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Jeffrey Dean Schwartz

Jeffrey Schwartz’s Answers

107 total


  • What would be the most likely outcome of a vandalism charge for breaking a window?

    That is, punching a fist through the window.

    Jeffrey’s Answer

    The punishment for vandalism and the severity of the charge depends on the price of the window. Generally the less it is worth the less the crime is punished. If it is not a valuable window then it would be a misdemeanor. Probably a fist through a window, through any window that is not particularly special, would be charged as a misdemeanor. Depending on the reason for the fist through the window there most likely would be fines, maybe an anger management course and summary probation with terms to stay out of trouble for a few years. There could be some jail time or alternative jail time such as Caltrans or community service type work.

    But each court and judge is different as well as each defendant. If a judge is stern and the defendant has a record or an attitude a person could get county jail time up to 6 months or in some cases up to a year.

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  • My son was a witness in the double homicide Case in 2008 he was only 13.

    I didn't find out that his name was published in the media until early July 2013... I'm having trouble finding an attorney even know the statue of limitations Is two years I was told I can still pursue an attorney I'm having trouble finding one in...

    Jeffrey’s Answer

    It is unclear why you are seeking an attorney. I assume it is to sue the newspaper for publishing your son's name in the paper? If so you need to find a civil lawyer for this purpose. It is a tough case to win.

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  • How long does the process take to get off probation in Torrance CA?

    On the 11th of July, the judge said that I will be off probation on the 28th. How long does this take? The P.O. is calling me to give him paper work on where I live (which he already has) he should know that my probation was terminated on the 28th...

    Jeffrey’s Answer

    If you are done with probation on the 28th you are done. The only issue is whether the PO knows about it. Get the court minutes and send them to your former PO to avoid the PO filing a petition to revoke your probation. While you would prevail on the petition, it does you no good to get arrested spend a day or two in jail before you can tell the judge that the PO got it wrong.

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  • Can I request to see another judge for a walk in hearing?

    The past 2 times I've gone to the clerks office to be seen as a walk in (for probation modification) they've sent me to the same judge (a real hardass) can I say I'd like to go to a different department for a different judge or will the request fa...

    Jeffrey’s Answer

    Generally for no reason a party to an action can challenge a judge removing him from a case. Look at California Code of Civil Procedure section 170.6. It applies to criminal cases too. However, if the judge has already heard a contested issue of fact or law, a party would lose that right to challenge the judge for no particular reason. You can always challenge a judge for a reason such prejudice, bias or some other ground that may show the judge is not impartial. It is a tough standard to meet.
    If the judge is not a judge but a commissioner you may have a right to have a real judge hear your case. Parties must agree to have their cases heard by commissioners.

    Commissioners act as judges but they are not judges. If the tough judge is a commissioner then don't stipulate to having him hear the case

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  • I was sentenced to 30 days in jail for not paying a fine ...

    after doing my time ....my fine was not removed and the amount is higher....what can I do?

    Jeffrey’s Answer

    You need to talk to your lawyer if you have one. If you have no lawyer call the clerk's office to find out about the outstanding fine. You may have done the 30 days as a probation violation for failing to pay the fine. That would be separate from your obligation to pay the fine. You need to look into this or you'll be in the same position next time you do not pay the fine.

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  • Do you have to be booked after being arrested?

    2 -19 probation search found drugs, cops arrested me at my home but after talking to me and homeowner, believed was someone elses. cops said they were not gonna take me in, I was to tell PO and let him decide if he wanted to violate me. PO did not...

    Jeffrey’s Answer

    No you do not have to be booked after an arrest. The police can let you go pending a decision by the prosecuting agency or they can cite you and release you just like a traffic ticket. The good news is you have the probation officer on your side.

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  • Do I plea guilty during arraignment? Will I be convicted misdemeanor or felony? Will I be sent back to jail ? Dv classes?

    Got arrested for dv, my live in partner slammed me to the ground and i punched him but he turned his back. I stayed in jail for 5 hours that day and paid bail bonds to bail out. This is my first offense, my record is good, don't even have a traffi...

    Jeffrey’s Answer

    You don't want to make any guilty plea or anything else on a DV case without first consulting with a lawyer. If you cannot afford a lawyer the court will appoint a public defender to help you out. You never want to plead guilty on your own at an arraignment without first consulting with legal counsel. A If you bailed out or were released on your own recognizance and show up to court you will not go back to jail. If you violate any restraining orders or contact the partner against an order then you could go back to jail.

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  • The police raided my friends house because of her roommate. They took some of her items

    Like video cameras. They didnt tell her they were taking them. Can she get them back?

    Jeffrey’s Answer

    In all likelihood your friend can get them back. at first the police will want them as potential evidence. Once they see there is no evidentiary value or have removed anything they might need they will give them back. Particularly if your friend was not the subject of the search warrant.
    Being a roommate at the house I would want to be careful that the police don't try to implement your friend in the event something was found in a common area where your friend has control over whatever they found.
    A consult with a lawyer would be a good and cautious thing for your friend to do.

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  • Will I answer to guilty when asked during my dv arraignment?

    I'm going to court in aug 7. Will the lawyer ask me what I plea? Guilty or not guilty? What's the best way to go so I can get the minimum sentence.

    Jeffrey’s Answer

    At the arraignment the judge will not let you plea unless you have a lawyer. If you can't afford one then one will be appointed to you at no cost. If you insist on going it alone without a lawyer the judge will ask you questions about your ability to represent yourself. If the judge is satisfied you then can represent yourself.
    At the arraignment, unless an agreement has already been reached between your lawyer and the DA, you will plead not guilty. Other hearings will be set after that in an effort to resolve the case. At some point if the evidence calls for it and you agree you may end up pleading guilty or no contest to the charged offense of mitigated offense.
    Pleading not guilty at the arraignment even if you feel you may be guilty is never a good idea if you don't have a prearranged resolution of the case. No one will hold it against you if you plead not guilty and then later change your plea.

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