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Daniel Alexander Flores

Daniel Flores’s Answers

22 total

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

    How helpful is this in reducing a sentence?

    Daniel’s Answer

    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.

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

    Friend arrested for HS11360, away from his home. Within minutes of the arrest cops said they were obtaining a warrant to search his residense, they took him to a holding cell & he was booked 5 hours later. Meanwhile, the cops went to wait at his p...

    Daniel’s Answer

    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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  • Criminal charge/insider trading

    if someone is accused in criminal court for inside trading because she invested and gained profit based on the fact the "insider' instructed her to buy, but she never knew this is inside info and she had no idea this is illegal, can she be convicted?

    Daniel’s Answer

    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 accused should retain counsel immediately.

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  • I have two prior felony dui one in 89 another in 99. Can those be used against me with my new dui and enhanced charges? How

    likely is it i they will put me in custody when i report to court?

    Daniel’s Answer

    Since both of your prior DUIs are over 10 years old, the new DUI will be treated as a 1st DUI. Assuming that these 2 prior convictions are your only prior convictions, you should not be very concerned about being placed into custody. However, it would be most safe to hire an experienced DUI lawyer in your area to represent you.

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  • What does the charge 12032A F PC VIOLATION OF PROBATION mean

    need info

    Daniel’s Answer

    The section you are referring to is California Penal Code Section 1203.2(a). This section simply is telling you that the person is being accused of violating their felony probation and that the government is exercising its authority to rearrest the probationer pursuant to this code section. This section does not tell us what the probationer is accused of doing to violation his or her probation.

    Section 1203.2(a) reads in pertinent part "if any probation officer or peace officer has probable cause to believe that the probationer is violating any term or condition of his or her probation or conditional sentence, the officer may, without warrant ... rearrest the person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her rearrest."

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  • I FOUND OUT THAT I HAVE A WARRANT FROM A FEW YEARS BACK FOR PETTY THIEFT. IF I GO TO THE COURTHOUSE, WILL THE ARREST ME?

    I THOUGHT THAT I CLEARED THE CASE..PAID RESTITUTION AND WENT TO CLASSES, BUT I THINK I MAY HAVE MISSED A COURT DATE

    Daniel’s Answer

    In addition to the sound advice given by Mr. Dane, I recommend calling the Criminal Clerk's Office to confirm that the warrant is for missing a court date and to find out when the bench warrant was issued. In addition to your belief that you had the case cleared up, you may realize that you have a legal justification for not being in court on the day the warrant was issued. For your convenience, I have included a link to a web page with links to all California courts. Best regards, Daniel A. Flores, Esq.

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

    Accused by ex & 2 witnesses, neighbor friend & 1 of our 2 kids. I have 2 R.O's; the other is from family which prevents me to interact with kids. Other kid & ex’s roommate never went along with her story. She's called me about 2 months ago. I ...

    Daniel’s Answer

    • Selected as best answer

    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 is available to the defense.

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  • Theft by Juvenile (at school)

    Can a juvenile be prosecuted for rigging a classroom door to gain entrance and steal an IRS refund check, money from a wallet, and 2 USB memory sticks? Are they protected from prosecution in any way?

    Daniel’s Answer

    Yes. A minor can be "prosecuted" and punished for the described conduct. A big difference for minors is that, unless the minor is charged as an adult, minors are prosecuted in Juvenile Delinquency Court. Juvenile Delinquency Court is considered a civil process where minors are "found" guilty instead of convicted. This legal distinction is in my opinion a falsity and I'm sure that any kid who has ever been locked up would agree. Further, juvenile records can in certain instances be looked into when a person is already an adult and can even result in Strikes that count towards California's Three Strikes Law. Accordingly, every minor, parent, and concerned adult should treat juvenile cases very seriously and prosecutors should be forced to prove their cases.

    Lastly, it should be noted that the stealing of an IRS refund could be charged as a federal offense.

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  • How do i know what class felony i have?

    Possesion of a controlled substance in a prison.

    Daniel’s Answer

    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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  • When ansering dv120 should i pick apart of her statments

    should i answer , deni, or give reasons for and or give complete story so as to justafies my actions? or just state her aplication falls short by defanition

    Daniel’s Answer

    The first piece of advice I must give you is to consult a criminal defense lawyer familiar with Domestic Violence cases to advise you as to your potential criminal liability for the same acts of violence being alleged against you in “Family Court”. People often forget or don’t know that any statements they make explaining away acts of violence could be used against them in a criminal case brought by the District Attorney’s Office.

    Now, the answer to whether or not you should attack every misstatement made by a Domestic Violence Restraining Order Petitioner in your response depends on what you intend to do next. If you intend to rely on the pleadings and let the judge decide whether a restraining order is appropriate based only on what was written then a full attack maybe okay (keeping in mind the criminal liability warning and possible waiver of 5th Amendment Right to Remain Silent). If, however, you intend to request a full evidentiary hearing and the right to have your attorney cross-examine live witnesses, you are generally better off reserving the element of surprise for the courtroom. If you lay it all out on paper the Petitioner will just have a roadmap upon which to build his or her next set of lies, excuses or explanations.

    Good luck!

    Daniel A. Flores

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