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Joseph Salvatore Farina

Joseph Farina’s Answers

1,460 total


  • Could I REOPEN a case dating back to 2003? No contest plea. Further more, in 2009, it was dismissed under 1203.4

    I was charged with a 261.5 in 2003 when I was 20. No contest plea, did not do time nor had to register. In 2009 I had it dismissed under 1203.4. Since then 2003, I've gotten married, graduating from school, however, every decent career isn't feas...

    Joseph’s Answer

    You clearly cannot reopen the case but I'm wondering if a certificate of rehabilitation and a pardon might work? The Governor granted 60 pardons last year. A lot would depend on the facts of your original case, but the fact that you got a BA and a Masters degree shows some pretty good rehabilitation. The fact that you did not have to register as a sex offender is also a good fact. You might want to talk to an attorney but expect it to cost at least a thousand dollars or more to file the necessary documents.

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  • Is it legal to record a conversation in California without the knowledge of the person being recorded?

    This conversation would have already taken place (under duress) between a California phone number (619) area code and a (760) area code land line. Can the 619 cell record the 760 land line without informing the participant that the call is being ...

    Joseph’s Answer

    I fully agree with my colleagues, but since I handle mostly sex cases, I'm wondering if this was a pre-text call, because then the answer is yes. Law enforcement can record such a phone call without notifying the intended target. And such calls are admissible in court. Pre-text calls are very common in sex cases and are completely legal. Just wondering because the asker said the call was recorded under duress.

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  • Would a DA dismiss a child endangerment charge based on the likelihood this was a one time event?

    My friend is charged with 273a (b) misdemeanor for child endangerment and 647 (F) . He took his son (yrs6) to the bathroom at a NFL game in Santa Clara. A patron reported him as being drunk, police stopped him exiting the restroom. After being ...

    Joseph’s Answer

    Definitely needs the services of an experienced criminal defense attorney.. Seems like a mickey mouse charge but who knows what the DA will do? Drunk in public maybe but child endangerment - not sure how they are going to meet their burden of proof.

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  • Say a couple decide to have intercourse. the girlfriend has just turned 18 and the boyfriend is still 17, would it be rape?

    the girlfriend has just turned 18. the boyfriends mother knew they were together. she assumes they have had sex and once the girlfriend turned 18, she started saying she'd throw her in jail for sleeping with her son. The son (boyfriend) says it wa...

    Joseph’s Answer

    Yes. The girlfriend is guilty of misdemeanor statutory rape but would not have to register as a sex offender. A minor cannot consent to having sex so it doesn't who knew what. And yes the girlfriend can go to jail although unlikely. And pissing mom off is always a bad idea.

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  • I have a bench warrant i never knew about...

    So, as it turns out i have a bench warrant for a 166 court order. I think my ex may have said i over stepped my bounds on a custody order for our children. I did not know this can be criminal charges as opposed to civil? Also, the DA says they...

    Joseph’s Answer

    You"ll need to get the warrant. Assuming it is not a no bail warrant? An attorney may be able to get it recalled and put back on calendar. Good luck.

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  • CAN MY HUSBAN APPEAL LIFE WITHOUT PAROLE ? HE WAS CONVICTED W OUT ENY EVIDENSE OF ENY KIND ?

    My husb got convicted for 2 murders and 1 att murder they had no evidence on him nothing at all and was convited to life w out parole Gave them all the evidence I had to prove he was not nowere near the crime scenes and the discription didnt match...

    Joseph’s Answer

    Seriously? There was NO evidence whatsoever but your husband was convicted - no statements, no physical evidence, no gunshot residue, no incriminating evidence found on your husband, no text messages, no e-mails, no cell phone evidence, no confession - NOT A THING? By the way, statements are not mere words, but evidence and can be used to convict someone. Well, it certainly sounds like a miscarriage of justice to me so I hope his appellate attorney files his appeal right away! I'm shocked I tell you! Totally shocked! We certainly can't just have innocent hardworking American citizens yanked off the street and convicted with no evidence! It's a crime I tell you!

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  • Can a past history of disputes and physical fights neither of which have resulted in a conviction be used against a defendant.

    A person due to no fault of their own, has a history of altercations, disputes and physical fights. Police were called numerous times but there was never a conviction. The disputes did not involve family members. If this person ends up being a def...

    Joseph’s Answer

    Yes such uncharged conduct can be used against a person under certain circumstances. But a history of altercations, disputes and physical fights that the person has no responsibility for? Not once? Then that person is either the unluckiest person in the world or has a really bad temper and a habit of not owning up to their lack of self control.

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  • Can I use medical cannabis while on formal probation in Ventura county?

    I am on formal probation for burglary in Ventura county and am getting drug tested. I have been a medical marijuana patient for two years. I have multiple diagnoses and am in the mental health court. Medical cannabis really helped me but since i g...

    Joseph’s Answer

    Mr. Finnecy earlier answer was right on. What do your probation conditions say? Are you on formal probation in a drug case? Is drug testing one of your conditions? How about attendance at a drug treatment program as directed by probation? If so, the Court of Appeals have said that legal or not, a probation officer can forbid the use of medical marijuana as a condition of probation. If it is not a drug case AND your probation conditions do not forbid its use, you are probably ok.

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  • Can I use medical marijuana on formal probation in Ventura county?

    I have recently been placed on formal probation in Ventura county and I would really like to know if I can use medical marijuana. I am currently a medical cannabis patient. Please help me!!!!

    Joseph’s Answer

    Mr. Finnecy is right on. What do your probation conditions say? Are you on formal probation in a drug case? Is drug testing one of your conditions? How about attendance at a drug treatment program as directed by probation? If so, the Court of Appeals have said that legal or not, a probation officer can forbid the use of medical marijuana as a condition of probation. If it is not a drug case AND your probation conditions do not forbid its use, you are probably ok. But given that you didn't say what you were on probation for, I'd wager a Big Mac, a small fries and a chocolate shake, that it is indeed a drug case.

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  • Can someone's (adult) name be redacted/removed from a police report at the discretion of the DA?

    Can someone's (adult) name be redacted/removed from a police report at the discretion of the DA?

    Joseph’s Answer

    In certain matters such as sex cases, the law allows it. But even then the attorney has a right to get that information. But in your run of the mill case, no. However, if the client wants a copy of their police report, witness addresses and phone numbers have be blacked out and I usually take out other confidential information that the client does not need, such as social security numbers and drivers license numbers. Otherwise, a client has a constitutional right to know who is accusing him or her of a crime and to confront that witness.

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