Skip to main content
Joseph Salvatore Farina

Joseph Farina’s Answers

1,426 total


  • Convicted child sex offender living within 1200 feet from child care business. Who is supposed to take action ?

    Child care business does not wish to report as it may affect their business. This is a potential violation of Jessica Law. Who is supposed to take action against the business ?

    Joseph’s Answer

    We are defense attorneys and we represent the very persons you want to snitch on. Has this person done anything to warrant reporting this person to the police? Why is it any of your business? So if you're successful in chasing him out of your neighborhood, where is he supposed to live? On the streets? Do you even know or care why he is a registered sex offender? Sorry but you came to the wrong place.

    See question 
  • How can I retain an attorney for trial Monday in Alhambra for a misdemeanor domestic violence trial that began Friday at 2:00.

    My close friend’s DV trial began yesterday after jury was impaneled and he is represented by a public defender who said she was unprepared for trial. On Wednesday, friend refused more continuances as his case was two years old and he was...

    Joseph’s Answer

    In addition to my earlier response, this case was two years old? What the heck was going on in the preceding two years? No wonder the judge refused to grant any more continuances. And just because your "friend" says he is innocent doesn't make it necessarily so. Your "friend" probably should have taken the diversion plea offered, as many supposedly "innocent" defendants are doing time in county jails and state prisons. And 3 years informal probation is a standard probation condition in most misdemeanor cases, which I suspect this is.

    See question 
  • Are registered sex offenders permitted to live within less than one mile of a child care facility ?

    If yes, then are they required by law to disclose to the patrons of the existence of such persons ? Which specific law/code ? If the intentionally prevent disclosure, what remedies are available to the patrons of the child care facility ?

    Joseph’s Answer

    • Selected as best answer

    The law as currently written prohibits registered sex offenders from living within 2000 square feet from a daycare, park or other facility where children are. A mile equals 5, 280 feet so you do the math. The law as applied in San Diego was recently declared unconstitutional by the California Supreme Court, but the ruling only applies in the appellate district involving San Diego. Eventually the law will be applied to all of California as additional registered sex offenders in other parts of the state challenge the restriction. Then the legislature will have to come up with an amended restriction. For now, I understand that the Department of Corrections is only going to apply the restriction on a case by case basis, but especially to high risk sex offenders. As for individual counties and cities, it will probably be on a case by case basis until it is straightened. You are not required to disclose to anyone your housing situation except probation or parole if you are still on probation or parole but in any event, to the police of the city where you have to annually register. There are no remedies available to the child care facility because even registered sex offenders have to live somewhere.

    See question 
  • Can the father of my baby be legally prosecuted because he is 18 and i am 16?

    I live in Oceanside, California and I am about 7 weeks pregnant. He turned 18 and i turned 16 in February.

    Joseph’s Answer

    We get this question way too frequently, which leaves me shaking my head. Unless you intentionally wanted to get pregnant, birth control is awfully cheap. Do you know how this is going to impact your life, having a child at 16? And yes, your boyfriend can be charged with a misdemeanor and required to register as a sex offender. Hope your mother is understanding or baby daddy is going to have some serious legal problems.

    See question 
  • How do I get a misdemeanor case (PC M273G) expunged dating 02-05-04?

    I was guilty of being drunk and not watching my 2 young daughters. Neighbors called, I was caught, I was angry and behaving awful in front of my daughters towards the officers. I deserved to be punished, I am not denying this. However..... It's b...

    Joseph’s Answer

    Mr. Finnecy is spot on with his answer. A true expungement does not exist in California, so that your case will still be available for public viewing, but the records will show that your case was dismissed pursuant to PC 1203.4. It's the best you can do in California.

    See question 
  • Can I fight getting interlock device for 2nd dui being it wasnt alcohol related.? It was medication. BAC 00.

    My DUI was from benzos (klonipin). They seem adamant on the interlock device? I didn't have a drop of alcohol in my system. BAC 00.00 Am I missing somthing here?

    Joseph’s Answer

    Sorry but the IID is mandatory on a second DUi whether it was alcohol or not. The DA in Sacramento is very adamant on this point and will not negotiate these terms.

    See question 
  • What are the chances of successfully withdrawing no contest plea after deportation advicement given?

    defendent pleaded no contest too a crime, then in court a deportation advisement was given. now the defendent wants to withdraw his no contest plea. i know every case is different, but what are the chances of a defendant successfully withdrawing h...

    Joseph’s Answer

    Sorry but the chances of the plea being withdrawn based on immigration consequences is slim to none. And you readily admit that the immigration consequences were read to the Defendant before entry of the plea. So the Defendant would have to have admitted that they were aware of the immigration consequences before the plea was accepted. Sorry but this is not going to fly.

    See question