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Autumn Renee Paine

Autumn Paine’s Answers

21 total

  • How much time will i actually do?

    I was sentence to 90 days of county jail im currently attending a sherriffs work alternative program in 30 day installments for my 90 day sentence in Alameda County California

    Autumn’s Answer

    You will have to do 90 days of SWAP (Sheriff's Work Alternative Program). You do not receive any additional credits when doing SWAP as you would if serving the time in custody.

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  • What happens if my boyfriend runs way away from group home but hes already 18?

    They placed him on a group home in stockton for 6 months but he just turned 18. they dropped hes charges he only has one for having a big knife in public. what happens if he leaves?

    Autumn’s Answer

    What can happen to your boyfriend depends on why he was placed at the group home. The court will also look at why he ran away and whether he has run away before. If your boyfriend is caught he can be placed in jail rather than juvenile hall since he is 18 while the court decides what to do with him. He should contact his attorney to get advice about his specific situation.

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  • First California misdemeanor : petty theft. CONSEQUENCES for non U.S citizen?

    I am 21 and I was caught for petty theft at Macy's for two shirt which came up to $50. The Macy's lady made me sign a paper which stated that i couldnt enter Macy's for 3 years and then a fine of $425. She called the cops on me. I was taken to co...

    Autumn’s Answer

    The consequences of even a misdemeanor for a noncitizen can be serious, and it will depend on your particular status. Your situation is different if you are a greencard holder, or if you are undocumented.

    Talk with your criminal defense attorney about the consequences of any plea agreement before you accept any "deal" or decide to go to trial. If your attorney cannot answer your questions, consult with an immigration lawyer. Many lawyers offer a limited free consultation. But definitely get the information you need before proceeding. Don't wait until you have problems later on.

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  • How much am I looking to spend on an attorney that handles dui cases and if it goes to trial would I have to pay more

    Was pulled institute and blew a .08%

    Autumn’s Answer

    In Alameda County, you are probably looking at a range of about $1500 - $2500. This fee is for "pre-trial" proceedings, meaning that if you go to trial you will have to pay more. If you blew a 0.08%, then you may have some very good issues for trial.

    Some things to think about when talking to lawyers:
    1) Is the lawyer going to be the actual one representing you, or is s/he going to pass the case off to someone else?
    2) What exactly does the fee cover? Does it cover the DMV hearing? Since the fee generally does not include trial, what will trial fees be? For example, does the lawyer charge a flat fee, or a per session fee?
    3) What experience does the lawyer have in the court where your case will be heard?
    4) What type of actual trial experience does the lawyer have with cases similar to yours?
    5) How comfortable do you feel when discussing your case with the lawyer? Your lawyer should be someone that you trust and feel comfortable working with on this very important issue.

    I agree with the other responses that the fee may not be the most important consideration since poor legal advice, even if it is cheap, can end up costing you in the long run.

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  • Suspended License Early

    my friend and i got our license suspended for a year for racing eachother in october 2011, and he got a letter in the mail saying he can get his licesne back early may 2012 and only be on probation, i dont know why i didnt get the same letter if i...

    Autumn’s Answer

    • Selected as best answer

    Did you have a negligent operator hearing? You should contact DMV to find out if you are eligible for a restricted license and when you will be eligible for an unrestricted license. It may be that you have more points on your driving record than your friend, even though you seem to think that your driving record was better. It is best to get the information directly from DMV. Contact a driver safety office - the phone numbers are listed on the DMV website.

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  • I missed my court date, I rescheduled, what now?

    Is the judge going to throw the book at me and give me the maximum sentence now? this is my second offense, the charge is possession of marijuana

    Autumn’s Answer

    So as not to put the cart before the horse, the judge cannot "throw the book" at you or give you the maximum sentence without a conviction. And as others here have stated, the maximum sentence for a simple first or second marijuana charge is not extremely serious (see Health and Safety Code sec. 11357 (b), however if you are charged with possession of more than 28.5 g, or with having concentrated cannabis, the potential consequences increase.

    Some counties do charge a failure to appear (as a separate misdemeanor) and other counties do not. In either case, it is best to be represented by an attorney; if you cannot afford one simply ask the judge to refer you to the public defender's office.

    Note that if you have a particular reason for missing the first date, bring any proof of that when you go to your next court date (i.e., you were at work, you were in the hospital, etc.).

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  • I have old non-paid traffic tickets they send me to collection, they don’t want to give me another court date.

    Because a already went to all the court dates for those tickets. I owe to 5 different court houses almost $6000dlls all together and the truth is I can’t paid I lost my job and they suspended my driver lic. I really need help.

    Autumn’s Answer

    It is not clear whether you owe on infractions or misdemeanor traffic matters. You can set up payments with the court. The suspension on your license could be due to the Failure to Pay VC 40508, or could be due to too many points on your license (a result of the traffic ticket). You can hire an attorney who deals with traffic matters to try and negotiate a settlement, or try to negotiate something yourself. You can also request a provisional license through DMV, depending on the reason for the suspension.

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  • What can happen if i get a ticket of theft and its my first time and i dont have a criminal record

    i stole 280 worth of stuff and they got me on tape

    Autumn’s Answer

    If you truly do not have any criminal history, even if there is video evidence, you definitely want an attorney who is going to fight to keep the theft off your record. Often times if you make an agreement to pay restitution (for what was allegedly stolen), and stay out of trouble for a certain amount of time - 6 months or 1 year, the charges can be dismissed. As I am not familiar with the specific facts of your case you'll want to discuss the possibility of this type of disposition with your attorney. Petty theft is a priorable offense - which means if you are charged with a theft-related crime in the future the DA can use a prior conviction of petty theft to increase the charge, and increase the penalties, including jail or prison time.

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  • Need pro bono service for Criminal Law. Case handled in Southern California.

    Need pro bono service for a criminal case involoving insurance fraud handled in the Van Nuys, California Court. This case was already closed for my part but I didn't exactly get my end granted. The attorney I paid for refuses to follow up unless I...

    Autumn’s Answer

    First, as to the appointment of a public defender: if you are otherwise eligible for the services of the public defender, but the PD represented a co-defendant in the case, the PD will conflict out of your case and the court will appoint what is called an alternate defender or another court-appointed attorney.

    As to requesting early termination of probation and an expungement, you can ask the probation department if they will handle this for you. If the probation department will recommend early termination and expungement, they can file the request for you. There is usually a fee for this. Also, I'm not sure what your attorney is trying to charge you for this, but some attorneys charge a small, flat-fee for these types of matters. You may want to contact the bar association in your county as many have a referral service that can refer you to attorneys who accept reduced rates for low-income clients.

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  • Criminal charged with 192.C.2 and paying restitution

    If my auto ins. paid 100,000 to the family do I still have to pay add. restitution? They signed the waiver from my Ins. company that they wouldn't try to ask for more? I am not sure if they used that money for funeral, medical, etc. If they didn't...

    Autumn’s Answer

    You should discuss this matter with the attorney who represented you through the criminal proceedings, unless for whatever reason s/he is no longer representing you. Basically the civil waiver form does not necessarily prevent the victim from asking for restitution through the criminal proceeding. However, criminal restitution is not a vehicle for punitive damages. Therefore, your attorney may require the DA to prove, in a hearing, the restitution that is owed. The victim would have to show receipts or other proof of expenses or damages. Oftentimes, however, an attorney can get the amount of restitution resolved without having a hearing by asking to see evidence of costs and expenses and stipulating to an agreed upon amount.

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