Kasie Waiyee Lee’s Answers

Kasie Waiyee Lee

San Francisco Criminal Defense Attorney.

Contributor Level 6
  1. If your charged with a firearm as a co-defendent with 4 others the gun is not yours will they fingerprint the gun?

    Answered over 1 year ago.

    1. Angela M Berry-Jacoby
    2. Kasie Waiyee Lee
    3. Michael Douglas Shafer
    4. Joseph Salvatore Farina
    5. Seth Andrew Weinstein
    5 lawyer answers

    It's impossible to predict whether or not they will print the gun. Maybe they will; maybe they won't. It depends on whether the prosecution wants this evidence, and it also depends on how diligent the prosecutor on the case is. However, the prosecutor is not the only person who can request that the firearm be dusted for prints. Any one of the defendants can make this motion as well, if it is relevant to his defense.

    5 lawyers agreed with this answer

  2. If a female slaps a male in the face and the next day he files assault charges, will she be arrested? How serious is this?

    Answered over 1 year ago.

    1. Kasie Waiyee Lee
    2. William Peter Daley
    3. Harry Edward Hudson Jr
    3 lawyer answers

    It depends on how severe the slapping was. Given the fact that you said there no marks, bruises, cuts, etc., it is very likely that this would be no more than a battery. Here's the link to the jury instructions for battery on a spouse/ex-bf: http://www.justia.com/criminal/docs/calcrim/800/841.html. It's hard to say what would happen without actually reviewing the arrest report. At this point, we are working in the dark, because we have no idea what he and the other witnesses told the...

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  3. Did I lose gun right ? Convicted of a misdemeanor, Grand Theft

    Answered over 1 year ago.

    1. Aaron Todd Hicks
    2. Kasie Waiyee Lee
    3. Michael Douglas Shafer
    3 lawyer answers

    This should help: http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/prohibcatmisd.pdf

    4 lawyers agreed with this answer

  4. How do I beat a battery case against a waitress at a club?

    Answered over 1 year ago.

    1. Curtis Lamar Harrington Jr
    2. John M. Kaman
    3. Kasie Waiyee Lee
    4. Joseph Briscoe Dane
    5. William Peter Daley
    5 lawyer answers

    To be fair, lightening sometimes strikes twice, and it could very well be that there was some ongoing conflict between the waitress and this person that may have led the waitress to contribute to the accidents (e.g., by constantly being in his face). Without knowing all of the facts, it's really hard to assess the strength of your case. Was there a surveillance camera in the club? Often times there are. Were there other eyewitnesses? What did each eyewitness say? Were you cited? Does the...

    4 lawyers agreed with this answer

  5. Can I fight this DUI or at the least have it dropped to a wet and reckless?

    Answered over 1 year ago.

    1. William Mark Weinberg
    2. Jacqueline Belen Goodman
    3. Douglas Holbrook
    4. Ross Benjamin Green
    5. Chris J Feasel
    6. ···
    7 lawyer answers

    Thanks for laying out the fact pattern so clearly. I don't think a defense of entrapment would work in this case, because entrapment requires that the officer behaved in such a way to coerce an otherwise law-abiding citizen to engage in criminal behavior, which is differentiated from creating an opportunity for an individual to commit a crime. See here: http://www.justia.com/criminal/docs/calcrim/3400/3408.html. In your situation, a normal law-abiding citizen would have said, "I cannot drive;...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. ??furth of justice vs 995

    Answered over 1 year ago.

    1. Harry Edward Hudson Jr
    2. Kasie Waiyee Lee
    3. Michael Douglas Shafer
    3 lawyer answers

    It sounds like you're asking about the difference between a dismissal under Penal Code section 1385 (furtherance of justice) vs. 995, which is a motion made after a defendant has had his preliminary hearing and is held to answer on the basis that there was insufficient evidence to support the charges. But I agree with the attorney above: we need a complete question in order to give an answer.

    3 lawyers agreed with this answer

  7. Boyfriend on felony probation and is beginning to sell and possibly do hard drugs. What options do I have?

    Answered over 1 year ago.

    1. Kasie Waiyee Lee
    2. Kelvin P. Green
    3. Gayle Anne-Marie Gutekunst
    4. Michael Douglas Shafer
    4 lawyer answers

    Talk to a domestic violence counselor. Here ya go: http://www.abetterwaydomesticviolence.org/

    3 lawyers agreed with this answer

  8. Will I go to jail if I have a petty theft in California? My court date is soon and I don't know what to expect.

    Answered over 1 year ago.

    1. Kasie Waiyee Lee
    2. Brian Russell Michaels
    3. Michael Douglas Shafer
    3 lawyer answers

    Probably not, if this is your first offense. In addition, you could avoid accepting any jail offer because it would make this conviction priorable. What this means is, if a person has 3 prior theft convictions and has served custody time on at least one of them, the next petty theft can be charged as a felony under Penal Code section 666. At that point, the maximum punishment becomes 3 years state prison (as opposed to 6 months county jail for a misdemeanor petty theft.) Thus, a person...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Alleged petty theft with old priors

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. Chris J Feasel
    3. John M. Kaman
    4. Lara Ruth Shapiro
    5. Kasie Waiyee Lee
    5 lawyer answers

    Without knowing how many prior theft convictions she actually has, it is difficult to tell how "grave" the situation is. However, the fact that she only received a citation and is out of custody should be of some comfort, because it would be harsh for a judge to remand her at arraignment on even a felony theft complaint if she walked in for the arraignment. Also, it sounds like the theft conviction(s) took place years ago, and the items taken here (assuming the facts have not been minimized),...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Does my dad have to be in the court room when i have to take the stand

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Kasie Waiyee Lee
    3. Ian Thomas Valkenet
    3 lawyer answers

    It's in adult court, which are open proceedings. Unless your dad is also a witness or the court has good cause to believe that excluding your dad would serve a compelling state interest, the US Supreme Court has made clear that such proceedings must be open to all. I think you should let the prosecutor know, but in most situations, the court will not exclude.

    2 lawyers agreed with this answer