Jeffrey Dean Schwartz’s Answers

Jeffrey Dean Schwartz

Mckinleyville Criminal Defense Attorney.

Contributor Level 11
  1. Ok what is the statutes of time for the da to file charges against me after entering a plea of not guilty?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Anthony Michael Solis
    3. Dan Eugene Chambers
    4. Jasen Bodie Nielsen
    5. Curtis L. Briggs
    5 lawyer answers

    Once the charges are filed there is no time limit on filing the charges, they are filed. There are speedy trial time limits throughout the proceedings. However, if you waive the speedy trial rights then the case can go on as long as all of the parties agree. This appears to me what is happening to you. The time waiver must be personal, which means you must have stated in open court that you waived your rights to a speedy trial. You can always pull your time waive and get the clock running...

    13 lawyers agreed with this answer

  2. Blood was taken from me without consent and am now being charged with under the influence. Can/should I fight this charge?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Anthony Michael Solis
    3. Jasen Bodie Nielsen
    4. Michael Kevin Cernyar
    4 lawyer answers

    You want to take a look at recent U.S. Supreme Court decision in Missouri v. McNeely (2013) 133 S. Ct. 832. The decision states generally blood draws cannot be taken without consent or a search warrant. There are exceptions mainly related to exigent circumstances requiring the immediate draw of the blood. But it must be a circumstance beyond the general dissipation of blood/alcohol. The Supreme Court said in part, "[a]s such...in those drunk-driving investigations where police officers can...

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  3. I'm 17 years old. I am being charged with 3 felonies. I'm being tried in a juvenile court.

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Anthony Michael Solis
    3. Dan Eugene Chambers
    4. Michael Kevin Cernyar
    5. Maria Cavalluzzi
    6. ···
    6 lawyer answers

    The good news for you is that you are being tried in juvenile court. There are so many factors that go into what will happen to you if a petition is sustained holding you responsible for the conduct of assault with great bodily injury. Juvenile court looks at rehabilitation and will look for a solution to control our actions so in the future you will not do this again. The fact the person did not want to press charges should go in your favor at the time of the probation recommendation. The DA...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How can a DA prove specific intent

    Answered almost 2 years ago.

    1. Nathaniel Hunter Clark
    2. Anthony Michael Solis
    3. Jeffrey Dean Schwartz
    4. Peter Charles Blair
    5. Andrew Michael Limberg
    6. ···
    10 lawyer answers

    Specific intent can still be proved. The law has changed over the years that make alcohol intoxication much harder to use as a defense. However, alcohol intoxication certainly can be a defense on the issue of specific intent. The problem is DA's and many times jurors are not too sympathetic to that defense, which often they see as being brought on by the defendant.

    10 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Michael Moshe Levin
    2. Jeffrey Dean Schwartz
    3. John M. Kaman
    4. James Brian Campbell
    5. Joshua Matthew Dale
    6. ···
    7 lawyer answers

    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...

    9 lawyers agreed with this answer

  6. Can a battery charge be issued for throwing a glass of water on someone?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Anthony Michael Solis
    3. Jasen Bodie Nielsen
    4. Stephen Ross Cohen
    5. Curtis L. Briggs
    5 lawyer answers

    Yes. A battery is any unlawful touching. The touching can be from throwing an object at someone.

    9 lawyers agreed with this answer

  7. Hi was wondering were i can find a probono lawyer for my brother he has been framed?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Michael Kevin Cernyar
    3. Andrew Stephen Roberts
    4. Anthony Michael Solis
    5. Jay Scott Finnecy
    5 lawyer answers

    If your brother cannot afford a lawyer he is entitled to have a public defender to represent him. In effect a public defender is a pro bono lawyer. Depending on the kind of case there are innocence projects around California. You can Google "innocence projects" and come up with one of the organizations. Then there are law school clinics. Most law schools have clinics and take on projects they feel worthy. Contact law schools to find out what can be done. I'd start with the public...

    7 lawyers agreed with this answer

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  8. Is it illegal to have a ski mask and gloves in your glove compartment?

    Answered almost 2 years ago.

    1. Michael Moshe Levin
    2. Jeffrey Dean Schwartz
    3. Joseph Salvatore Farina
    4. Michael Kevin Cernyar
    5. Rixon Charles Rafter III
    6. ···
    6 lawyer answers

    A ski mask and gloves are not illegal. However, they are indicative of certain crimes such as robbery or burglary. If by chance there is a burglary in the area where you happen to be and you get stopped and searched, the police may believe you are a prime suspect. In the summer I suggest you not drive around with those items in the car. There is no reason to put you in that position.

    7 lawyers agreed with this answer

  9. How can a prisoner determine whether DNA evidence in 1989 still exists before seeking Post Conviction DNA retest in CA?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. Anthony Michael Solis
    3. Michael Kevin Cernyar
    4. George Costas Andriotis
    4 lawyer answers

    I suggest that you put together a package of your habeas petition related to DNA and send it to all of the law schools in California. Many law schools have innocence projects or similar clinics that may be interested in your case.

    7 lawyers agreed with this answer

  10. What to do next about disturbance of peace?

    Answered almost 2 years ago.

    1. Jeffrey Dean Schwartz
    2. David Herman Hirsch
    3. Anthony Michael Solis
    4. Michael R Crosner
    4 lawyer answers

    You can seek a restraining order from the civil side of the courthouse. This kind of order will tell the neighbors to tone it down. If they don't they could be held in contempt of court. This works quite well. Keep in mind you'll have to confront the neighbors in court. Many courts will provide a self-help office to assist you in filling out the forms. In CA most of these kinds of actions are filed with forms. Of course you could hire a lawyer as well or seek out a legal aid office that might...

    7 lawyers agreed with this answer