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Daniel Alexander Flores

Daniel Flores’s Answers

22 total

  • I'm looking to get my record expunged? I go to court on 10-18-12 for a petty theft crime of under $50 & dont want this on record

    This will be my first offense ever on my record and I'm not sure how this all works? Do I have to wait a year to get it get my record expunged? How much does something like this cost? I received the ticket in San Mateo CA 94403, is expungement all...

    Daniel’s Answer

    The first thing is fighting your case to avoid a conviction so that “expungement” is not necessary. As to your specific inquiry of whether or not “expungement” is allowed in San Mateo County – what is commonly referred to as “expungement” is not a county-by-county procedure. It is a process used to obtain an after the fact dismissal of a prior conviction pursuant to sections 1203.4 and/or 1203.4a of the California Penal Code, which applies in all counties of the State. San Mateo County, unlike some other counties, does not have a formal diversion program designed to allow persons accused of petty theft for the first time to avoid a conviction. Thus, there is even more of a reason for someone in your position to retain counsel. Good luck to you.

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  • What does this ticket entail? Is paying it an admission of guilt? Will it appear on my record? Best course of action?

    -18 year old, no record, caught with less than an oz of marijuana on fed lands by fed officer -confiscated the drug and pipe - no arrests. Issued a ticket for "possession of a controlled substance - marojuana", fine of $175. No court date, inst...

    Daniel’s Answer

    In my opinion, your friend must assume that paying the ticket will create a record that he or she was convicted of the offense.  The "record" that is typically thought of is one's rap sheet or arrest record.  One's record, however, is not limited to actual arrests or convictions for felonies or misdemeanors.  Here, there is a court record and that court record shows a citation and if your friend simply pays the ticket your friend will have a record of conviction that may be accessible to employers and other interested persons in the future.  For most people this type of record would probably not be a big deal, but having represented clients who are police officers, politicians, and professionals, I can tell you that right now is the best time for your friend to consult with a qualified lawyer to discuss the potential implications to him or her.

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  • How much jail time

    Just got my 3rd DUI, how much jail time am I looking at? No probation, 3rd in 10 years

    Daniel’s Answer

    It is highly recommended that you consult with and retain an experienced DUI lawyer in Los Angeles and that you request your APS hearing within 10 days of arrest. The first question should be what can I do to beat the case.

    As for jail, it is common for people to serve less than the minimum jail time in actual county jail and instead serve "jail time" through a jail alternative program. An experienced private attorney or public defender can investigate the strengths and weaknesses of your particular case and your eligibility for alternative sentencing.

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  • Should i hire an attorney before or after my DUI arraignment? I'm not sure how beneficial it will be to get an attorney sooner.

    I was arrested for DUI about a week and a half ago. I don't think the DMV can suspend my license because I blew under a .08. I feel I have a good case because I blew a .072, was very cooperative with the officer, did not have trouble with my gai...

    Daniel’s Answer

    Schedule your DMV APS hearing immediately.  You do not need a lawyer to make this request.  Just call and schedule it.  

    As for the case, if you are truly a .07 it is very likely that you will not get charged.  Therefore you can consider not hiring a lawyer now and waiting to see if in fact you get charged.  If you are charged, just tell the court that you want to postpone your arraignment to have time to hire a lawyer.  This should not be a problem.  If you are charged, you are best advised not negotiate with the DA yourself.  You would be waiving your right against self-incrimination by doing so and you are probably not going to do the best job at defending yourself anyway. For example, a wet reckless conviction would under most circumstances be a horrible result in a .07 BAC case. 

    Good luck to you.  

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  • My step uncle brutally assaulted me and i was mistakenly taken to jail for aggravated assault, can i press charges back on him?

    While i was living with my step uncle, who is 300 lb and in his late forties, his daugter robbed me of almost everything I own. At least 3-4 grand worth of belongings were taken, and while i was packing the rest of my things her father attacked me...

    Daniel’s Answer

    I'm sorry to hear about what you went through but happy to hear that you were acquitted.  I recommend that you consult with a local criminal defense lawyer to see if there is a way that you can have the arrest taken off of your record.  I practice in CA and can tell you that if your situation happened here, your record would still show the arrest for a violent crime (probably a felony) despite the fact that you were acquitted and it would be up to you to pursue an order finding you factually innocent.  Only then could your arrest record be sealed and ultimately destroyed.  You only get one record - do your best to make sure it looks as good as it possibly can.   

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  • What is a no probable cause warrant? Charges Domestic Terrorist & 2 assault w/deadly weapon. How do I handle this?

    They brought SWAT to my home on my ex-gf word @ a gas station. I was in jail & released after 5 days (2 days sat & sun). I didn't get to see the judge, I was released told free to go with no charges. I started work out of state then found out the ...

    Daniel’s Answer

    I'm sorry to hear about your situation. I recommend that you check with your local public defender's office and/or Bar Association to see if there is a program set up to help people clean their records. You may qualify for relief that will make your record better such as a finding of factual innocence.

    Good luck to you.

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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

    My daughter was assualted last night about 10 pm. How long does she have to press charges. She has date stamped pictures and can get the police report.

    Daniel’s Answer

    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 can file charges against someone. The victim of a crime, such as domestic violence, can request that criminal charges be initiated and the more persistent a true victim is, the more likely that the District Attorney’s Office will file charges.

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

    My brother and I were caught at the store H&M taking $25 worth of merchandise that was recovered/undamaged by LP. We are not sure what to do. We are full-time students with above 3.0 GPA's and are not gainfully employed. We are not sure which rout...

    Daniel’s Answer

    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.

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  • 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

    the person who gave them the bottle. I did not give it to them they took it but I did not stop them. I went into the school and talked to the officer and told my storie. He said he will write out the report and turn it in. It is now up to the high...

    Daniel’s Answer

    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 criminal defense lawyer to discuss how to best prepare yourself.

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