Riccardo Lorenzo Ippolito’s Answers

Riccardo Lorenzo Ippolito

San Jose Criminal Defense Attorney.

Contributor Level 9
  1. District Attorney filed charges for battery after case was discharged for no-complaint. What to do?

    Answered about 2 years ago.

    1. Riccardo Lorenzo Ippolito
    2. John Noah Kitta
    3. Joseph Briscoe Dane
    3 lawyer answers

    We handle many of theses cases. At the very least, you should consult an attorney before your court date. Many times your attorney can contact the district attorney's office and talk to the filing attorney and get more information for you and find out why they even filed. Also, the sooner you act, the quicker your attorney can get an investigator working on the case to interview potential witnesses.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I was caught with petty theft at kohls and i have court in january. i am scared. I have never been introuble with the law.

    Answered almost 2 years ago.

    1. Jared Christian Winter
    2. John M. Kaman
    3. Harry Edward Hudson Jr
    4. Riccardo Lorenzo Ippolito
    4 lawyer answers

    If this is in Santa Clara County, there is a new diversion program available. If you qualify, you will be able to pay restitution, take a theft awareness class, and have the matter dismissed. You will need to contact an attorney in your area to find out if you are eligible for this program.

    5 lawyers agreed with this answer

  3. Can you remove your speedy trial waiver (California, not sure if that matters or not)?

    Answered over 1 year ago.

    1. Andrew Michael Limberg
    2. Riccardo Lorenzo Ippolito
    3. William Mathew Concidine
    4. David Philip Shapiro
    4 lawyer answers

    In California, you have a right to a jury trial within sixty days of being arraigned on the information filed. Once you enter your time waiver and agree that your case can be tried after the sixty days, you can withdraw your waiver at a later date. Once this happens, the District Attorney's office has sixty days to bring your case to trial. In order to go about this, the defendant's attorney would need to decide if it is in his/her clients best interest to do so.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. When A District Attorney charges someone, Case has to be strong?

    Answered over 1 year ago.

    1. Nicholas Milan Loncar
    2. Seth Andrew Weinstein
    3. Majid Seyfi
    4. Gayle Anne-Marie Gutekunst
    5. Joseph Salvatore Farina
    6. ···
    6 lawyer answers

    Ethically, a deputy district attorney is only allowed to file charges that they believe they can prove beyond a reasonable doubt. If they feel they cannot meet this burden, they are ethically prohibited from filing said charges. However, many times the district attorney has only one side of the story to base this on. It is important to get a good criminal defense attorney at the time the District Attorney is reviewing the matter. In this way, the other side can be presented and sometimes...

    4 lawyers agreed with this answer

  5. Is there such a thing as a misdemeanor in 2 accounts?

    Answered over 3 years ago.

    1. Riccardo Lorenzo Ippolito
    2. Harry Edward Hudson Jr
    3. Joseph Briscoe Dane
    3 lawyer answers

    This forum does not let me answer all of your questions in the space provided. Since your offenses happened in Sunnyvale, you will have court in Palo Alto. The District Attorney's office will treat this as two different offenses. The court would take into consideration what was taken as a mitigating factor. For example, taking food is better than taking a pair of Gucci sunglasses. Also, any prior history will be taken into account. You should consult an attorney in person to get a full...

    Selected as best answer

  6. Can you be charged with a crime if the only witness had been drinking?

    Answered over 3 years ago.

    1. Riccardo Lorenzo Ippolito
    2. John Winston Phillips
    3. Joseph Briscoe Dane
    4. Ronald S. Pichlik
    4 lawyer answers

    Yes. You are leaving out many factors in assessing the credibility of the witness who is making the statement. The District Attorney normally takes in all of the factors involved in the case, then makes a decision to file based upon the totality of the circumstances, not just one fact. If the drinking witness's story is corroborated by other evidence, then that might warrant the District Attorney enough evidence to decide to file the case.

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  7. Am I eligible for complete expungement?

    Answered over 1 year ago.

    1. Michael R Crosner
    2. Riccardo Lorenzo Ippolito
    3. Gayle Anne-Marie Gutekunst
    4. Brian K Wanerman
    4 lawyer answers

    You have a few options available to you. Since you pleaded to a 11377 and a 496, you would be eligible to have your felonies reduced to misdemeanors. In addition, you can apply for a record clearance under Penal Code Section 1203.4. This would not erase your record, but if granted, it would show your case had been dismissed. The court would look at whether your completed probation successfully, paid all of your fines and fees, whether you picked up any new cases, etc. You should contact a...

    3 lawyers agreed with this answer

  8. Can a third time offense dui have a plea bargain with house arrest?

    Answered over 2 years ago.

    1. Paul Richard Burglin
    2. Elliot Rahmim Zarabi
    3. Michael Rutledge Norton
    4. Chris J Feasel
    5. Riccardo Lorenzo Ippolito
    5 lawyer answers

    The mandatory minimum for a third offense DUI is 120 days. House arrest if very unlikely but each case is different. There is now a SCRAM devise that measure any alcohol in the system, so this is used as another tool when asking for house arrest. Usually you need some medical condition or some extenuating circumstance to get this but, some counties offer this routinely, other, like Santa Clara, are much more difficult.

    3 lawyers agreed with this answer

  9. Assault with a deadly weapons W/O injuries, using a car??

    Answered almost 3 years ago.

    1. Joseph Briscoe Dane
    2. Mehrdad Ghassemkhani
    3. Riccardo Lorenzo Ippolito
    4. Rostyslav Saciuk
    4 lawyer answers

    From your question, there is no way that anyone could answer whether the case could be reduced or dismissed. If this was in a parking lot, then there might be a video or witnesses to describe the conduct exhibited by your brother and the victim. Of course being insulted by someone is not a defense to assault but there might be enough mitigating circumstances obtained by a thorough investigation that may help your brother. Act quickly because if there is a video, it might be taped over with...

    3 lawyers agreed with this answer

  10. Is .2 considered high bac or .15 when court orders longer DUI school?

    Answered almost 3 years ago.

    1. Joseph Briscoe Dane
    2. Riccardo Lorenzo Ippolito
    3. Paul Richard Burglin
    4. Philip Daniel Hache
    5. Kevin Samuel Sullivan
    5 lawyer answers

    You will be eligible for the three month program. But, I have seen Judges impose the nine month class on BACs that are close or if there is an accident. It is discretionary for the court to do this so make sure your attorney knows which Judge you will be in front of so you will know what to expect.

    3 lawyers agreed with this answer