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Joshua Gramling Stein's Answers
- 137 Legal Answers
- 0 Legal Guides
2
Attorney answers:
How to reduce a fishing violation misdemeanor to infraction?
A criminal defense attorney can approach the DA about a plea bargain in the case down to an infraction. Whether that is possible and what the penalty would be depends on the specific facts of the case. If you cannot afford an attorney, ask the court to appoint you one - in San Mateo county, there is no full-time public defender, instead the court will appoint you counsel from a panel of appointed attorneys. If you can afford your own attorney, you should interview one with experience in...
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3
Attorney answers:
Can a strike be expunged/reversed?
Depending on the particulars of the conviction, including the timing, you can seek to overturn the conviction alleging ineffective assistance of counsel or coercion in a habeas petition, first in state and if unsuccessful then in federal court. Also, a trial judge in California state court has the power to not treat the prior conviction as a strike for sentencing purposes - you ask the judge to do this in a motion (nicknamed a Romero motion). You should consult with an experienced criminal...
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2
Attorney answers:
How long does the D.A. have to file on a felony gun case in CA
Depending on the circumstances of the case, the DA or local law enforcement agency can also refer a felon-in-possession of a firearm case to the United States Attorney's Office. The federal statute of limitations is 5 years and the penalties, depending on the circumstances, are roughly analogous under state and federal law, or the federal penalties can be much greater under certain facts.
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3
Attorney answers:
What is the time frame for someone to press charges against me?
It depends on the nature of the assault. Was a weapon used? What were the injuries to the victim? The crime charged may not necessarily have the label "assault". The length of time before the statute of limitations bars prosecution depends on how the assault is charged. If the assault is a misdemeanor, the statute of limitations is one year from the incident. If the assault is a felony punishable by 7 years or less, then the deadline to file charges is 3 years. If the assault is...
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2
Attorney answers:
What elements of 459pc does the da have to prove to get a conviction?
You can find the elements to all of the charged crimes at the link below, which goes to the California criminal jury instructions. This young man needs to hire an experienced criminal defense attorney right away.
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1
Attorney answers:
17 Teen under investigation of having a video sent to him from an old girlfriend- sexting? Summit High School -Hesperia CA
Desperate Mom! - You need to consult with an experienced criminal defense attorney right away - most offer free or low-cost initial consultations. Based on the facts above, there may be legal avenues to suppress some of this evidence in a criminal case. Meanwhile, do not post any more details of the offense in a public place (like this one) - law enforcement knows how to use the internet and every day they make a lot of cases based on admissions posted to internet sites. Give me a...
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2
Attorney answers:
If i am charged with one count and only indicted on one count.if i go totrial can they comeafter me for the lesser charge
There is no lesser included offense to conspiracy. You should consult an experienced federal criminal defense lawyer.
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2
Attorney answers:
I got caught shoplifting a $20 item. The employee called the cops and he came up checked my record and saw it was clear.
If you were not arrested and not issued a citation, then you are not being charged criminally - there is nothing to go on your record at this point. The DA's office has up to a year to file charges but it is extremely unlikely for them to do so if no arrest or citation happened at the scene. You can request a copy of your criminal record to confirm that it is clean - I've put a link below that gives instructions on how to do so. You will likely receive a civil demand letter. By California...
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4
Attorney answers:
Lies on DUI Incident Report
It is possible to win your case without a lawyer, but it is very very difficult - when you're sick, you should go to a doctor and when you're in legal trouble, you should go to an attorney. Most attorneys offer free or low cost initial consultations. Take advantage of this to get a better understanding of your case and to figure out if it makes sense to hire an attorney.
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3
Attorney answers:
Is a Legal Resident more likely to get deported if he was convicted of Robbery but only sentenced to 9 months in a county jail?
Look for an immigration attorney who specializes in the effect of criminal proceedings - it's a complex area of immigration law that is constantly changing. I'd highly recommend Christine Troy, I've put a link to her website below. Good luck to you.
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