Skip to main content
Riccardo Lorenzo Ippolito

Riccardo Ippolito’s Answers

53 total


  • I rear-ended a car, I am not legal, no DL, and I have to appear in court. What I should do?

    The police took me a picture and my fingerprints

    Riccardo’s Answer

    My suggestion would be to hire a criminal defense lawyer. On a misdemeanor case, that attorney may appear for you so you do not have to go to court. I doubt that immigration would be there to take you in but you may have other issues that would better serve you to have an attorney go in your stead and take care of your case.

    See question 
  • Diversion programs for DV cases in San Jose

    In San Jose are there any programs where DA will sometimes agree to a lesser charge than domestic battery and leave the case open for 2-3 months where the person goes to classes and cases is dismissed? I am not talking about 52 week classes. Some ...

    Riccardo’s Answer

    Our firm practices in San Jose so we have a lot of experience in these matters. The answer really depends upon the type of case and defense. For example, one of my current cases needs to complete an anger management class. When we show up in court to show proof in four months, the entire case will be dismissed. Sometimes the case will be reduced to Disturbing the Peace, with no probation, others have different results. There is no one clear answer. It is best to consult an attorney who practices in San Jose to get a better understanding of your particular case.

    See question 
  • What will happen if domestic abuse charges have been filed against you and you are put in jail?

    My sister just got picked up by the cops today because her ex girlfriend pressed charges against her for domestic abuse. Her girlfriend was choking her and to get her off my sister bit her, my father had to break the door in to get her off my sis...

    Riccardo’s Answer

    In California, being charged with a domestic violence case is extremely serious. At the minimum, if convicted, you will have to complete one year of domestic violence classes, jail time and numerous fines. Your family needs to hire a good criminal defense lawyer in order to help defend her against these charges. An investigator needs to interview any potential witnesses, such as your father, in order to help bolster her case. Many times in cases such as you are describing, an attorney armed with additional exculpatory evidence, can convince the District Attorney not to even file the case. You need to act quickly so your attorney can get to work and defend your sister.

    See question 
  • Am I eligible for complete expungement?

    I was arrested when I was 19 in Placer County because I had a drug problem . Long story short, I pleaded no contest to felony drug possession and receiving stolen property. My crappy public defender told me one could be expunged/lowered and one wo...

    Riccardo’s Answer

    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 local attorney and find out the costs associated with this process. Good Luck.

    See question 
  • Can you remove your speedy trial waiver (California, not sure if that matters or not)?

    The defendant waived his right to a speedy trial, and now would like to remove that waiver. Is that possible? This is a felony case. And if so, how could he go about doing so. Thank you

    Riccardo’s Answer

    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.

    See question 
  • How can you find out if your petition to seal & destroy arrest record PC 851.8 has been approved or denied .

    Is there a way to check if my PC 851.8 has been approved or denied. I received a call from an officer who was asking me some information because wrap sheet from city police dept was totally gone. I filed for a PC 8515.8 a few months earlier at t...

    Riccardo’s Answer

    The normal procedure in filing these motions is the first step, which you took, in filing out the 851.8 form and submitting it to the police agency. They have up to sixty days to respond. If they do not respond in that time period, you can file a formal motion in court, asking the court to grant your request. To find the latest information regarding your submission, you should call the police agency you submitted your request to and ask for an update. Good Luck.

    See question 
  • I got a domestic violence case and i bailout due to.not.losing my job spend 4 days in jail included the weekend

    I thru my self phone at her she gave a statement to the police her restraing order came off were back together but im stressed out due to this case she wants to come to.court with me and press no chargers or likely drop the charges wats the best w...

    Riccardo’s Answer

    Domestic violence cases are extremely serious in the State of California. At a minimum, a conviction requires one year of domestic violence classes. In most cases, the complaining witness will recant their statement or will press to drop the charges. The District Attorney's office usually informs them that they do not have any say in the prosecution of these cases and that they do not have power to "drop the charges". You need an able criminal defense attorney who can talk to the D.A. on your behalf, get your girlfriend interviewed by an investigator and any other witnesses you may have. Do not think that just because your girlfriend is going to show up in court and and ask for the case to be dropped, that this will happen. Hire an Attorney!

    See question 
  • In California, if I reduce formal probation to summary probation, will my fines decrease along with the reduction?

    Formal probation is very expensive, it's about 89 a month. I owe a total of 4,000 in court fees, most of that is because the court has already added 89 dollars for 36 months (I was sentenced to 3 years formal probation) in the fee list. However, i...

    Riccardo’s Answer

    This depends on your county. In Santa Clara County, they charge probation fees up front . If you were to reduce your formal probation to court probation, they would refund the amount of money paid towards probation fees not earned. So, if you owed 3,000 for three years of formal probation and paid this up front and after one year had your case reduced to informal probation, you would be refunded 2,000 since there would not be any supervisory fees. It sounds like this is also the case in your county. You should visit the Department of Revenue in your county to verify this.

    See question 
  • Would like to reduce or expunge a Domestic Violence charge that is on my husbands record and is about 10 years old?

    We are now 45, have been together since we were 14, married at 27 ...

    Riccardo’s Answer

    If your husband completed probation successfully, as a matter of law, he is entitled to a record clearance under Penal Code Section 1203.4. If your husband pleaded to a felony domestic violence charge, he can also apply for the court to reduce this to a misdemeanor under Penal Code Section 17, can also ask for a record clearance. This is not automatic, but rather discretionary so be prepared to have plenty of character letters to support this motion. It is best to contact a criminal defense attorney in your area to help you with this matter.

    See question 
  • When A District Attorney charges someone, Case has to be strong?

    I am told that when a DA charges someone with something, that means there is a good chance of winning. Is that true?

    Riccardo’s Answer

    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 your attorney can influence the non-filing of a case or a reduced charge.

    See question