Daniel Alexander Flores's Answers

Out on bail and fighting PC 422/Criminal threats with Public Defender. 50 years old with perfect clean record up until now.

In addition to the good suggestions made by Mr. Lounsbery, I would recommend trying to talk to your Public Defender. If you believe in your innocence your recourse is the great American jury trial. Oftentimes you’ll see a different side of your private or public defender when you yourself decide to take the risk of trial. The decision to go to trial and make the DA really consider whether or not they can prove each of the CALCRIM elements of a particular crime is one of the only rights that...

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Is this a legal search & seizure? (please read the details below)

Whether the search was legal is going to depend on whether or not the police had a warrant (or a provable valid reason to bypass a warrant such as exigent circumstances) and if they did have a warrant did they stay within the bounds of the warrant. Unfortunately, whether or not the police stated aloud that they had a warrant is not really the issue.

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How do i know what class felony i have?

You should absolutely request the services of a public defender. This should be what every person charged with a crime should do if they cannot afford to hire private counsel. You have never been convicted before and you hope to not make this your first. A criminal defense lawyer (public or private) SHOULD explain the charges, defenses, rights, and potential consequences to his or her client. Good Luck! Daniel A. Flores

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DUI/Unlicenced Charge whilst working in US on H1B Visa

First let me say that I agree with the previous answers by Mr. Kaman and Mr. Geller. Given what appears to be an unfortunate lack of communication between you and the lawyer you hired, it is understandable that you are concerned about what will happen at your court hearing (presumably your arraignment, i.e., your first appearance). You should know however that substantive decisions impacting the merits of a charge or the consequences of potential convictions are rarely at issue at the first...

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HOw long do I have to press charges in a domestic violence case after the incident in the state of california

The answer to your question depends on whether you are you referring to bringing a civil lawsuit against the person who committed the violence or if you are you referring to the person being arrested and prosecuted. If you are referring to bringing a personal injury claim against a private individual who committed the violence, then your statute of limitations in California is two years from the date of the incident. The term "press charges" is unclear and often misused. Only the government...

How long in Juvy?

The length of time in custody depends on a lot of factors so your question cannot really be answered right now. There is no right to bail in Juvenile Court so minors charged with serious offenses typically remain in custody at least until their case is over. If they are found guilty, they may remain in custody for a much longer period of time depending on the sentence and their prior record.

Not sure whether I just use the Public Defender or Hire a Lawyer.

If you can afford to hire a good criminal defense lawyer who is experienced in your county, you should. You want someone who specializes in criminal defense to review your case and advise you of all options and potential consequences. Public Defenders are criminal defense lawyers too and like any type of lawyer, there are good ones and bad ones. Since you care about your future, I trust you won’t try to represent yourself.

I am 20 yrs old and I did not stop other minors from taking voka out of my car. They got caught at school and gave my name as

You should retain counsel and not say another word to anyone but a criminal defense attorney about your case. If you are not on probation or parole and do not have a prior record (or much of a prior record) the potential jail time would not likely be imposed. Depending on what you do for a living or what your future plans are (e.g., any type of state license – teacher, lawyer, nurse, etc.) you may really have to worry about how a conviction of this nature might affect you. Again, contact a...

What can family do to appeal to the Judge during the pre-sentencing period?

I agree that the family should work with the defense lawyer to try to put together a good sentencing pitch. If probation is a goal, this would include making a pitch to the probation department who will review the defendant's responsibility, job history, and stability of the defendant's housing situation if released.

Criminal charge/insider trading

The situation you propose suggests that the buyer is innocent and in fact did not knowingly engage in insider trading. For a person to be convicted, that person would have to agree to some sort of plea deal where by she agreed to be convicted or be found guilty by a unanimous jury of 12 people. The prosecution would have to prove all of the elements of the crime including the mental element of intent. None of this can happen immediately and without the defendant’s knowledge. The person...