Nicholas John Scardigli’s Answers

Nicholas John Scardigli

Stockton Discrimination Lawyer.

Contributor Level 9
  1. If I withdraw my complaint against someone for vandalisim will D,A drop charges

    Answered 11 months ago.

    1. Nicholas John Scardigli
    2. Joseph Briscoe Dane
    3. Lisa Henderson Mattern
    4. Francis John Cowhig
    4 lawyer answers

    Unfortunately, the DA's office can choose to pursue the charge regardless of whether you want the charge prosecuted. However, as a former California criminal prosecutor, I can tell you that I would often consider the victim's wishes when deciding whether to pursue a relatively minor criminal offense.

    7 lawyers agreed with this answer

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  2. 2nd dui jail time same day as court date?

    Answered over 1 year ago.

    1. Nicholas John Scardigli
    2. Andrew Stephen Roberts
    3. Brian Russell Michaels
    4. Jasen Bodie Nielsen
    5. Jacques Tushinsky-Fox
    5 lawyer answers

    Assuming that the assigned court date you're referring to is the initial arraignment and that you were released with a citation and promise to appear following your arrest, it is highly unusual to be taken into custody on that date. In fact, unless charged with a felony DUI or ordered by the court to attend, a defendant may retain an attorney to make the appearance at arraignment in his place. In the event of a guilty or no contest plea to the DUI, the court will typically set a turn-in...

    7 lawyers agreed with this answer

  3. Remittiur Issued what does this mean

    Answered over 1 year ago.

    1. Nicholas John Scardigli
    1 lawyer answer

    Within the context of California appellate practice, a remittitur is a document that the reviewing court sends to the lower court from which the appeal was taken to notify that court that the judgment of the reviewing court is final. The remittitur typically serves two functions: (1) It terminates the jurisdiction of the reviewing court and reattaches the jurisdiction of the trial court. The terms of the remittitur may define and limit the trial court's jurisdiction. (2) If the...

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  4. Can a defendant file a motion to reconsider after they lost their appeal in Small Claims Court?

    Answered 11 months ago.

    1. Nicholas John Scardigli
    2. Nicholas Basil Spirtos
    2 lawyer answers

    The superior court's judgment following a trial de novo on a small claims appeal is final and nonappealable, pursuant to Code of Civil Prodecure section 116.780(a). Consequently, the judgment is not subject to post-judgment attack, such as a motion for new trial, a motion to vacate, or a motion for relief from judgment. However, there is a split in California case law as to whether a petition for rehearing can be granted. In exceptional circumstances that has certain public policy or...

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  5. Small Claims Court does not allow attorneys. But does the Appeal to that court allow attorneys?

    Answered 11 months ago.

    1. Nicholas John Scardigli
    2. Kelvin P. Green
    3. Herb Fox
    4. Carl H Starrett II
    4 lawyer answers

    A bit of clarification regarding the previous answer. While it is true that the court, on a after a trial de novo to the superior court, can award up to $1,000 for reimbursement of attorneys fees (plus up to $1,000 for lost earnings and transportation expenses), the court may only do so if it determines that the appeal was "without substantial merit" AND not in good faith, but was intended to harass or delay. California Code of Civil Procedure section 116.790. Absent such a finding, the...

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  6. Where in Superior Court do I need to go or call and find out that if legal action has been filed against me.??

    Answered 11 months ago.

    1. Nicholas John Scardigli
    2. Michael Charles Doland
    3. Pardis Patrick Ashouri
    3 lawyer answers

    If you know in which Superior Court the case the suit would be filed (for instance, Los Angeles County Superior Court), you could use that court's online case search website, if one exists for that county, to search whether your name is listed as a party in an pending case. If the court doesn't have a online search option, you could contact the court clerk's office and inquiry about any filing against you. If you don't know which court, but know who is bringing the action against you, you...

    4 lawyers agreed with this answer

  7. I was charged for 245a1

    Answered over 1 year ago.

    1. Nicholas John Scardigli
    2. John M. Kaman
    3. Michael Kevin Cernyar
    4. Maltaise E Cini
    5. Tracy Mark Grayson
    5 lawyer answers

    You should contact a criminal defense attorney as soon as possible. Penal Code section 245(a)(1) is a so-called "wobbler," meaning that it can be charged either as a misdemeanor or a felony. Accordingly, you may be entitled to appointed counsel (either the public defender or private counsel in the event that no public defender is available or the public defender has a conflict), if you are determined to be indigent. In any event, it is wise not to discuss your matter with anyone other...

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  8. I currently work at a motel as the onsite manager i get no pay i only get to live in the managers quarters. i that legal?

    Answered about 2 years ago.

    1. Nicholas John Scardigli
    2. Neil Pedersen
    3. Matthew Corin Bradford
    3 lawyer answers

    As referenced in the previous responses, Industrial Welfare Commission Order No. 5-2001 details the maximum amount an employer can credit lodging against the minimum wage. Specifically: $37.63 per week if the room is occupied alone $31.06 per week if the room is shared $451.89 per month for apartment (2/3 of the ordinary rental value, and in no event more than 2/3) $668.46 per month where a couple are both employed by the employer (2/3 of the ordinary rental value, and in no event more...

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  9. Can I avoid being served?

    Answered 11 months ago.

    1. Nicholas John Scardigli
    2. Sagar P. Parikh
    3. Richard Michael Laden
    3 lawyer answers

    It's unclear whether you're asking (1) can you evade service of process or (2) can you stop a process server from serving you at your place of residence. To the extent that you're asking the second question (as it is improper to evade lawful service), the answer is maybe: if you agree to accept service by mail or you arrange to be served elsewhere, assuming that you are able to contact the person who is attempting service upon you.

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  10. Applying for professional license, have a prior misdemeanor, do I need legal counsel?

    Answered over 1 year ago.

    1. Nicholas John Scardigli
    2. Christine C McCall
    3. Nicholas Basil Spirtos
    3 lawyer answers

    According to the Application Instructions for Pharmacy Technician License (which can be found at http://www.pharmacy.ca.gov/forms/tch_app_pkt.pdf), issued by the California State Board of Pharmacy, you would need to disclose your misdemeanor conviction even if it has been expunged. It would certainly be helpful to consult with someone familiar with the licensing process, whether that be an attorney or a professional within the pharmacy industry. A misdemeanor does not automatically...

    3 lawyers agreed with this answer