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Joseph Salvatore Farina

Joseph Farina’s Answers

1,689 total


  • Three days of testimony is missing. Is that cause for dismissal?

    I have a court-appointed attorney handling the appeal for my conviction. Three days of testimony is missing; there are no audio or written records of what transpired those days. I feel that information is critical to my appeal because it includes:...

    Joseph’s Answer

    I agree with Mr. Finnecy. Certainly not grounds for overturning a conviction since these items deal with sentencing. I would also defer to your appellate attorney who has experience doing appeals and knows what is relevant.

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  • Can a lawyer get a better plea deal than a public defender

    My husband is charged with 2 counts of 288a & 1 injuring a wireless communication device. Which he didnt even break or anything. The girl said he took it away that's it. It was his phone btw. His original charges were annoy & harassing a minor & ...

    Joseph’s Answer

    If you are short on funds, stick with the PD. An attorney cannot ethically guarantee a better result and depending on the facts, there may be little a private attorney can do. I handle 288's almost exclusively and many times, there is not much you can do. A lot also depends on the particular DA's office and how they view 288's. In Sacramento, the DA's fights these cases very hard and are impossible to bargain with. If a private attorney says they can do better than a PD, run away as fast as you can.

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  • Can a defendant fire his court appointed attorney and request he be assigned another ? Given current attnys neg demeanor/acts..

    Court appointed defense attorney is telling client he will block his bond if he tries to bond out. Also other very negative comments and clearly does not WANT to defend client. Was originally appointed Public Defender, then at 3rd hearing he sub...

    Joseph’s Answer

    I say file a Marsden motion and when it is denied as it invariably will, you will be stuck with the same attorney. And I have never in 28 years of practice heard an attorney sayin he or she will block a client from bonding out. I feel sorry for your hapless attorney.

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  • How do I go about getting the analysis myself? Is this possibly exculpatory evidence being withheld by prosecution situation?

    Shoes in evidence at trial not the same shoes taken off during arrest. Evidence shoes have mud and an emblem on the bottom of one shoe. There is an arrest photo showing bottom of shoes with no mud and no emblem. Shoe print analysis was never given...

    Joseph’s Answer

    Why was this not brought up during the trial stage via a discovery motion? Seems a little late to do anything now that this is in the post conviction stage.

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  • Must the full retainer be paid for a lawyer to file the Motion to Supress or can we just pay the lawyer to file the motion only?

    My brother is facing criminal charges. There is NO substantial evidence everything is circumstantial. He's filed a Pitchess Motion to examine the background of the cops. We were granted the motion. We are due back in court in two weeks. We want to...

    Joseph’s Answer

    Mr. Hedding is correct. And writing that there is no substantial evidence means nothing. Direct and circumstantial evidence are both sufficient for conviction and if the circumstantial evidence is strong, it is just as good as direct evidence.

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  • I had sex with a 24 year old

    While I was 13 I was stupid and lied tho this 21 year old saying I was 15 and we hung out a few times then we became like best friends. When I actually turned 16 I told him my real age and by this time he's 24. Yes we did have sex but that was so ...

    Joseph’s Answer

    Time to tell Romeo that if he doesn't leave you alone you"ll go the police and file a police report. Then he can deal with a felont statutory rape charge and sex registration. And a restraining order may not be a bad idea.

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  • How do I get my record expunged in California so I can have all my legal rights back too vote and other things.

    I've been out of jail and out of trouble for 20 years I am a homeowner now and a pillar of my community.

    Joseph’s Answer

    There is no true expungement statute in California as pointed out by Mr. Shapiro. You may be eligible for a 1203.4 dismissal which just withdraws your guilty plea, enters a not guilty plea and dismisses the case. But it is still available to be seen by the public. To do what you want requires a pardon.

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  • Does Vehicle code section 2800.2 preclude realignment act sentencing?

    What would make some one eligible to be sentenced pursuant to the realignment act for section 2800.2 of the vehicle code?

    Joseph’s Answer

    Unfortunately realignment would not be helpful in this situation. As my esteemed colleague Mr. Marshall pointed out, realignment just made some defendants eligible to serve their sentences in County jail instead of state prison. If a defendant doesn't get orobation, he's going to the pokey to met Bubba.

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  • Do i have a enough evidence to sue him

    Non-consensual Taping of Sex Partner my husband has been video typing me all around the house including me having a sex with him, taking shower, getting undressed and using bathroom etc. i even found out that he was video typing me when we were d...

    Joseph’s Answer

    Yes. What your husband has done is criminal and charges can be filed. You may be aware that a former high profile owner of a real estate company in Sacramento has been charged with just these types of crimes and was sued civilly as well. Get a hold of a good divorce attorney and contact the police to file a repory.

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