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Marsanne Andrea Weese

Marsanne Weese’s Answers

6 total

  • In a criminal case, who present the case first, the government or the defendant, and why?

    who present the case first, the government or the defendant. and why?

    Marsanne’s Answer

    I am assuming that you are asking who presents the case first in trial. The prosecution (government) presents their case first, because they have the burden to prove beyond a reasonable doubt that a person is guilty of a crime.

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  • Can a misdemeanor not be on my criminal record at all (besides getting it expunged) if I was not arrested and was not in jail?

    I was caught for petty theft of $36 at a store. I was not arrested and didn't spend any jail time and I was allowed to come back to the store. The only thing that happened to me was signing a couple of papers for restitution and a paper from the...

    Marsanne’s Answer

    The only way to take an arrest off of your record is to file a Petition to Seal and Destroy arrest records pursuant to Penal Code section 851.8. If you need any help with this petition or more information, please contact me.

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  • Criminal Law

    my son is to be released this weekend. I was just advised that the Sheriff's Dept. (not DOC) has required him to register as a sex offender because of a false imprisonment charge on a 16 year old. They both were 16 at the time of the incident. Th...

    Marsanne’s Answer

    There are certain sex offenses that have mandatory sex registration. False imprisonment is not one of those charges. You or your son should notify your son's attorney of what the Sheriff's Department told you. The court determines if sex registration is necessary and your son has to agree to register as a sex offender when he accepts a plea deal.

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  • Plea deal gone wrong

    If the D.A. and attorney screwed up on a plea deal that stated the accused is NOT suppose to register as a sex offender on one charge, but the false imprisonment is the charge he's being requested to register under.......can a Judge correct this m...

    Marsanne’s Answer

    A judge can correct the plea. The case would have to be calendared and the judge would have to modify the accused's sentence, so that the correct charge for registration is stated. However, if the sex registration is a condition of probation, then the accused may have to register under the false imprisonment charge for the period of probation.

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  • Is it possible to expunge a criminal charge or clear criminal record after serving the sentence

    are they able to start all over like nothing ever happened? the criminal can be anything from violent crime to a small theft. opinions for or against it would be very helpful.

    Marsanne’s Answer

    Generally, when a person is convicted of a crime, it stays on their criminal record. The only way a person can obtain a new record is if the federal government gives them one, which in most cases is when a defendant is in the witness protection program. In some states, the defendant can ask for the court to expunge his record. However, a new criminal record is not given to the defendant.

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