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Peter D. King

Peter King’s Answers

58 total


  • Intend to plead not guilty by written decleration

    I am going to write to my designated courthouse clerk stating i intend to plead not guilty by written deceleration. Should I write just the letter? or do i need to write the request and fill out the TR-205 and include bail and send it all in at on...

    Peter’s Answer

    If you are going to plea by written declaration you should also send in any applicable forms and the bail amount. Are you doing your trial by written declaration as well? You really should consider contacting an attorney to assist you. There are many viable defenses to speeding tickets and a local attorney would know how best to argue the facts of your case. Just contact a couple attorneys from AVVO to see what they can offer. Many have free consultations.

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  • Violated probation and served time but immigration putt hold how many days they have to pick up an inmate? What to do?

    Please tell me what to do my friend is there waiting for about 10 hours in the place where they letting inmates go. They are not telling him anything.

    Peter’s Answer

    Your friend should contact an immigration attorney immediately. There are many qualified immigration attorneys here on AVVO. Try reposting your question under immigration category. That said, I agree with my colleague's answer: ICE has 2 days to pick up an inmate once they have been released from custody. So, your friend can be held for an additional 48 hours after his technical release date.

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  • Do I still need to file to have my civil rights restored?

    I recently was dismissed from jury duty because of a felony conviction, However, I recently filed the motion to have the charged reduced to a misdemeanor and then totally dismissed; which was granted by the court. Upon appearing for jury duty, t...

    Peter’s Answer

    If your prior conviction was reduced to a misdemeanor and dismissed under PC 1203.4 your right to serve on a jury has been restored. As above, any firearm restrictions remain in place.

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  • I got a DUI last Thanksgiving in California, I live in the bay area, I was under 21 so my DMV suspension is almost up.

    I have my court date in november 20. Now my question is will the Martinez court (the judge is a douche) suspend my license for another year. I have been hearing mixed things, some people say the Martinez courts don't handle lice...

    Peter’s Answer

    • Selected as best answer

    It's unclear to me whether this is your first offense that has just dragged on forward year or you picked up a second count. The court will generally not suspend your drivers license as part of your sentence for a DUI. The will usually impose 6-9-18 month DUI school, force you to install an ignition interlock device, or perhaps wear a SCRAM bracelet to detect alcohol in your blood, but the courts will most likely leave the license suspension to the Administrative arm at DMV

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  • I got a petty theft chatgr have to go to court next week. If I'm already on probation for someththing else will I go to jail?

    This is first time I been charged for pc484 but I'm on paper for possession of a controlled substance in the same county will I have to go to jail ? Do I need a lawyer ?can I keep off my record?

    Peter’s Answer

    You could go to jail, but it's unlikely in my opinion. With two minor offenses like those they will probably just give you either the probation violation or the new charge, not both. If you do get jail time it won't be much and your attorney can probably arrange for you to do the work alternative program (SWAP) so you don't actually have to go behind bars. You definitely need an attorney though.

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  • Does a store employee have the right to grab my arm and falsely accuse me of stealing.

    I was accused of stealing from a store today after i had won a toy out of a 50 cent machine I paid for i walked to my car after I noticed I left my phone and I put the toy in my car. When I returned, a clerk not loss prevention grabbed my arm and ...

    Peter’s Answer

    As my colleague said, a merchant has the right to hold you at their store until law enforcement arrives if they have reason to believe you were shoplifting. If they hold you without reasonable grounds then they could be liable for battery and false imprisonment among other torts.

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  • Can the licence plate number of a vehicle a suspected shoplifter drives away in be enough evidence to press charges?

    Say an employee suspects someone is a shoplifter and follows them out of the store, into the parking lot while asking them to stop. The suspect continues on to a vehicle and the employee is able to visually get the number off the license plate, bu...

    Peter’s Answer

    An employee's suspicion of shoplifting does not rise to the requisite level of Probable Cause to make an arrest or proceed with prosecution if it is a mere hunch. However, if this suspicion is based upon the employee's first hand observation of the crime taking place then yes, probable cause to arrest and prosecute exists. It would have to be a citizens arrest unless this were felony grand theft, but the citizens arrest really boils down to an affidavit signed by the employee and the cops do all the dirty work. That said, the information discovered from the license plate number would need to corroborate the employee's story and they would likely need to identify the suspect or the suspect could be identified via security video footage.

    So, the short answer is yes. If they have one credible witness and there is no need to actually find the merchandise on the suspect or connect them to it in order to bring charges against the suspected thief. That doesn't mean they'll prevail on those charges, but they can bring them.

    Don't spread anymore facts of your case online. Talk to a local attorney as soon as you can. I offer free consultations and would be happy to discuss this case with you.

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  • Do I need a lawyer?

    I was recently stop and got a dui, at the time the cop stopped me I wasent in my vehicle. I was sitting out side a bar waiting on a cab, he pulls some one else over and then tells me he seen me move my car earlier. Arrests me and obligated me to t...

    Peter’s Answer

    • Selected as best answer

    To be convicted of DUI the prosection has to prove that you were:
    1. Driving; and
    2. Blood Alcohol Content of 0.08% or greater, or
    3. Impaired by drugs or alcohol.

    In your situation, it seems like the prosecution could have a tough time proving the first element: that you were driving (let alone that you were under the influence). its difficult to say anything definitive without knowing the facts of your case, but I can tell you that you should contact a DUI attorney immediately to preserve your rights. You only have 10 days from the date of your arrest to request a DMV hearing to contest your license suspension. My office requests these hearing free of charge along with a free 30 minute consultation. Feel free to call this weekend, I'd be happy to discuss this case with you in greater detail.

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  • Dui non-conviction changed to a detention only no arrest recieved- still shows on FBI database as pending conviction. Help?

    How do i fix this ?

    Peter’s Answer

    If this is a county or state level DUI (i.e. not driving on federal lands) then you should pull your criminal record with the local arresting agency. This is a bottom-up process as each agency releases their records to the next level. If their records show that the conviction is still pending it will need to be corrected there first. Then have your attorney officially request that the county records clerk do their f-ing job and fix the problem that they set in motion. They should correct the problem in the state DOJ database and next time the FBI updates its files it should appear as a "detention only".

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  • WHEN AM I OFF PROBATION

    5YEAR FELONY PROBATION FOR ASSAULT

    Peter’s Answer

    Take the year you started probation and count forward five years. That's when you will be off probation assuming you don't pick up any new charges.

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