whether or not the DA is going to file additional charges related to the "running away." The best tactic for your boyfriend is to talk with a qualified criminal...

  8. LA state criminal code, defense for statutory rape

    Answered almost 6 years ago.

    1. Patricia Elizabeth Fox
    2. John M. Kaman
    3. Adam Garrard Gasner
    3 lawyer answers

    First, do not talk about this case to anyone -especially the police or an investgator - without a lawyer. This is a serious matter and you should have professional represenation right away.

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415-782-6000