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Joseph Salvatore Farina

Joseph Farina’s Answers

1,690 total


  • 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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  • Is there any new laws, that makes it illegal for an unarmed aider and Abettor to share the same culpability as the actual killer

    My uncle was sentenced to LWOP after a robbery turned into the shooting death of an individual. My uncle was said to be present at the crime scene, but was unarmed and did not fire the data shot or did he know the murder was going to happen.Is the...

    Joseph’s Answer

    No. The law has not changed in this area. Your uncle is still liable as an aider and abettor under the felony murder or provocative act doctrine.

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  • Can I re-open the Habeas Corpus and attack the points presented today, but with counsel?

    in 2007, in an alleged traffic violation i picked up sales and trafficking charges. in 2008, i filed a motion to suppress the evidence and it got denied. My attorney failed to request an appeal of my motion to suppress the evidence. in 2008, I...

    Joseph’s Answer

    No, for the reas.ons stated by Mr. Marshall. You are no longer in custody, so habeas corpus. Time to move on and find a licensing attorney to help you with your employment situation

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  • Can i request to withdraw my plea under California PC?

    in 2007, in an alleged traffic violation i picked up sales and trafficking charges. in 2008, i filed a motion to suppress the evidence and it got denied. My attorney failed to request an appeal of my motion to suppress the evidence. My attorney wa...

    Joseph’s Answer

    Way too late to do anything. You would have had to file a motion within 6 months after yout plea, so you are way past the deadline. And no one was legally required to tell you that a plea could affect your ability to get a professional license. You might want to contact a professional licensing attorney.

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  • Can anybody help

    my brother was arrested because my parent was growing marijuna in his houses

    Joseph’s Answer

    Unless you or your brother can afford a private attorney, then he will be appointed a PD or will get a conflict attorney. Other than that, not much you can do.

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  • Can I build a case to sue for my bail payment and for my time being places in jail?

    I was arrested for multiple charges and I was identified as a known gang member. The description on file was my picture from a previous chase that all charges were dropped. So, they started the investigation with false information. I believed my...

    Joseph’s Answer

    Sorry but you are barking up the wrong tree. You were not required to bail out of jail but could have remained in custody until your arraignment or until the charges were dropped. You chose to bail our and now you are responsible for the payments. As for your prior photo, that is not an issue because the charges being dropped has nothing to do with your photo. As for the success of a lawsuit, don't waste your time. No attorney would take such a frivolous matter.

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  • What should i do

    The person arrested with me was let off on all charges ive asked my pd to subpoena him for the trial because he was the one who knew of the drugs in my car. She doent feel its a good idea. I said let him impeach him self. She played dumb. So si)y ...

    Joseph’s Answer

    You really do need to talk to your attorney. However, I suspect it probably won't do any good because you clearly don't trust her. But the PD's in Sacramento are pretty good and know what they are doing. Unless you have a law degree and years of experience in the criminal court system, including extensive motion and trial experience, you should follow her advice and let her do her job. While it is a good idea to let the client knows what motions are being filed, your attorney runs the case and makes the decision as to what motions to file. The only decision you can make is whether to have a court or jury trial and whether or not to testify. Otherwise, you are a passenger in the car and your attorney is the driver, as one judge told my clients several years ago.

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  • How do you go about changing the Judge for your re-trial? Probably should get new lawyer as well....

    Sister's felony embezzlement conviction overturned at appeal, new trial beginning in 2 months. New D.A. will be arguing the case, but in the same Court with same Judge that refused to toss out non-Mirandized statements and got sister convicted as...

    Joseph’s Answer

    A defendant has the right to challenge pursuant to CCP 170.6 assuming it hasn't already been used because a defendant only gets one. As for the attorney, if the PD is appointed, you don't get to choose. If you hired a private one, then getting a new attorney means they start from square one. Always love when people say no "real evidence". Apparently was real enough for jurors to convict. And a defendant only gets Miranda if they are in custody. Sounds like you been new watching too many TV cop shows.

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  • I'm scared for our kids..... Well, ALL of our comings and goings. How should I go about this? We need help.

    My husband was arrested on bogus charges, the people don't have a case, he does have priors and because of his past, the police beat him up, 2 different facilities, for not wearing green. His 8th and 14th amendments have been violated, the police ...

    Joseph’s Answer

    Sometimes the things I read on this site make my shake my head. I have never heard this kind of stuff happening in 28 years of practice in Sacramento, El Dorado, San Joaquin, Yolo and Placer Counties, so I never know what to believe. The police beat some defendant up, put some unknown guy in his cell who went thru his stuff and then of course there is popular violations of the 8th and 14th Amendments. Too bad we can't hear the other side, especially about these allegedly "bogus charges" because of course the police have nothing better to do than arrest people on bogus charges. And finally, what do you expect a bunch of strangers on the internet to do - why not just tell his attorney about these shocking violations?

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  • Lawyer claims to have zero jury convictions, can this be true?

    Lawyer claims to have zero jury convictions, can this be true? Can a lawyer lie on their site about trial outcomes ?

    Joseph’s Answer

    Probably because the lawyer plea bargains everything out and has never gone to trial. Misleading and deceptive but technically true.

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