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David Alexander Blair

David Blair’s Answers

92 total


  • Got a DUI how do I fight it

    DUI

    David’s Answer

    request a hearing with the dmv within ten days, go to your arraignment date or hire a lawyer to defend you. at the very least consult with one or two before you go to court. good luck.

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  • Is it legal for me to have sexual intercourse with my 15 year old girlfriend when I am 18 in California?

    I turned 18 recently and she turn 15 in a couple months, we will not have sex in this period of time, but after she turns 15 is it still considered statutory rape? if so what would the penalty be for this. Also, if we had sex when she was 14 and i...

    David’s Answer

    It is not legal and sex crimes with under age individuals is taken quite seriously in California.

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  • Need advice about clearing my criminal record.

    I've just been denied access to Global Entry, which allows travelers to bypass US Customs when traveling internationally. The only things on my record are a DUI from 2004 and I was arrested around 2010 for cultivation, transport, and sale of marij...

    David’s Answer

    Your DUI conviction is the problem, and an expungement pursuant to Penal Code Section 1203.4 is all you need to access Global Entry. A private lawyer can do this for you with little cost and hassle. You can contact your original lawyer or someone here on AVVO. If you are low income and qualify for the Public Defender's office and your case was in San Francisco you can use their Clean Slate program.

    Expungements have few immigration benefits but I recommend them in all cases for employment as well as other collateral reasons. Good Luck.

    www.beckmanblairllp.com

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  • I need an attorney that practices both immigration and criminal law

    Currently need one , for the purpose on filing motion to set aside a conviction , norcal. Bay area

    David’s Answer

    Motions to set aside convictions and other forms of post conviction relief are a specialty in the field of criminal defense, and your case needs to be analyzed to determine what relief you may be entitled to and the risks and chances of success and ultimately determine what are your best options to achieve the immigration result you are hoping for. Myself and a limited number of other attorneys in the bay area do this. Good luck.

    http://beckmanblairllp.com/practice-areas/criminal-defense

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  • Can someone pursue criminal charges after they signed a notarized document saying that they wouldn't in exchange for restitution

    I used someone's debit card to withdraw money from their bank account without permission. After I was confronted, I agreed to pay all the money back and other conditions. We got this is writing which we both signed and had notarized. I have paid a...

    David’s Answer

    She definitely can still speak to the police and district attorney. The decision to arrest you lies in the hands of the police and the decision to file charges lies in the hands of the da not this other person. To make matters worse the document you signed may constitute an admission of guilt by you. Your remedy for this woman breaking ber contractual agreement depends on what the document says would happen but that has no impact on if criminal charges get filed. That being said if she talks to the police and she agreed not to you could threaten her with a lawsuit. Whether that is a good idea or not i don't know. Good luck.

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  • Will a public defender pursue the same plea deal a private attorney presented when you cant afford the private attorneys fees?

    My son was convicted on felony charges and placed on 5 yrs. felony probation. He has picked up new felony charges, violating his probation. I spoke with a criminal defense attorney who suggested that most likely he could have the new charges thr...

    David’s Answer

    I agree with the previous answers and would add that a private lawyer is much more capable of responding to your and the clients questions. Public defenders rarely have the time to deal with family members and return calls. If you are asking questions on avvo it is because you are unclear about what is happening and with a private attorney that should not happen. Lastly if your son is getting in and out of trouble having a private lawyer that you or he can call before the trouble happens you can often prevent going back to court on a probation violation or new case in the future. Good luck.

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  • Next Court date in 5 years

    My boyfriend is currently in custody in Alameda county. He had court this morning and when i check the VineLink website for updated information it now says his next court date is scheduled for 10/01/2019. Why is the next court date so far out?

    David’s Answer

    5 years probation and he was sentenced today

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  • I'm a 17 year old boy and my girlfriend is 14 what are the laws against this?

    I'm a 17 year old boy and I'm dating a 14 year old girl, Ik that three years is bigger than usual, but anyways in December I turn 18 and she turns 15 in January we started dating this month and I am concerned about what is going to happen when I t...

    David’s Answer

    If the police were to investigate you you would be in a heap of trouble. Especially once you are an adult. Need we say any more?

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  • Am I liable for "corruption of a minor"?

    I anonymously exchanged sexually-explicit messages with someone on a telephone chat line who, later, was revealed to be underage. I subsequently received a call from the girl's grandmother who had apparently attained my home phone from the chat co...

    David’s Answer

    Anonymous is not anonymous and so you should refrain from posting comments online that are admissions (like you did in the question you posed) since those admissions can be used against you. There is no defense of entrapment that I see at the moment but you should absolutely contact and consult with an attorney as soon as possible to discuss your rights and options in anticipation of possibly being arrested. These cases are serious and taken seriously by the police and governmental agencies.

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  • What will happen, dui in Marin county on suspended license.

    My license was previously suspended and I was pulled over for speeding and got a dui. I had a really high bac. What will the judge say??

    David’s Answer

    Marin county is a tough county for DUI cases. As previously explained: get a local attorney to take your criminal and dmv cases and defend you as best as they can. If your license was suspended because of a prior DUI the district attorney will want you to do an additional 30 days jail time for that offense alone and a high ba can rresult in more jail time and/or a lengthier DUI program.

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