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Joseph Salvatore Farina

Joseph Farina’s Answers

1,391 total


  • Was I misled/overcharged by the criminal defense attorney?

    My son was arrested on several charges; 3 felonies and a misdemeanor. I hired an attorney for him the evening before his arraignment, and gave the attorney $7,500, which I understood to be a "retainer". The attorney never showed me the Attorney-...

    Joseph’s Answer

    You should immediately contact the attorney and ask to see the contract. Next! insist on an accounting in writing. If he is not cooperative, contact your local bar association and ask for a fee arbitration. If all else fails, contact the State Bar and ask for their assistance.

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  • Help ! Need to hire robbery expert

    Boyfriend charged with attempted robbery. No violent priors no gun charges. His number got traced back from a craigslist add for a phone that he tried to sell and the man is testifying against him saying he tried to rob him at gunpoint when my bo...

    Joseph’s Answer

    Really no such thing as a "robbery expert". Most criminal defense attorneys handle robbery cases as part of a general case load. Usually you will find attorneys specializing in areas such as sex cases and homicides which can be very difficult to defend.

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  • My attorney persuaded me to take a plea bargain when i showed up to do my preliminary hearing. I wanted my pre lim not a plea

    how do i go back to court and get me preliminary hearing back I was tricked into taking 6 years and i went to court that day to do the preliminary and win. but because i didn't pay him in full he reneged and for three hours talk me into the plea a...

    Joseph’s Answer

    You can have your attorney inform the court you want to withdraw your plea but in my 28 years of experience, I have found that these motions are almost always a bad idea. Most of the time they are summarily denied and in reality, this sounds like buyers remorse.

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  • I'm trying to find help to overturn a conviction where a pretext call was edited multiple times in San Diego ca.... Probono

    My fiancé was convicted to 44 to life based on this pretext call that was edited had poor poor representation and we need to get the tape back into court for evidentiary hearing I'm in the Midwest trying to help and don't know who to trim to, alre...

    Joseph’s Answer

    I agree with my esteemed colleagues that you will be unlikely to find an attorney to handle an appeal pro bono. The cost of the trial transcript alone would be astronomical, not to mention the printing costs for the appellate briefs. And what makes your fiancee so special and deserving that gets some attorney to work free of charge? You're willing to pay for an audio specialist but not an attorney? And while we are at it, why does some hard working attorney always catch grief when the case doesn't go as planned? What evidence do you have that the pre-text call was edited? Where is your law degree and how many criminal trials have you handled? I have handled hundreds of child molest cases, many of which have gone to trial and have NEVER found a pre-text call that was edited. And if got 44 years to life, that means there was at least two children that were molested, if not more or the child was 10 years or younger. Or he was a serial rapist. Sounds like he belongs right where he is - away from the general public.

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  • Is the DA allowed to refile for the 3rd time, if the gun element is unproven because of the prior dismissals?

    Under Cal Penal code 1387.1 only 'violent felony' will be allowed to refile for the 3rd time. Violent felony is then defined under 667.5(c). However, the last element of 667.5(c)(8) stipulates that violent felony will include 'any felony in which ...

    Joseph’s Answer

    Confusing question. What do you mean the existence of the firearm was never ascertained by the DA? If you mean that the police and DA did not actually produce the gun as evidence, they are not required to. If the complaining witness said a gun was used during the commission of the crime, that is sufficient. However, if the gun was used to pistol whip someone, seems like there might be injuries to substantiate the claim.

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  • Am I allowed to bring a recorder into court with my son on prelim in calif?

    Pc187 prelim

    Joseph’s Answer

    You are not allowed to bring any recording devices into the courtroom. But why would you want to anyway? The proceedings are transcribed by a court reporter and your son's attorney will get a copy of the transcript after it has been prepared. If they find you with a recorder, they will take it from you and probably remove you from the courtroom. While I recognize your son is facing extremely serious charges, I'm sure your son's attorney is doing a good job. And if this is by chance a murder involving gangs, you can be sure the balliff and DA will be watching the audience very closely to assure there are no problems.

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