Adam Garrard Gasner's Answers

Adam Garrard Gasner
San Francisco Criminal Defense Attorney.
Contributor Level 7

3

Attorney answers:

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

Not stopping at a stop sign - trial by declaration defense

Asked by a user in Glendale, CA - over 3 years ago.

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...

9 people marked this answer as helpful

1

Attorney answers:

  1. Adam Garrard Gasner

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

Asked by a user in Palmdale, CA - about 3 years ago.

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

4

Attorney answers:

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

Child criminal laws

Asked by a user in San Francisco, CA - over 3 years ago.

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.

1 lawyer agreed with this answer

3

Attorney answers:

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

Typical sentencing guidelines for DUI conviction in CA state

Asked by a user in Kyburz, CA - over 3 years ago.

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

1

Attorney answers:

  1. Adam Garrard Gasner

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

Asked by a user in San Clemente, CA - 9 months ago.

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.

4

Attorney answers:

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

Criminal defense about a 211

Asked by a user in California - over 3 years ago.

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...

3

Attorney answers:

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

LA state criminal code, defense for statutory rape

Asked by a user in New Orleans, LA - over 3 years ago.

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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