Roland Xavier Tiemann’s Answers

Roland Xavier Tiemann

Folsom DUI / DWI Attorney.

Contributor Level 14
  1. Expungment or not?

    Answered almost 5 years ago.

    1. Roland Xavier Tiemann
    2. Michael Douglas Shafer
    3. Lewis Robert Rosenblum
    3 lawyer answers

    That sounds like the expnungement paper from the court. What is more important is what your criminal record looks like. An expungement doesn't clear your record. What it does is withdraw your plea and dismisses your case. This allows you to answer "never been convicted of a crime" when asked by a private employer. Your rap sheet will show that the case was dismissed but the arrest will still be on your arrest record, If you want to check to see what your CA criminal record looks like go...

    1 lawyer agreed with this answer

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  2. I was pulled for obstruction of view. it was at night and I dont beleive that anyone could see a air freshener from that distanc

    Answered almost 5 years ago.

    1. Roland Xavier Tiemann
    2. John M. Kaman
    3. Joseph Briscoe Dane
    4 lawyer answers

    If you have a defense, you can always ask for a trial in a traffic ticket case. If you can document your defense by taking pictures under similar circumstances, you may have some good exhibits for trial. You could also hire a private investigator to recreate what the officer said she observed. Call the PI as a witness at trial. You need to balance trouble and expense of doing the trial like time off of work, paying witnesses versus just paying the ticket which sometimes can be reduced. If...

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  3. Can a sibling get my parent's property without the approval of the oother siblings?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    2. Janet Lee Brewer
    2 lawyer answers

    Dying Without a Will or Trust If someone dies without a will or trust, they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate. In California, who will receive the estate depends on answering a series of questions about the person who died. 1. The first question is whether the decedent (the person who died) was married. A. If the decedent was not married, the estate is distributed as follows:...

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  4. If, on different dates, the DMV and criminal court suspends one's license for the same crime, when is the suspended period over?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    2. Chad Raymond Maddox
    3. Brian Russell Michaels
    3 lawyer answers

    If you lose the DMV hearing on a 2nd offense, the DMV suspension on a 2nd offense is a 1 year suspension. The suspension because of the court conviction is 2 years. That is why you get the 2 letters. The court suspension runs concurrent to the dmv suspension and you will get credit for the time your license is suspended from DMV. So you would deduct 6 months (10/09 through 4/10 credit for dmv suspension) on your two year court suspension. How is the DMV suspension or revocation for the...

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  5. Why would a judge allow non paying tenants to remain in a home that I am trying to short sell?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    You can end tenancy pursuant to law or pay the tenant to move. As a landlord often when you bring an action under unlawful detainer for non-payment of rent the tenant makes up all reasons why they aren't paying. Judges often protect dead beat tenants. Sometimes its easier is terminate tenancy with no reason. With no reason there are no defenses to muddy up getting the court to order an eviction. Go to this link regarding your rights as a tenant in CA. The free publication is...

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  6. I've got a civil compromise for 2nd degree burglary.

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    2. Robert Lee Marshall
    2 lawyer answers

    You need approval of both Judge and DA for civil compromise of felony. It is not the county you should be worried about but the judge. A reasonable judge will do it while a tough judge won't. I'm sure your attorney will do everything possible to make it happen. Penal Code 1377 When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows: (a) By or...

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  7. I am currently renting, my apartment and a few others have been fighting off mice for over 1 year.

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Go to this link regarding your rights as a tenant in CA. The free publication is written by the CA Dept of Consumer Affairs. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf here are some excerpts Landlord’s responsibility for repairs Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the landlord must repair problems that make the rental unit unfit to live in, or...

    1 lawyer agreed with this answer

  8. Need a criminal defense attorney

    Answered about 4 years ago.

    1. Robert Lee Marshall
    2. Roland Xavier Tiemann
    3. David Philip Shapiro
    4. Brian Russell Michaels
    4 lawyer answers

    Check on the state bar website for criminal law specialists. http://members.calbar.ca.gov/search/ls_search.aspx

    1 lawyer agreed with this answer

  9. What Happens if you get written up for 25662(a) Minor in Possession of open container of alcohol?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    2. Brian Russell Michaels
    2 lawyer answers

    Please review the 2 code sections below. Its usually a fine, sometimes class, summary court probation, sometimes community service or work project. Your big problem is the drivers license suspension. Your misdemeanor can be expunged when you get off probation. Minor Possessing Alcoholic Beverage 25662. (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public...

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  10. Seventeen year old arrested for felony vandalism and evading the police. What is the process for first time offenders

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    If you have never been in trouble before you could be eligible for a felony diversion. Welfare and Institutions Code 790 790. (a) Notwithstanding Section 654 or 654.2, or any other provision of law, this article shall apply whenever a case is before the juvenile court for a determination of whether a minor is a person described in Section 602 because of the commission of a felony offense, if all of the following circumstances apply: (1) The minor has not previously been declared to be...

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