Skip to main content
Joseph Salvatore Farina

Joseph Farina’s Answers

1,451 total


  • What to do in regards to fraud?

    Met someone online he is legit his company is legit his employees and clients are legit. The client discussed a transaction wire transaction between himself and an individual in Denver , Colorado. Wire transferred money for me to pick up. I picked...

    Joseph’s Answer

    Yeah met someone line...... uh, it was a legitimate company.... uh legitimate employees.....uh, picked money and paid my bills and rest went to "client". Uh...... I believe everything I see on the internet.....duh..... now theyr are charging me with fraud.... duh.... what do I do, George what do I do........ duh...

    See question 
  • Is there pro bono attorneys in Modesto Calif

    My son was arrested at the age 17 years old,for murder/ gang enhancement, he has a public defender that hasn't done anything we can't afford a paid attorney, this happened in 2012 he was denied his preliminary hearing,we hired private investigator...

    Joseph’s Answer

    Sorry but I doubt you will find any attorney that will work free of charge on such a serious matter. Working free of charge on a case means not spending time on a paying case. Your son's case is no more special than any other wayward teenager without a father to keep him on the straight and narrow. The public defender office works hard on their cases but rarely gets any thanks. To say they are doing nothing is simply not true. Besides, whose son is committing murder ar age 17? And what is he doing with a gun? Let me guess - Sureno?

    See question 
  • RN charged with DUI. If charges are reduced to reckless driving, how will that affect my license?

    I was pulled over going around a turnabout, and had drank 2-3 cups of beer, the last one being about 1.5 hours prior to driving. After passing the field sobriety test, I was asked to perform a breathalyzer, which resulted in 0.122%, and 2 minutes ...

    Joseph’s Answer

    State licensing agencies, including Board of Registered Nursing, are required by statute to make an assessment of the specific facts and circumstances underlying any criminal conviction that is alleged as unprofessional conduct. With this requirement, state licensing agencies cannot draw bright lines that function to automatically cause specific consequences.

    Most typically, state licensing agencies claim to be knowledgeable about the plea bargaining used in criminal court and insist that they are not affected in their license enforcement determinations by considerations that motivated the District Attorney to bargain the case to a lesser charge. Of course, this is baloney and cannot withstand scrutiny under the light of day. Unfortunately, state agencies don't come in for much scrutiny, so they can and do run amok.

    On the other hand, many of the factual considerations that would cause a prosecutor to reduce a DUI to a wet reckless can affect negotiations with the board. So you must disclose this conviction to the board and should expect that BRN will file an accusation alleging that the wet reckless conviction and the DUI facts underlying it constitute unprofessional conduct.

    A first-time wet reckless reduction will not often cause a revocation. The board would much prefer a agreement to probation over a revocation. And the truth be known, the RN has little option but to accept license probation. However, the licensee should explore the potential for not stipulating to probation. License probation is expensive and dangerous. It can be extended for years more than the original term. The terms of the probation are unnecessarily harsh and restrictive. Long-term employment is often forfeited by the imposition of probationary standards. The board typically requires abstinence from all use of alcohol so that a beer on a weekend can be the basis for a probation revocation action. All said, all licensees should discuss with a licensing attorney about the potential for avoiding license probations.

    See question 
  • Whats the best choice to get my record reduced or removed?

    I am a registered sex offender. I was arrested in 1986 for indecent exposure and would like to at least NOT have to register, but would prefer to have it removed so I am no longer a felon. What are the costs, time frame and best choice for such an...

    Joseph’s Answer

    I agree with Mr. Finnecy. Since there is no true expungement statute in California, your options are a 1203.4 dismissal and the a certificate of rehabilitation and a pardon. As for costs you' ll need to talk to an attorney. I believe the governor granted 60 prions last year.

    See question 
  • Found out that neighbor is a sex offender in another state and didn't register in CA!

    We recently found, using trusty google, that one of our neighbors was a convicted sex offender in a different state. According to the arrest record, apparently it was for sleeping with a sibling, arrested and convicted as a minor. What are the leg...

