Andrew Lee Westover's Answers

Higher court vs. Lower court??

California has done away with the "higher court" "lower court" classifications. We used to have a municipal court (i.e. "Lower") and the Superior court (i.e."Higher"). Several years ago, all courts were consolidated into "Superior Courts." Your husband had a preliminary hearing and it appears, from your answer, that probable cause was found to hold him over for trial. Once the preliminary hearing occurs, most cases are then transferred to a different court for trial setting. This may be...

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What is the federal law against opening mail that isn't addressed to you? And how can I approach the situation if I am a victim?

Yes. It is against the law to tamper with the mail. Your best bet is to report it to the office of your local (at your mom's house) postal inspector. This will take care of the criminal side. If you have suffered financial losses because this mail is being hidden from you, then you need to speak with a local attorney that can help you recover your costs. The simpler solution might be to file a temporary change of address with the Post office. They will automatically forward...

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Is a Family Law judgement dated from 2005 as status only all issues reserved my divorce paperwork?

Normally a "Status Only" judgment only finalizes the dissolution of marriage and makes you both "Single" It terminates the marriage but does not finalize all the other issues. There may still be unresolved issues related to community property, debt allocation, child custody, support, etc. that have yet to be resolved. You are "Divorced" if you have a status only judgment but your case is not yet over. You will want to consult with an experienced family law attorney in the area to...

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How long does the Federal Govt. have to collect fines & restitution after sentencing and release from prison?

Your Federal Restitution that remains unpaid is now dealt with as if it were a civil judgment against you. The normal legal methods of recovering on a civil judgment can now be used against you. See 18 U.S.C. 3613 for more information

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I believe that my husband was involved w/ BCCI-indicted on Federal 110's cnts convicted of some- how do I find this case

If you need information on a past Federal case, the best place to go is PACER. You will need to set up an account but it is open to the public. You can find the website to set up your PACER account at the federal court website. http://www.uscourts.gov/courtlinks and find the court that you think the case was heard in. I hope that helps.

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My son's father took my son out of state and is telling me my son can never come back home.please help!

More important than anything else, is to hire an attorney to represent you. Allegations of child abuse are very serious. When one party is making unfounded allegations, it is very important to be represented. You both will need to follow whatever the current custody order says. If your ex is not following the custody order, then you definitely need to bring this to the attention of the court. There are ways to force him to return your son or to hold him in contempt for failure to...

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Arrested for but not guilty of domestic violence and the District Attorney rej'd case. How do I get arrested removed from record

Regarding the arrest, you need to make a demand that the record be sealed under Penal Code 851.8. There is a procedure listed in the code on how you do this. If they do not seal the records, then you will be filing a motion with the criminal court to have you declared "factually innocent". There is a high burden of proof to show that you were ACTUALLY innocent, but if you meet that burden then the records will be sealed. You will need to contact an experienced criminal defense...

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Property rights in a divorce

It is difficult to answer your question with certainty as there are several factors that can affect the characterization of property. However, there are general principles that guide us on issues such as yours. Generally, your inheritance is your separate property. If you used your inheritance to purchase a rental property, then the rental property is yours (-minus any mortgage). If the community paid any mortgage payments for your rental property before the refinance, then you might owe...

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My daughters mother has custody of her but does not live with her.

This is definitely the type of case where you will need to speak with an attorney. Child custody is always determined by the standard of the best interests of the child. You raise important questions and important concerns. if mom has been neglecting the care of your daughter, and you have had her extra time, that possibly is a good enough reason to seek a modification of custody. Of course, it is difficult to say based on the limited facts presented here.

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Can a Demurrer be filed in a case for not paying Child support? What does this mean?

A demurrer is basically a "so what" motion. It is a motion stating that even if all the facts alleged in the complaint are true, the person does not have any legal grounds to obtain relief. As far as a demurrer for nonpayment of child support, it is not very likely (or at least not common). The person filing a motion for non payment of child support may have done a poor job in drafting the complaint (i.e. the OSC) and therefore a demurrer might be proper. However, child support is one...

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