Kenneth Mark Quigley's Answers

Can a Charge of a crime be used against me if I was not convicted of the crime?

Unfortunately for you, the CHP and other police agencies are not bound by the crime you pleaded guilty to. They are allowed to look at the entire incident and decide for themselves how serious they thought it was, and what degree of misconduct they believe you committed. So long as they treat all applicants equally, they are within their right to do that.

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I was arrested today for a 1320(B) in Madera Calfornia but the warrant was sighned in Feb. 2004 when I was incarcrated there

Sounds like you should just be able to tell the judge, and have it confirmed by court records that you were in jail at the time. That should take care of the contempt charge. Since the authorities could have gone forward with the prosecution at that time, it might also cause the underlying charge to be dismissed. Your court-appointed lawyer should definitely look into that possibility.

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I need a pro bono criminal lawyer for a dui case.

You are entitled by law to a free, court-appointed attorney. Just ask the judge, and he is required to appoint someone.

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CALIFORNIA law- Husband lets wife drive drunk any reprcussions to husband?

Husband is not liable criminally, because wife was an adult who made her own decision to drive. Whether husband could be sued civilly is another matter, but it's unlikely for the same reason -- the wife made her own decision and another person is not expected to use physical force to stop someone. In fact, it might well be criminal for the husband to use physical force to restrain another adult!

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Boyfriend has been charged with his third DUI and has already been sentenced is there anyway to have the judge modify to rehab

A motion to modify his sentence can always be made. The public defender may be willing to do it, depending on office policy. If not, you will have to hire a private attorney.

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Why is my husband in jail still

Your husband is in jail because serious allegations have been made against him. His attorney should insist on your husband's right to a speedy trial (within 60 days of arraignment in Superior Court). If the case is not brought to trial in that time, the case must be dismissed. If it is brought to trial, then your husband will be able to bring in those witnesses who can testify that he was elsewhere at the time of the alleged assault.

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My parole was violated for something that happened when i was incarcerated and no on parole

It sounds like they have done the right thing, but way too late to be of any help to you, since you already did the time. There is not much you can do about it, however, which is too bad. That's the way our system works sometimes.

How can they parole ask to show evidence if the case never really existed cause it was a DA reject?

You have very few rights as a parolee, and sadly your best (and almost only) chance is to explain the circumstances to the hearing officer. You MIGHT be able to bring in a witness if you can find one.

What will happen if i press charges back?

You can't "press charges" on the homeowner. Only the district attorney can do that, and they almost never do it when someone is catching a felon at the scene. You might be able to sue the man civilly for using excessive force. Consult a personal injury attorney. Most of them will give you a free initial consultation, and will only charge you a percentage of what they collect -- if they take the case.

My bf is doing time for 32yrs to life for a crime he didn't commit. How can this be proven or terms be drop?

It is very difficult to attack a conviction after 8 years. An attorney could file a writ of habeas corpus if new evidence of your boyfriend's innocence was found, and that evidence was hidden by the prosecution or could not reasonably have been found by the defense at the time of the trial. That is usually a long and expensive process, since he would have no right to court-appointed counsel in that situation. It sounds like your boyfriend's past convictions were used to greatly enhance his...