Roland Xavier Tiemann’s Answers

Roland Xavier Tiemann

Folsom DUI / DWI Attorney.

Contributor Level 14
  1. What do Diposition: Case Dismissed and Last Action/New Appeance Date: 01/2010 in TSD mean?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. S Edmond ElDabe
    2 lawyer answers

    call the clerk of the court and they will tell you if you need to appear. You do not want to miss a court date because an FTA will cost alot in fines. Sometimes court set appearances for proof of completion of classes. In some cases if the proof of completion is filed with the court the person may not have to appear. That is why you should contact the clerk to confirm if your appearance is required or not.

    2 people marked this answer as helpful

  2. Under CA landlord tenant laws how much notice does a landlord need to provide for conducting termite inspection

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    The free and down loadable landlord tenant handbook published by the CA Dept of Consumer Affairs is at: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf It gives you the latest laws in CA on LL/T rights.

    1 lawyer agreed with this answer

  3. How do you prove your trial counsel was not knowlegable in the area at hand (murder trial)

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Deirdre Lynn O'Connor
    3. John M. Kaman
    3 lawyer answers

    Prior to the trial being over, the Def would have to try and have his attorney removed by the court based on his inadequacy. If the court rejects the removal, the def would have a built in issue for appeal. If the trial is already over and the Def has been convicted. Prior to sentencing, a motion for a new trial could be filed with the court based on ineffective assistance of counsel. If sentencing has already occurred, then appellate counsel for the Def will look at the lawyers...

    2 people marked this answer as helpful

  4. Can factual errors in the Probable Cause section of the DS 367 get my DUI dismissed?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Amy Treanor Morell
    3. George Fredrick Mueller
    3 lawyer answers

    It won't get your case dismissed in court but it could be used to impeach the officer's testimony that his testimony is accurate. As far as the DMV goes, yes that would be one of the arguments you could make but it is a tough one to win on outright. One of the issues at the DMV is whether the cop had probable cause to pull you over. If the probable cause statement doesn't state adequate grounds to pull you over you should win however that is assuming the DMV follows the law, often they do not....

    1 lawyer agreed with this answer

  5. 2nd DUI

    Answered over 4 years ago.

    1. Amy Treanor Morell
    2. Chad Raymond Maddox
    3. Roland Xavier Tiemann
    4. Matthew Lee Spiegel
    4 lawyer answers

    If you lose the DMV hearing, you will be suspended for 1 year with no restriction eligibility. If you win the DMV, bo DMV suspension will occur. If you are convicted in the court, you will be suspended for 2 years with one year hard suspension. and eligibility for a restricted license after 1 year with installation of an ignition interlock device and one year of the 18 month dui case. You only hope is to get a good dui attorney. If you try the case and win, you can get your driving...

    1 lawyer agreed with this answer

  6. Recieving real estate liscence

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Usually when applying for an occupational license expungements still need to be divulged. Many applications will ask if an expungement has been obtained. A typical expungement in CA means you can lawfully answer that a person "hasn't been convicted of a crime" when asked by a private employer. Your brother needs to contact the department of RE and find out what the status of his application is. For most occupational licenses there is an appeal process if the license is denied. YOu may...

    1 lawyer agreed with this answer

  7. Welfare fraud?

    Answered almost 5 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    If charges have been filed or if the welfare department wants to interview her she needs a good criminal defense attorney. She doesn't know the laws, If she tries to explain herself and it violates the law, its called a confession, and she just made the DA's case against her air tight. Its better if she hires an attorney and let him explain what happened because then his statements cant be used against her. If she cant afford an attorney, wait to get to court and get the public defender to...

    1 lawyer agreed with this answer

  8. Can a stipulation be extended?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Stipulations can always be extended with agreement of the parties who entered into the stipulation. A stipulation is simply an agreement of the parties. Some stipulations need court approval if court orders are in place to enforce the stipulation. So long as the parties agree and submit the new stipulation for court approval the court will usually sign off on the new agreement. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client...

    1 person marked this answer as helpful

  9. Evidence tampering

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Legally no. You have no legal duty to act regarding what you know. You always have the right to do what you think is right. For instance, you could contact the party suing the school and let them know what you know about the records. Understand there are always ramifications. Your friends job could be affected. They may even deny doing it in an effort to save themselves. There is a big pandora's box waiting to be opened. Dont forget during the course of the lawsuit subpoenas will be...

    1 person marked this answer as helpful

  10. Court file- does it make sense or is this legal?

    Answered about 4 years ago.

    1. Roland Xavier Tiemann
    2. Ronald Daniel Hedding
    2 lawyer answers

    Most court records are open to the public which would allow you to get copies. However, the judge has the authority to seal some records which would only be accessible with a court order. It sounds like your records are sealed. Try contacting your trial attorney to see if they can help you get your records. If they are not sealed, then you should be able to get them. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client...

    1 person marked this answer as helpful