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Joseph Salvatore Farina

Joseph Farina’s Answers

1,701 total


  • Do state courts have to abide by treaties and conventions signed and ramified by the US?

    I was recently charged by a crime in violation with the 4th and 14th amendment and also in violation with the International Bill of Human Rights. I know that the constitutional law is "supposed" to be the supreme law even though the law has loopho...

    Joseph’s Answer

    As a general rule, international laws and treaties have no effect on American jurisprudence. We are not bound by some international law from some other country and that is a good thing.

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  • Why did my husband get denied bail reduction because of his past charges. We found a penal code that shows it was illegal.

    Re posting this question: my husband is facing 20 years for someone hitting HIM in his car from behind. He has a past that includes robbery and assault but he has been doing well for himself since that time. The lady that hit him did not pull over...

    Joseph’s Answer

    Impossible to give you a coherent answer without knowing your husband's criminal history and other information. There can be many reasons why a judge will not reduce bail, including criminal history, prior failures to appear and the seriousness of the current charges. Seems like a trivial point given that your husband was convicted at trial and is facing a significant amount of time in state prison. You clearly have misinterpreted what you saw because prior criminal history is important in setting bail, including prior strikes. And as for a motion for a new trial, that would be very expensive. A new attorney would have to order a transcript of the trial and that could cost thousands of dollard, not to mention the attorneys fees in drafting and arguing the motion.

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  • Will I go to jail

    I'm 18 met a girl online assumed she was 18 and I think she said she was the same age. We met at her house hung out started kissing and ended up having sex.

    Joseph’s Answer

    So how old was she anyway? If she was under 18, then it's statutory rape but if it less than a 3 year difference, it is a misdemeanor. But if no one files a report with the police, then you should be ok. If the police do contact you, say nothing and invoke your right to an attorney.

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  • Can you get my charges dismissed?

    I was driving on I-5 near Stockton and CHP stopped me going 90mph. Took my blood and it ended up being a .13 so yeah I had a DUI. However, police officer never read me my Miranda Rights he just arrested me for DUI. I read online that means an auto...

    Joseph’s Answer

    You are wrong, period. The police do not have to read you your Miranda rights unless you are in custody. During the investigative portion of the detention, they are looking for information to determine if an arrest should be made. Your PD was absolutely correct, but from your attitude, it doesn't matter what your PD says. These charges are not getting dismissed, but if you so darn sure of yourself, represent yourself. You'll do a wonderful job I have no doubt.

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  • If I drop charges because he's agreed to start seeing a therapist for anger will CPS attempt to take her away?

    I had custody of my daughter 50/50 and the past weekend when it was my time my BF was upset and wanted to leave to cool off over a lost bet (he had drank a couple beers) I demanded him to stay. We began to argue. Things got scary as he started to...

    Joseph’s Answer

    You cannot fool around with CPS. Be truthful and hope that CPS doesn't go any further with the allegations. However, do not be surprised if law enforcement becomes involved since you filed a police report and wants to talk to you, your daughter and your bf. If the cops want to question your boyfriend, he should remain silent and invoke his right to an attorney. He will not talk his way out of any potential criminal charges, but will just incriminate himself. Good luck.

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  • How do I prove the gun wasn't mine and what are my chances the home invasion gets dropped or Will rehab be an option .

    Being charged with several felonies including home invasion carrying concealed weapon burglary and receiving stolen property also methamphetamine was found on me I I was the driver of the vehicle when the officers pulled me over I'm being charged ...

    Joseph’s Answer

    You are being charged as an aider and abettor which means you can be charged with the same crimes as the defendants who committed the crime. If you didn't use a gun but just stayed in the car as the getaway driver, you shouldn't be charged with any gun offenses. However, iIf you had the gun in your car, you can be charged with anything found in the car since you are assumed to .have control over everything in the car. As for getting the charges dropped, we know nothing about the evidence so there is no way any stranger on the internet can answer your questions. Most importantly, as both Mr. Finnecy and Mr. Marshall have astutely pointed out, STFU and stop discussing your case on the internet. Only discuss the case with your PD or court appointed attorney.

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  • Can I have the man arrested? I am not sure if this is something I can file a report on and have the guy arrested or not.

    I responded to ad for a room for rent on Craigslist. I saw the room and paid the person who I thought was the owner a $700 deposit. He asked me for the money for the rent the day I was before I was supposed to move in and I told him I would give...

    Joseph’s Answer

    You can certainly file a report with the police and see what they will do. If they refuse to take action, I suppose there is always small claims court.

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  • Can I get my name removed from his Bail Bond since it was exonerated? and how do I get my name off his bail bond?

    A friend not a partner or family member just a friend was arrested in Riverside County and I was the person that dealt with bail company. I did put my name as a signer (I guess?) Used my bank card to give them the down payment so my friend could g...

    Joseph’s Answer

    I agree with Mr. Finnecy. You signed a contract and as such, you bound to it like any other contractl. You should be careful who you co-sign for, because if the flake out, you are stuck.

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  • What will outcome be if I got charged with 2 felonys for domestic violence and false imprisionment less than 2 months apart?

    I got charged with a domestic violence felony in Dec. for leaving a scratch on my boyfriend while I was trying to get him out of my car because he was harassing me while I was driving he was mad I did that so he called the cops and he said I stabb...

    Joseph’s Answer

    I agree with Mr. Finnecy. Absolutely too many variables to give you a definitive answer or even a wild eye guess. Talk to your public defender or court appointed attorney because they will have more information than a stranger on the internet.

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