William Conwell’s Answers

William Conwell

Lakeport Criminal Defense Attorney.

Contributor Level 7
  1. DUI jail sentence - can medical condition shorten time served?

    Answered 11 months ago.

    1. Andrew Stephen Roberts
    2. William Conwell
    3. Charles J. Ware
    4. Brian K Wanerman
    5. Sergio Humberto Benavides
    6. ···
    7 lawyer answers

    Andrew Roberts is absolutely correct. You may also want to get a letter from your husband's doctor explaining the nature of the medical emergency and why the court/jail should delay his turn in date. These papers will help you justify an order to put the matter on quickly before your turn in date. Remember a copy of these papers must also be served on the DA. If you have an attorney you should contact your attorney and your attorney would be able to help you draft, file, and serve these...

    5 lawyers agreed with this answer

  2. I am on criminal (misdemeanor) probation. At my last meeting with my PO, he said the next was a home visit

    Answered 12 months ago.

    1. William Conwell
    2. Jay Scott Finnecy
    3. David Philip Shapiro
    4. Jennifer J Wirsching
    4 lawyer answers

    I think the other attorneys are correct that you are properly documenting your efforts to timely see your probation officer. It would seem from what you describe, the probation officer may want to do a surprise visit at your home to verify that you are in compliance with the terms of your probation, e.g. obeying all laws. If there are search terms to your probation, I would suspect he might even search as well to ensure you are in compliance with the terms of your probation. I hope that is...

    2 lawyers agreed with this answer

  3. Rising Alcohol Defense in California - When does it work?

    Answered over 2 years ago.

    1. David Jon Pullman
    2. Eric Paul Ganci
    3. William Conwell
    3 lawyer answers

    I agree with the other attorneys. Additionally, one other factor that affects a rising blood alcohol is the amount of food you have eaten. Other factors may affect absorption as well or even affect the breath test results (so examine all options). Basically food in the stomach will slow down the absorption of alcohol. So the more food that is in your stomach will mean that your body will take longer to absorb alcohol. This absorption phase makes up part of the time period when your blood...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Parole violation

    Answered almost 5 years ago.

    1. William Conwell
    1 lawyer answer

    Yes, he could be bailed out after he finished his parole and he would be given a new court date to appear. While in prison (or while serving a jail term of longer than 90 days), a defendant has the right to serve a Penal Code section 1381 demand on the District Attorney's office in the county that charged him. This demand requires the county which has a warrant for his arrest to pick him up at prison within 90 days or dismiss the charges. Whether or not he will need to do additional time...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. After an 11year absence from LV,NEV I got a DUI. I live in CA. I asked the Judge if I could plead my case by correspondence.

    Answered almost 5 years ago.

    1. John M. Kaman
    2. William Conwell
    3. Robert Laurens Driessen
    4. George Fredrick Mueller
    4 lawyer answers

    I would suggest calling the California Department of Motor Vehicle's Mandatory Action Unit and ask them what you need to do in order to re-new your driver's license. Their telephone number is (916) 657-6525. Be prepared to give them all of your identifying information. Otherwise, you may wish to contact a DUI attorney and provide them with more detailed information so that they could give you individualized information.

    1 lawyer agreed with this answer

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  6. Can I appeal an offer given by the DA for a criminal case? I was given an offer of 180 days which is unfair and unjust. a

    Answered almost 2 years ago.

    1. Richard Franklin Taub
    2. Dan Eugene Chambers
    3. Curtis Lamar Harrington Jr
    4. Joseph Salvatore Farina
    5. William Conwell
    5 lawyer answers

    First, this is a felony offense so as a practical matter, I believe a lawyer is required. The simple answer is one cannot appeal an offer made by the DA. However, if a lawyer represents you then the lawyer can use his/her skills in weighing the facts of your case versus the charges against you. In essence, if this is a weak case, e.g. there is not much evidence of sales or the search was questionable or you have a medical marijuana recommendation and that may negate or mitigate the evidence...

    1 lawyer agreed with this answer

  7. Will my husband get out with parole or be sentenced to 10 years

    Answered over 3 years ago.

    1. Andrew Stephen Roberts
    2. Elliot Rahmim Zarabi
    3. William Conwell
    3 lawyer answers

    First: Any time someone is charged with a felony, that person needs a criminal defense attorney's representation. In California burglary can be either first degree burglary (residential) or second degree burglary (commercial). First degree burglary is a strike and he faces up to 6 years in prison on that charge alone - the punishment is increased if another person was present in the residence during the crime. Your husband faces a serious threat of prison time on this charge. Second degree...

    1 lawyer agreed with this answer

  8. What is it that you can do if you are in prop36 and are on your second violation?

    Answered over 3 years ago.

    1. William Conwell
    2. Harry Edward Hudson Jr
    2 lawyer answers

    Your boyfriend definitely needs a lawyer. I would suggest he find a local non-residential program that would allow him to do a more intensive program, e.g. daily meetings and random drug testing. They might make an exception if he offers community service for the program or if his program adviser is sympathetic. Furthermore, he needs to document the efforts that he performs for his father by getting a recommendation from his father's doctor and health care workers. What the court will want...

    1 lawyer agreed with this answer

  9. Is being just over the legal limit for a dwi horrible, i understand its illegal but does this help even a little bit?

    Answered over 4 years ago.

    1. William Conwell
    2. Karina Jacobo
    3. Denis Hurley White Jr
    4. Matthew Thomas Martin
    4 lawyer answers

    The primary significance of being "just over the legal limit" is that the methods used to measure the blood alchol content all have a margin of error. This margin of error provides a basis for a qualified attorney to attack the results because they do not prove beyond a reasonable doubt that the person is driving while above the legal limit, typically .08% (less if driving a commercial vehicle). Other factors, such as driving pattern, drinking pattern, maintenance records of the chemical...

    1 lawyer agreed with this answer

  10. How long does the state of CA have to take you to court after a DUI arrest?

    Answered over 4 years ago.

    1. William Conwell
    2. John Joseph VanDervoort
    3. Hussein Ali Chahine
    3 lawyer answers

    A DUI causing injury offense may be charged as either a felony or a misdemeanor. Therefore, the time limit for the state to commence criminal action, aka, the statute of limitation period is three years. (See Penal Code section 801 and 805). Seperate from the statute of limitations is the right to a speedy trial. If there is substantial delay in filing the complaint or serving the complaint, the defendant might be prejudiced due to the destruction of evidence during the period of delay....

    1 lawyer agreed with this answer

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