Gordon Morris Fauth Jr.'s Answers

Gordon Morris Fauth Jr.
Alameda Criminal Defense Attorney.
Contributor Level 7

2

Attorney answers:

  1. Gordon Morris Fauth Jr.
  2. John M. Kaman

Possible punishment for being charged with petty theft under CA criminal code, 488 PC

Asked by a user in Los Angeles, CA - almost 4 years ago.

You really should get a lawyer--either the public defender or a private lawyer. A lawyer will be able to spot problems with the prosecution's case, conduct discovery, and advise you on deals, trial prospects, etc. If you are talking about a plea bargain, it depends on your record, the court, the judge and prosecutor, and the state of the evidence against you. The potential penalties for petty theft in California are: "fine not exceeding one thousand dollars ($1,000), or by imprisonment in...

6 people marked this answer as helpful

8

Attorney answers:

  1. Gordon Morris Fauth Jr.
  2. Joshua Matthew Dale
  3. Chad Raymond Maddox
  4. Tracey Beryl Gallagher
  5. Ryan Patrick McClure
  6. ···

California DUI laws, can I appeal my 2nd DUI arrest

Asked by a user in El Monte, CA - over 3 years ago.

Mr. Dale is correct. However, some DA and courts are quite cooperative when it comes to individuals who are serious about wanting to serve their country. You might have your previous attorney (or hire a new one) discuss this issue with the DA's office, and, if it seems doable, look over the details of the conviction to see if there are any improprieties in terms of procedure and due process, no matter how slight, that would allow the conviction to be challenged. If the court and DA are...

4 people marked this answer as helpful

1

Attorney answers:

  1. Gordon Morris Fauth Jr.

Employer Vs Employee ( CA Corporate Law )...Dispute on company name

Asked by a user in Los Angeles, CA - almost 4 years ago.

I don't know all the facts and have not researched the legal issues, so please do not take this as specific advice on what you should do in your case. You should discuss your situation in detail with an intellectual property lawyer. But, a few general points: It is not a good idea to try to induce action or inaction by threatening to disclose things you know about a former employer that it would not want disclosed. Leaving aside the duty to keep confidential any legitimate trade secrets...

1 person marked this answer as helpful

1

Attorney answers:

  1. Gordon Morris Fauth Jr.

Is there an implied legal obligation to provide correct information on a contract

Asked by a user in Oakland, CA - over 3 years ago.

Is the check for the entire purchase price of the car? If so, and assuming you still want to sell the car, why can't you just deposit it and wait the time recommended by your bank to see if it bounces? Incorrect address information in the contract could be a mistake, and does not sound like a material part of the contract...

3

Attorney answers:

  1. John M. Kaman
  2. Gordon Morris Fauth Jr.
  3. Corey Ira Cohen

Counterfiting store coupons considered criminal offense?

Asked by a user in San Diego, CA - almost 4 years ago.

Yes, If your friend knowingly used counterfeit coupons, that is a crime. Was your friend arrested and a court date set? If so, she should get a lawyer, who can advise her on possible defenses, etc. If she cannot afford a lawyer, the court will appoint one. The public defender's office should be able to provide information.

4

Attorney answers:

  1. Gordon Morris Fauth Jr.
  2. Jon Mitchell Jackson
  3. John Roger Blanchard
  4. Gordon Ralph Levinson

Suffered personal injury on property that i lease, under CA tort law do i have a cause of action

Asked by a user in Apple Valley, CA - almost 4 years ago.

It depends. The general rule is that the landlord is not liable to the lessee for injuries arising from a condition of the property. But, there are lots of exceptions. Once is for a latent defect which the landlord knew or should have known existed, which caused the injury. You need to discuss the specific facts of your situation, and how and why you fell, with a lawyer.

2

Attorney answers:

  1. Gordon Morris Fauth Jr.
  2. Michael Hassen

Class action legal notice received in the mail, procedure for replying in WA state

Asked by a user in Pullman, WA - almost 4 years ago.

The notice should also have informed you that you can opt out of the class action settlement by a certain date. If you opt out, you would not share in the class action settlement but would still possess your individual claims which you could pursue later (only if they are not time-barred by statutes of limitations, etc.). If you do not stand to receive anything you consider worthwhile in this settlement, you probably should consider opting out. You should be able to call the class...

1

Attorney answers:

  1. Gordon Morris Fauth Jr.

Is it legal for police to take property without legal documentation and useing unusual force

Asked by a user in Gig Harbor, WA - almost 4 years ago.

If the car is yours and that person had no legal right to take, as an alternative to hiring a lawyer, you can probably sue the person in small claims court yourself. Small claims courts cap the amount of recovery--I believe the cap is $4,000 in Washington; but, depending on the value of the car, that may be enough. Check out http://www.courts.wa.gov/newsinfo/resources/brochure_scc/smallclaims.doc for more information on small claims procedure in Washington.