Alexander Thomas Henderson's Answers

What does disposition description: state prison 3, both abstract mean?

SP3 means that there was a sentence to State Prison and all the inmate's paperwork has been processed and he/she waiting for transportation to the Department of Corrections. Once the inmate has left County jail, the release information section will show the date and time they were sent.

35 people marked this answer as helpful

Question about marijuana possession charge with house search granted by spouse

Whoa there Perry Mason! Better slow down there with all that hifalutin' legal jargon. "Verbal testimony?" What as opposed to 'non-verbal testimony'? I am sure the police are trained to take testimony by charades. This is the same police force who's CSI team will be working tirelessly overtime to determine a way to "convincingly tie the ownership of the marijuana and the pipe to the husband". That's because San Francisco enjoys such a low crime rate that their narcotics division has nothing...

Selected as best answer

My boyfriend was charged with attempted robbery in the second degreee.what is the sentance for that?

Sorry Mr. Marshall most crimes in California are punishable by half for an attempt. But Robbery (Penal code section 211) is an exception to that rule. Attempted second degree robbery is punishable as a straight felony, 16 months 2 or three years. See penal code section 213.

Selected as best answer

Is there a statue of limitations on California robbery cases? If so, how long is it?

Dear Mr. Kaman. It would seem that this youngster is doing just what you suggest. Are we lawyers so rarefied and self important that we can't take a moment to stop and help educate the next generation of attorneys? So along with the S of L for robbery I can help this young barrister with a better understanding of the word "irony" by publishing the link to your previous answer to the same question. http://www.avvo.com/legal-answers/what-is-the-statute-of-limitations-for-armed-...

2 lawyers agreed with this answer

2 people marked this answer as helpful

Two names, same person? Legally?

A David Joseph named 'Miller', Was accused of being a killer; Though J. was a Joe and the coroner ate crow, His outcome was still an "acquittal".

5 people marked this answer as helpful

Double Jeopary

There is no question in your question so its hard to respond but I will assume you are asking the following: Does the fact that you served a 21 month prison sentence and were then released constitute a bar to being re-sentenced on remand? The answer is "no" if the 9th Circuit remanded your case to the district court for re-sentencing after finding that the district court erred in sentencing you to 21 months. You would get the credit for the 21 months as against your 10 years but the...

2 lawyers agreed with this answer

1 person marked this answer as helpful

Traffic violation, unpaid ticket, warrant for arrest, miscommunication with records

Lesson one: Don't assume anything! When you sign a ticket you are not admitting guilt. You are promising to appear in court at the time and place indicated on the ticket. From what you say it sounds as if you failed to appear for the ticket for the summer speeding violation, you were then cited for expired tags and when you went to court, the judge told you he didn't see anything else on your record. You then just assumed you were "clear". Your assumption provides no lawful immunity for your...

8 people marked this answer as helpful

What is bail forfeiture

Bail allows a defendant to be released from actual custody into the constructive custody of a surety on a bond given to obtain the defendant's release. When a defendant fails to appear as ordered by the court and has no legal excuse for that non-appearance his bail may then be forfeited. All jurisdictions provide for relief against forfeiture within a certain specified period of time from the defendant's failure to appear when, for example, an agent for the surety brings the defendant to the...

8 people marked this answer as helpful

Failure to provide defense with discovery.

The real issue here is whether or not the prosecution has been ordered to turn over existing identified discovery or is subject to an order to disclose a class of discovery in the event it exists. Generally the discovery duties of the prosecution are self executing for a number of types of evidence and the appropriate remedy for non-disclosure is a motion to compel disclosure for evidence which is known to exist.

2 lawyers agreed with this answer

Criminal defense, plea bargain under OR criminal proceudre

There are some facts requiring clarification before an assessment of fairness can be offered. First: Was the garage attached to the house or separate from it? If separate a charge of residential burglary may not lie. Theft and criminal trespass still would but these are much less serious offenses. Second: Where did the police recover the bicycle? If from the back yard then I assume as is parent you had access to it and permission to consent to its search. What about the shed? Did your...

1 lawyer agreed with this answer

5 people marked this answer as helpful