Derek Richard Ewin's Answers

How come my request for a police report involving me was denied by the City of Arcadia?

I have seen some police departments rely on Penal Code section 1054(e) to deny giving police reports to people who are suspects listed in that police report. They claim that based on this statute police reports can only be given out through the prosecuting attorney.

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My husband is being charged with PC 496D(A), VC 10851(A) and VC 2800.2(A). How much time is he looking to get.

I would agree with Mr. Sanger that we would need more information in order to answer your question. My experience is that judges tend to treat VC 2800.2 (reckless evading) charges very seriously. I have had more than one judge tell me that they feel a reckless evading is like a person shooting a gun down a street. The fact that your husband went to the hospital seems to indicate that it was a serious chase. In Contra Costa County, if your husband had no record, but was convicted of these...

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Do I need an attorny to deal with a a ticket for driving on a suspended license

Have you confirmed that your case was actually filed, or are you just showing up to court on the date stated on the ticket? When I worked as a DA, without proof that the person knew about the suspension, I would not even file charges. Normally, on that type of suspension, the DMV will send a letter to you telling you that your license is suspended. If you do not send back an acknowledgement that you received the letter, they can't prove knowledge. If you told the officer that you did not...

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Facing a drug charge 3 months pregnant!

Health and Safety Code section 11357(c) is "Possession of Over an Ounce of Marijuana." It is a misdemeanor with a maximum period of confinement of 6 months. If it is the only charge against you, I would be shocked if spent any time in jail, especially if you are pregnant. Your husband's situation is much more serious. Robbery is treated very seriously by the police, DA's and courts. I would highly recommend that you talk to a lawyer before tomorrows court date. You need to make sure...

How can I obtain the maintenance records for a breathalyzer as well as in video evidence that was recorded in my DUI arrest

Normally in a criminal case, discovery comes through the DA's office. If your case has been filed in court and you have been arraigned and you are currently representing yourself, you can make a discovery request to the DA's office for the items. Normally, an attorney will have an easier time getting that information because they know who to contact at the DA's office and how to make the request. Depending on your jurisdiction, your blood alcohol level could be low enough that you could get...

Ok..thanks for the answer, Robert! Another qeustion below!

In the counties that I practice in, a judge will generally not terminate a DUI probation early. DUIs, unlike other charges, normally have a minimum of 3 years probation, and I have not seen a judge willing to reduce that time period. When you talk about getting a charge expunged, you really are refering to getting it dismissued under Penal Code section 1203.4. That section says that it is within a judges discretion to dismiss a case if a person has successfully completed probation. In my...

What can my sister be charged with for fighting in a grocery store with another girl?

Was the other girl a store employee and was the fight because your sister was accused of shoplifting? If so, then she and anyone helping her could be charged with a Robbery (PC 211) based on the case of People v. Estes. It would depend on whether any of you still had the stolen merchandise in your possession. Hopefully that is not the case In order for you to be convicted, there would need to be evidence that you directly participated in the fight, or that you encouraged or facilitated...

What is my punishment likely to be?

If the DA's office feels there is enough evidence to file the case, then charges will be filed in juvenile court. If the DA's office alleges the prior conviction for shoplifting, then the case could be charged as a misdemeanor or a felony. If you admit to the case, or if it is proved at trial, you will be made a ward of the court. In juvenile court, the judge has a large amount of discretion. Normally the probation department would make a recommendation and it would be up to the judge...

Wet Reckless at DMV?

The law does not require the installation of an "ignition interlock" device on your automobile for the first DUI within 10 years. If you were to get another DUI within 10 years, then an ignition interlock device may be required for a period of time. The DMV will not suspend your driver's license based on the Wet Reckless conviction, but they may suspend your license based on the results of your DMV hearing if they feel that they have proved that you were driving a vehicle with a .08 BAC or higher.

DUI reduced to a wreckless driving misdemeanor

If you are asked if you have any criminal convictions, your answer would be yes: "reckless driving." Many states have provisions to get cases like this dismissed after successful completion of probation. If you could get the case dismissed, then you would be able to answer "no" to that question. I would highly recommend that you talk to an Arizona criminal defense or DUI attorney to find out your rights in that jurisdiction.

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