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John W Stanko

John Stanko’s Answers

89 total


  • 3 months ago l was arrested for stealing 8 pieces of equipment from my work worth $12,000 which was returned upon my arrest.

    At my first hearing the amount went from $12,000 to over $400,000 which is crazy. the judge did not give me a plea bargain until further information was needed from the victim. 2nd hearing there was no further information on the amount taken. 3...

    John’s Answer

    When you say hearing, what do you mean? Pre-trial conference, preliminary hearing? It sounds like you are trying to negotiate a disposition but the judge is not allowing it until the amount of restitution is determined. Talk to your PD about the procedures being employed in detail. There likely was an informal request for discovery made and you should discuss that with your attorney. If you aren't getting what you are asking for it can be compelled and you may wish to demand a speedy preliminary hearing and/or trial if you are not getting what you want.

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  • How much of my sentenced 1 year time will I serve in San Joaquin County Jail?

    I am being convicted of 8 counts of welfare fraud (felonies). This was dropped down from 20 counts and an enhancement. From what i understand, I will be sentenced to 4 years; 2 years suspended, 2 years at half time. So 1 year in custody at coun...

    John’s Answer

    You should be prepared to serve your full sentence, expect the worst but hope for the best. With overcrowding and full credits you may get out early but don't count on that.

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  • What are my chances of getting a first misdemeanor expunged?

    I have a misdemeanor charge on petty theft that happened over 6 years ago that I want to get expunged but I have a second one that happened less than a year ago. Will my second misdemeanor affect my chances of getting my first one expunged? If not...

    John’s Answer

    You cannot expunge a case if you are currently on probation for another charge or facing prosecution in another case. So, your second case may prohibit your from getting 1203.4 relief on the first case at this time.

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  • If i got caught stealing with my kid and they call cps will they take him from me

    my sister in law got stealing and they said i was a look out and i had my son the cops called cps will they take my son from me

    John’s Answer

    Will they take your son? Did CPS contact you? You should seek an attorney who specializes in juvenile dependency matters.

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  • I got cited and realesed by the police for petty theft at walmart what will be the outcome?

    I'm on court probation for assault with possible bodily harm but have no priors of any kind of theft and walmart doesn't have me on camera taking anything and i didn't walk out of the store with any merchandise and wasn't stealing anything my sist...

    John’s Answer

    You should hire an attorney. If your probation officer or the DA files a petition to revoke your probation you will either admit a violation and be re-sentenced or you deny a violation and demand a hearing on the alleged violation. If you are found in violation you will be sentenced and are facing, as a maximum, the full exposure on your probation case.

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  • Arrested but not charged

    If I was arrested and it was a detention only, no charges filed because of lack of evidence am I eligible to have my arrest record sealed?

    John’s Answer

    Under Penal Code 851.8 you may petition for a finding of factual innocence. As you were not charged you must first petition the arresting agency.

    A local attorney can assist you.

    Law Office of John Stanko
    stankolaw.com

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  • Getting charge with Pc484 petty theft whats gonna happen?

    i shoplifted a couple hundred dallors from kohl was no police invloved at the time but a got a letter today that said that i was issued a citation for pc 484, petty thift and must appear in court whats gonna happen? im trying to join the marines ...

    John’s Answer

    Hire an attorney to assist you as a conviction could hurt your chances to join the Marin Corps.

    Law Office of John Stanko
    stankolaw.com

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  • I have a possession of marijuana less than an ounce ticket.while i was under summary probation for driving w a suspended licence

    Im not a us citizen iwas arrested in 08 for a dui,fees and classes were completed.then in jan 2012 i got a driving w a suspended licence ticket(even though i never had a DL)..i was placed on summary probation again after completing the 1st....now ...

    John’s Answer

    Technically speaking you are facing time if your probation is violated. Check your probation order as you may have been told to report any law violations to the court, including citations.

    The marijuana charge itself does not carry time, only a fine.

    You should consult an attorney to assist you with all immigration related matters.

    Law Office of John Stanko
    stankolaw.com

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  • Was I wrongful charged for theft/shoplifting when I was stopped exiting the supermarket and arrested

    I exchanged a case of soda for a different flavor I had bought the day before. I had my receipt for the previous day with me. I didn't wait in line, I just left the first case in the store and started to leave with the exchanged case. Security sto...

    John’s Answer

    Did you go to trial or did you plead guilty. If you went to trial and were convicted you have 30 day so to file a notice of appeal and application for counsel if you cannot afford one. However, I tend to agree with Mr. Kaman and think that you are out of luck.

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  • How do I find out what is filed against me?

    charges, cases

    John’s Answer

    Were you arrested or cited? Even if the answer is yes, it is up to the DA to file formal charges. You call the DA or court or look online at the local court site. I would hire an attorney to assist you.

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