Roland Xavier Tiemann’s Answers

Roland Xavier Tiemann

Folsom DUI / DWI Attorney.

Contributor Level 14
  1. Does the statute of limitations apply if you have been charged with a crime, but never show up to court?

    Answered over 4 years ago.

    1. David Philip Shapiro
    2. Roland Xavier Tiemann
    3. Andrew Stephen Roberts
    3 lawyer answers

    If the case has been filed in court, the statute of limitations is tolled until you come to court. Usually, a warrant will be issued. If the case hasn't been filed, then the SOL would apply. Not showing up for court will not allow you to take advantage of the SOL. Here is the SOL for misdemeanors Penal Code 802 (a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within...

    1 person marked this answer as helpful

  2. Paid this month, vacated before the month & no 30 days notice

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Go to this link regarding your rights as a landlord in CA. The free publication is written by the CA Dept of Consumer Affairs. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf You should always be cautious when you are the landlord because of the severe civil damages that can be imposed if you do not do things as prescribed by law. Hell hath no fury like a tenant scorned. Luckily, in most cases they don't have resources to go after you but the goal is to try and prevent...

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  3. Is out Land Lord obligated to rid our apartment of Termites if we just moved in 3 months ago? How long does he have to fix?

    Answered over 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...

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  4. How do i fight a pc 13304 misdemeanor charge?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    2. Judith Michael Fouladi
    2 lawyer answers

    The statute says you have to know your not authorized by law to receive the record, PC13304 Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buys, receives, or possesses the record or information is guilty of a misdemeanor.

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  5. Is CA law Enforcement Agencies required to release 5150 police report upon request

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Most police reports have to be released pursuant to a public information request. That is how newspapers and TMZ get police reports on stars. The same laws apply for everyone requesting records. Go the following link where there is a PDF of the types of records which must be released pursuant to a freedom of information request. http://www.thefirstamendment.org/publicrecordsact.pdf If you have a pending case, then your lawyer will get the police reports. This is a general...

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  6. If I have a new arrest while on DEJ probation for under the influence, is there jail time even if I'm eligible for prop 36?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    It is up to the judge and DA. When you are placed on DEJ you plea guilty and sentencing is put off until you successfully complete the terms of the DEJ. If you violate the terms of the DEJ by getting a new case, you are automatically sentenced to the original sentence which was stayed or up to the max punishment for the original crime you were put on DEJ for. If the original DEJ was a PC1000, some courts will offer a Prop36 disposition in lieu of sentencing you since it is more stringent of...

    1 person marked this answer as helpful

  7. How to have my son committed ; he is a danger to himself and possibly others ; he is in CA

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Below is the WI code section dealing with mental health crises. Most counties have mental health hospitals and treatment services. Call the counties mental health crisis line. Explain your situation and maybe they will have advice on how to handle the situation. If you can get the person to turn themselves in voluntarily, the county mental health system will try to help. If they wont go voluntarily, law enforcement or other mental health professional has the authority to take a person to...

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  8. What will be the charges against my son for possession of marijuana on school grounds?

    Answered over 4 years ago.

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

    See the following penal code sections. If he is under 18, he will be treated in the juvenile court system. Since is was a minimal amount of MJ his case will probably be handled by the probation department. He will probably be put on informal probation and be required to comply with the terms laid out by the probation department. Depending on how the case is handled he may have his DL suspended. HS 11357. (a) Except as authorized by law, every person who possesses any concentrated...

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  9. I have been victimized by this punk for 2 years the cops do nothing for me. I have lost two cars and me liberty is gone

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    Civilly, you can get a restraining order against his harassment. You will need proof and witnesses. Set up a video camera so that it is not observable from outside. Once you catch him on camera committing crimes and making threats. You can do a citizens arrest against him with the police and ask the officer to issue an emergency protective order against him. You can then get the judge to extend the protective order for a period of 3 years. Hire a private investigator to help you set up...

    1 person marked this answer as helpful

  10. Will my federal gun rights be removed under the Lautenberg Amendment?

    Answered over 4 years ago.

    1. Roland Xavier Tiemann
    1 lawyer answer

    This is a very fluid area of law that is being challenged all of the time with a number of conflicting cases, unpublished opinions, and expanded protections under the 2nd Amendment. Below are links to the CA DOJ and federal interp of the Lautenberg Amendment. You should consult with a gun rights attorney to evaluate if the 415 would preclude you from owning a gun. You are right it doesn't look like CA will preclude your rights see statute below. Under federal law the question is...

    1 person marked this answer as helpful