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Joseph Salvatore Farina

Joseph Farina’s Answers

1,466 total


  • There was confusion whether I was raped last year. I am now to defend myself in court and possibly serve time. Please advise.

    I had warrant out for my arrest and was taken in six weeks ago (unknowingly). I had to spend the night in jail and go to court where they sent me away on OR. A year prior, I had a date with a man in Burbank. We are both in our thirties. At first...

    Joseph’s Answer

    Don't see any confusion here. You alleged a forcible rape, but neither the cops or DA believe you after looking at the police reports.. And if you were truly raped, why would you not cooperate with the police by undergoing a sexual assault examination and why would you contact your alleged rapist the next day? Sending him flirty texts? Really? Sorry, but this had the suspicious scent of "Gee, we had sex and he didn't even call me or test me the next day? Gee I think I'll allege I was forcibly raped and see how he likes that". By the way, why aren't you discussing this with your attorney as opposed to strangers? Or maybe you attorney doesn't believe you either.?

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  • Can I get both DUI convictions expunged?

    On May 4th of 2013 I was pulled over for a DUI and soon after on October 10th of the same year I received a second DUI. My lawyer was able to get me to plea guilty as a first time offender on both cases by settling both on the same day within hour...

    Joseph’s Answer

    Slick move by your attorney. However, he'd better hope neither county finds out or his credibility is shot. Ultimately all we have.is our reputation to hang our hat on and without that, an attorney is going to have a difficult time with DA's and judges. That being said, I wouldn't be filing any 1203.4 motions just yet, because you haven't completed your probation, so any grant of a 1203.4 is discretionary. And by the way, there is no "expungement" statutes in California, so your record would not be sealed but available to anyone who care to look.

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  • If someone took a deal to avoid going to prison and they had to register as a sex offender can they fight to have it removed

    charged with rape first trial was hung second trial guilty . won an appeal had conviction reversed. now D.A wants to retry or take a deal of sexual battery and register. already spent 2 yrs in prison if I take deal can i fight the registry later ...

    Joseph’s Answer

    I'd be interested as to why the conviction was reversed. I doubt it had to do with witness credibility because as Mr. Marshall astutely pointed out, that is really a call left to the jury and judge. I suspect that the case was probably reversed due to faulty jury instructions, which is usually why these cases are reversed. Or maybe juror misconduct. Interesting that the DA wants to retry, but is probably offering a deal to spare the complaining witness from having testifying again. But of course this all pure speculation, which is why the asker need to be discussing this with his lawyer and not some strangers on the internet. But if you get convicted of a charge requiring registration, highly unlikely that you will get it removed. It simply doesn't work that way. If only we could talk to his attorney and get the REAL SCOOP.

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  • What can a defendant do once his case is refiled on?

    Defendant was charged with robbery and kidnapping. The case was dismissed and refiled the same day with a paid lawyer. If defendant doesnt have payed lawyer this time around , then what should he do to get case dismissed again

    Joseph’s Answer

    Not much he can do. If the case was refiled right away, Mr. Marshall is probably correct that the DA had witness issues or was up against some deadline. If the money has run out, he is going to get a PD or conflict counsel. That's the way the legal system works.

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  • My friend is freaking out about the possibility that he could be charged with Statutory Rape, how much should he be worried?

    My friend is in his mid-20's and is a bit too promiscuous at times. He likes to use the popular gay "hookup" app Grindr on his phone to meet people for sex. Part of the Terms of Agreements on Grindr are that you have to be 18 to sign up. He als...

    Joseph’s Answer

    Your friend is potentially going to be in a boatload of trouble if the cops find out. Having sex with a runaway minor is not good. And the age of the minor is irrelevant and so is the fact he lives in another state. Your friend is going to need a good lawyer knowledgable in sex cases.

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  • Can someone be charged with statutory rape is he is 18 and she is 17, even though they have dated for the past 3 years?

    The mother of the 17 year old wants to press charges against her daughters boyfriend. If they have been together off and on for the past 3 years can she legally press these charges? How likely is it that the DA would pick the case up if the daught...

    Joseph’s Answer

    Both my colleagues are correct. The length of the relationship is irrelevant. Sex with a minor is illegal and the adult can charged with statutory rape. If the age difference is less than 3 years, it is a misdemeanor but more than a 3 year age difference is a felony. Doesn't matter if the daughter turns 18 in May and the Elk Grove Police Department is notorious for filing reports on sex crimes. Your "buudy" needs to stay away from imnors.

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  • I got charged with a 459 pc but I was given the keys of the car then I got in and out right away not out car.

    The keys were given to me I was already really drunk and didn't really know what was going on. I believed my friend knew the girl of the Car but when I got in the car it was just me so I got off right away

    Joseph’s Answer

    That is not a 459. That is an attempted auto theft 664/10851(a) or possession of a stolen car 496(d). So not sure where you get a PC 459 burglary from, although I suppose the cops could be saying your were trying to break into the car. In any event, you need a criminal defense attorney. And stop posting details on this public website.

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  • Want to know what kind of sentence I might be facing

    HI my name is Andrew from California and I was charged with 11370.1 (A) HS , 111378HS , and 11379 (A)hs and I don't have any prior felonies just misdemeanor dui and misdemeanor possession of marijuana could you guys give me a little knowledge on w...

    Joseph’s Answer

    Well, for starters I wouldn't post any details on this public site. These are some serious drug charges which, if you were convicted, would require you to register as a convicted drug offender. Clearly looking at several years in state prison. I would get myself a good attorney but if you are in Redding, good luck. I would definitely be looking out of town attorney but be advised that is going to cost some serious cash.

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  • How serious is a home invasion crime?

    Victim changes stories. first victim couldnt identify suspects and later he can. only evidence may be hear say

    Joseph’s Answer

    Sorry but statements from the victims are not hearsay. They are evidence that can and will be used in court to convict a defendant. How serious is a home invasion robbery? Well, if a gun were used during the robbery, that adds 10 years, assuming it was not fired. And the prosecution does not have to bring the gun to court or prove there was a gun - if the victims say there was a gun, that is sufficient all my itself. If there was more than one defendant involved, that increases the amount of time a defendant could potentially face. Of course the case wold hinge on how strong the victim's testimony was, but this is a serious crime.

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  • Can I do something about the public defender not helping me or even discussing my case other than two minute be for court?

    I was arrested and charged with possetion of illegal substance and training to destroy evidence. I went in my pocket to call the owners of this property that was for sale so the police could find out I had perdition to be there the cop told me to ...

    Joseph’s Answer

    You could always file a Marsden motion by asking the court to replace your attorney, but good luck with that motion in prosecution friendly Placer County.. Defendants have a rough time in that county where the PD is a private firm that was the lowest bidder, so that should tell you something. If you can afford a private attorney, I would seriously consider doing so. The old saying goes in regards to Placer County "Go on vacation, get hit with a violation and end up on probation".

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