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Charles David Eyster's Answers
- 7 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Prop 36 and non violent drug offenses
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, aka Prop 36, was an initiative that changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration at the outset. As a condition of probation and to stay out of jail, defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete...
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3
Attorney answers:
459-460(a) PC F Burglary; first degree 10851(a) VC F Unlawful taking of vehicle How much time can be given for these?
The punishment in California for a burglary in the first degree is found in Penal Code section 461(a). That section states, "Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years." Of course, if probation is granted by the court, the punishment as a term of probation can be up to 365 days in the county jail. In California a first offense unlawful taking of a vehicle, a violation of Vehicle Code section 10851(a),...
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2
Attorney answers:
Can a conviction 11550 (and serving jail time to terminate probation) be expunged?
The applicable subsequent dismissal (expungement) statute in California for individuals who were placed on probation after suffering a conviction is Penal Code section 1203.4. See < http://law.onecle.com/california/penal/1203.4.html >. While it is possible for a petition for dismissal (brought pursuant to section 1203.4) to be prosecuted by a defendant without the help of an attorney, it has been my observation and experience that the cost of hiring an attorney experienced in expungement/...
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2
Attorney answers:
Misdemeanor Sentencing...continue
While the California Penal Code allows defendants to appear through counsel (instead of being personally present) under certain circumstances, the prosecutor is not prohibited from making a request that the a defendant be ordered to be personally present in court for the next court appearance. The court can even make such an order without even being asked. Despite the fact that a personal appearance may not mandated by statute, a California judge is vested with broad discretion to order a...
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3
Attorney answers:
Taking a Plea
A good attorney in California representing a client in plea and sentence bargaining will normally seek the concurrence of the court with the plea and/or sentence bargain ahead of time. This gives the defense attorney and his/her client the comfort of knowing what to expect down the pike. Some courts will gladly pre-approve a plea and/or sentence bargain, as this helps to keep the flow of cases moving efficiently through the system. Other courts will not give advance approval. Every aspect...
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3
Attorney answers:
CA criminal procedure, sexual assault investigation
As a general observation ... it is not wise -- nor suggested -- to interact with the police without first consulting with legal counsel. What you may think is an innocent statement may be interpreted differently by law enforcement and cause irreversible damage costing you your reputation and/or liberty. While your statements already given fall into the category of water under the bridge at this point, I would suggest that you not have any more contact with the police and not discuss the...
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1
Attorney answers:
GunGun Ownership
Knowing the code section for what you were convicted of in 1967 or 1968 would be helpful information. Also knowing for sure that your motion brought and granted in approximately 1985 was a section 17(b)(3) motion would also be helpful information. Without that information, let's talk in generalities. As you know, if you have been convicted of a felony, your are not allowed to own or posses a firearm and/or ammunition. And if you do, you could be charged with another felony. However,...
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