Marsanne Andrea Weese's Answers

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

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?

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.

Criminal Law

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

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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My husband got a dui in 1999 and never finish taking care of it do i need to get a lawyer for his upcomming court date?

I would recommend hiring an attorney because the penalties of a DUI could be high. In addition, an attorney may be able to help review your husband's case with regard to your husband's constitutional right to a speedy trial being violated.

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

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.