Harjot Ginny Walia's Answers

Penal code 422

You can file a police report at a local police station. That police report is then forwarded to a local District Attorney's office for potential criminal charges. Office of the District Attorney has the discretion to charge or not to charge the case based on the alleged facts in the report. In short, a lawyer cannot necessarily help you press charges. However, a lawyer can help you tell your side of the story in a clear manner if there is an issue. You are very articulate and it seems that...

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12500 (a) infraction for a foreigner

First of all, CVC 12500(a) can be charged as a misdemeanor and you need to be sure that you are not charged with a misdemeanor. It is irrelevant that the officer did not charge you with speeding but the alleged speeding was enough for him to stop you; therefore, he was able to ask you to produce a driver's license. They can charge you with speeding or amend the complaint to add speeding charges later. However, under CVC 12502(a) you have a defense to the CVC 12500 because you mentioned...

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I need a letter stating my husband is working and going to school for violation of probation can you help me or give idea?

The letter from the employer should say things about your husband's performance at work and his rapport at work and his ability to work efficiently with the employer's staff. The letter should be specific regarding your husband's performance, his attitude and his value to his employer. In regards to his school, print out his schedule from the school website or get a certified copy from the school's administration. If there are professors/teachers who are willing to give specific...

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What are the pros and cons of taking this case to court?

It is always possible to contest who the police found to be liable at the scene of the accident if you have a witness or other evidence that controverts the evidence the police relied on to find the party at fault. However, I need more information to answer your question. Are you being charged with a DUI? or are you concerned that the police found you liable for the accident in a civil action? You can call us at (510) 887-5910 or visit www.walialawfirm.com Your question regarding the pros...

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Got caught shop lifting and citation says: 837/488 P.c. Petty theft

Penal Code Section 837 literally says "A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. Penal Code Section 488 is simply the petty theft statute. Under Penal Code Section 837 a private person (usually security guards) can arrest...

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2 dwi's and on probation now got a drunk in public

If he has two DUI Convictions, he would most likely be treated more harshly by the system compared to a person who does not have alcohol related convictions. If he is currently on DUI probation, he has most likely violated the terms and conditions of that probation by picking up a new offense. If he is on probation, he could be charged with a probation violation as well as a new case for public intoxication. A lot of factors will determine whether he would actually get jail time. Those...

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What will happen?

You have been charged with a petty theft offense. They could have decided to charge you based on the security guards statements or the statement they took from you when they questioned you. The amount of this alleged theft will play a significant role in what will happen to you. There may be other problems with their case against you that could help you to effectively fight the case. You indicated that your friend tried to steal the alcohol bottles. A good attorney can tell you after...

I was charged for a misdemeanor indecent exposure charge in 2007 and just finished probabtion, is there a way to expunge it?

If you were convicted of Penal Code Section 314, your conviction may have carried with it a life time sex offender registration requirement. You can expunge your conviction via a Penal Code 1203.4 motion; however, the sex offender registration requirement will not be eliminated with the expungement. If you plead to a Penal Code Section 647(a) "Lewd conduct in public" you can expunge that conviction as well but this conviction may not have carried with it a sex offender registration...

Falsely accused of shopligting at kmart in costa mesa CA

To successfully sue Kmart, you cannot have a conviction for the theft charge or any other reduced charge stemming from that case. In other words, the case must have been dismissed or you must have been found not guilty by a judge or jury to proceed in a civil action. If you were not convicted in this matter, you may win your case against KMART but you wont have much of a damages claim to obtain a large judgment in this type of a case. Theft related charges can haunt you for a long time...

Can i please have some advice on drunk and public and resisting arrest charges? PC647F Disorderly Con, PC148A1 Obstruct Pub

First of all, you are making incriminating statements on a website that is viewable to public. These statements can be used against you in a court of law. You should begin attending alcoholics anonymous classes and being working on a package that shows your employment/enrollment in school or activities involving community service. For more information contact us at: www.walialawfirm.com