Roland Xavier Tiemann’s Answers

Roland Xavier Tiemann

Folsom DUI / DWI Attorney.

Contributor Level 14
  1. What happens when i'm required to attend a traffic hearing?

    Answered over 5 years ago.

    1. Roland Xavier Tiemann
    2. John M. Kaman
    2 lawyer answers

    What should happen is the judge will say you are charged with 12500(a) and 23123(a) and that the fine for both is a certain amount of money. You pay the money and you are on your way. Since the 12500 is correctable, you will usually be given the option to get your license come back to court to show the judge you got your license. If you do this, the 12500 could be dismissed or reduced and the fine could be lowered. If you have priors, is you may have some problems. If you have immigration...

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  2. Can I recall a confession at trial?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Andrew Ging Liu
    3. David Philip Shapiro
    3 lawyer answers

    Your problem is that you could be charged with perjury or giving a false statement under oath. If you change your story in court the DA will impeach you with your original statement. The DA will argue to the jury that your original statement was true and that you only changed your testimony to help you friend. Most of the damage has been done based on the original statement. You need to consult with an attorney because if your original statement was factually not true, you could plead...

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  3. Parole violation warrant issued by California and arrested in Texas.

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. John M. Kaman
    2 lawyer answers

    It depends if they fight extradition or not. If they fight it could take some to get back. If they don't fight than they would wait for CA to pick them up. If CA doesn't come, then TX can release person on bond. The steps to extradition are as follows. 1. The wanted fugitive is arrested based on the demanding state’s warrant. 2. The demanding state files a “fugitive complaint” against the accused. 3. If charged, the suspect may be held in court custody in the “...

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  4. I got a dui in 2004. i did go to court but have not paid the fine or gone to classes. is there a statue of limitation on a dui?

    Answered about 5 years ago.

    1. Roland Xavier Tiemann
    2. George Fredrick Mueller
    3. Michael Rutledge Norton
    4. Aaron Todd Hicks
    4 lawyer answers

    you will more than likely not be able to get your license back until your clear your warrants, pay your fine, and take your class. The good news is once you get reinstated you can get your DL back. The statute of limitations really does'nt apply because you already pled and this is part of your probation term. Your probation period is tolled if you have a warrant on the case. You may want to get an attorney to get everything in order for you.

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  5. 1st Dui infraction @19 , 2nd DUI at 23, Restricted License possible for school?

    Answered over 5 years ago.

    1. Roland Xavier Tiemann
    2. Michael Mott Brewer
    3 lawyer answers

    After reviewing the question again I must make a correction. You are not illegible for a critical need to drive license or restricted license because you are over 21 years old now. I assumed you were still under 21. Ignore my above answer. However, depending if the DMV applies the new law retroactively. You may be eligible due to a change in the law which takes effect in July of 2010. Earlier Restricted Licenses for Repeat DUI Offenders - 2010 The new law offers shortened...

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  6. 3rd DUI mandatory jail time

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Lauren Johnson
    3. Robert Laurens Driessen
    4. Chad Raymond Maddox
    4 lawyer answers

    It sounds like you went through a dui court program. Did you agree to do the fourth months as part of your plea agreement. If so, you may try to ask the court to modify your sentence. But it is unlikely since it is a mandatory sentence. The benefit to you is that the allow you to do the time with house arrest instead of in jail. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal...

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  7. My juvenile public defender isn't defending me properly and the case is over 1yr old how do a get a new attorney& motion4 dismal

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Nafiseh Nina Trehzure Hodjat
    2 lawyer answers

    It sounds like what you want to do is seal your juvenile record. See the directions below. Juvenile Records Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the...

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  8. Can you notify the California Court that a minor is signing proofs of service for attorney?

    Answered over 4 years ago.

    1. Rebekah Ryan Main
    2. Roland Xavier Tiemann
    2 lawyer answers

    You can notify the court in a specific action. You can notify the attorney that his letter head is being used without his permission. What the minor is doing is potentially against the law because most POS's are signed under penalty of perjury. Civil Code SECTION 414.10 states: 414.10. A summons may be served by any person who is at least 18 years of age and not a party to the action. This is a general discussion of legal principles by a California lawyer and does not create an...

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  9. 2nd Dui with a .07 BAC

    Answered about 5 years ago.

    1. Roland Xavier Tiemann
    2. George Fredrick Mueller
    3. Amy Treanor Morell
    4. James C Forslund
    4 lawyer answers

    Here is the punishment for a 2nd offense DUI. California Vehicle Code §23540 (a) Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety...

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  10. Question About Becoming A Criminal Defense Attorney & Criminal Defense Attorney Salary.

    Answered over 5 years ago.

    1. Anthony A Arzili
    2. William Mark Weinberg
    3. Deirdre Lynn O'Connor
    4. Roland Xavier Tiemann
    5. Robert Lee Marshall
    6. ···
    11 lawyer answers

    It varies greatly. Some attorneys are doing very well and others are struggling. The following web site will give you an idea of what attorney salaries are by jurisdiction. If you want to know what a government attorney makes like a public defender or prosecutor you can go to the government website for that city or county office and look under job openings where they will list the wage range for level I through level V positions. http://www.payscale.com/research/US/Job=Attorney_%...

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