    Joseph’s Answer

    While I understand your concern about an alleged "child molester" living in your neighborhood, it does not sound like you have all the acts, other than it may have been a case of incest when the person was a minor. But you could be wildly off base in your facts. Ultimately, what is your purpose? To run the person out of town on a rail and let him be someone else's problem? The old NIMBY adage - 'Not in my backyard". Sorry but we are defense attorneys who defend people charged with sex crimes and will fight people like you who want to run our clients out of town. Besides, if he didn't live in your neighborhood, would you be less vigilant about watching your children?

    See question 
  • CA Felony Dismissal Restore Gun Rights?

    In 2005 I was convicted of grand theft and sentenced to informal probation with restitution. The theft more specifically was embezzlement. I was 22 at the time and this was my first and last offense. I have nothing else on my record. Since then I ...

    Joseph’s Answer

    Sorry to be the bearer of bad news, but a dismissal pursuant to PC 1203.4 DOES NOT restore your right to possess a firearm. Only a certificate of rehabilitation and a pardon can do that. Still I would pursue a 1203.4 dismissal to clean up your record.

    See question 
  • I have a felony conviction in california penal code 245a 4 and 5 year formal probation. I am in a residential program in LA.

    My teaching credential was revoked after 15 years of experience and I lost my job due to the revocation. How can I get my formal probation terminated in 1 year. I also want to get the felony reduced to a misdemeanor and expungement as well. I am ...

    Joseph’s Answer

    Mr. Gross is spot on. Any lawyer who tells you otherwise is feeding you a bunch of crap. No way you are going to get formal probation terminated after one year, especially on a 245(a)(4). You may be able to get it reduced to a misdemeanor after you've completed half of your probation and then a 1203.4 dismissal later on. California does not have a true expungement statute, so you cannot get the record sealed.

    See question 
  • Husband is thinking about filing federal/criminal charges regarding spying with a nanny camera to catch him cheating again.

    He found nanny camera and is thinking of pressing federal/criminal charges because he doesn't want to keep paying spousal support. There is no evidence of him on camera, however, there is evidence of me placing camera on a shelf. The other catch ...

    Joseph’s Answer

    Lord woman, why would you ever believe your cheating husband? Is he an attorney, does he have a law degree or is he just the run of the mill a******* in a divorce case? He can't file charges, state, federal or otherwise - only a DA or a federal prosecutor can file charges. If I had a nickel for every time someone threatened to "file charges" I'd be relaxing on a beach at condo in the Bahamas sipping a Mai Tai. Alas. I'm some poor soul defending poor misunderstood clients from their own stupid behavior.

    See question 
  • Committing perjury to a judge by an Attorney, what are the consequences if any ?

    While sitting in on a RTO hearing for my son, I heard statements made by my son's wife's Attorney that are absolutely false and can be proved. What I am really perplexed about is this. How is it that an attorney, who is an officer of the court, li...

    Joseph’s Answer

    If I had a nickel for every time someone said "the attorney is lying, the judge is lying, my ex-wife is lying" I'd be a very rich man. Unfortunately, I am not a rich man but a poor soul trying to solve my client's problems. As the saying goes, there are two sides to every story and then there's the truth. If this is so egregious, where was your son's attorney? Since I assume you got all your information from your son, I'll assume his story is half true and leave it at that.

    See question 
  • Can my felony be dropped of assualt with a deadly weapon .My boyfriend refused to testifiye against me for stabbing him...

    We were aruging I told him to leave my home..He refused... He was coming close to me to grab me. I with out thinking grabbed a kife and told him not to touch me...we were both drinking...he tried to take knife away from me.. He got stabbed in diff...

    Joseph’s Answer

    Another case where drinking and dangerous weapons intersect in a bad way. Just because your younger boyfriend does not want to testify against you doesn't mean that the DA won't go forward, especially with such serious charges. They will find him eventually, probably lock him up as a material witness and put him on the stand. As the other attorneys have pointed out, this site is not confidential, so stop talking about your case. If you have sufficient funds, hire an attorney and see if he can get the charges reduced if not dismissed. Otherwise, you will have to rely on the PD. By they way, ain't you a bit old to be engaging in this kind of nonsense and is this the best you can do? Former prison guard fired for drinking, he has two DUI's and he's a violent drunk. Oh and he's got PTSD.

    See question