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Joseph Salvatore Farina

Joseph Farina’s Answers

1,693 total


  • How to I proceed with my problem. I can't expect my PD to file an appeal and be non bias.

    Filed a Marsden Motion that was denied. I requested a conflict attorney to help draft a Motion to withdraw Plea (pre-Sentencing). My public defender also agreed with my desire to have new councel appointed but the judge (not my case judge) d...

    Joseph’s Answer

    Sorry but you were not entitled to a conflict attorney if a Marsden motion is denied. The appellate courts have held that you don't just get a conflict attorney unless a Marsden motion is heard first . If the motion it denied, then no conflict attorney. File a notice of appeal within 60 days and you'll get a separate attorney paid for by the taxpayers.

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  • Who will listen to me? what sentence do I get? I need a attorney?who do I talk to in fresno ca?

    carjacking was the charge not D.v girlfriend was treated like a D.V victim that had changed her story-this wasn't the case, She had lied. under oath she evoked silence right, so no perjury. she tried to tell them he didn't do it directly after ar...

    Joseph’s Answer

    What do you expect strangers on the Internet to do? The defendant needs to be talking to his attorney who knows what is going on as opposed to us who know nothng about the case.

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  • How is this legal?

    I was physically assaulted my a Walmart securtiy guard after he chased me down the block. He also took my entire purse . my mother later showed up to complain and they said they would fire him but never did.

    Joseph’s Answer

    As one of the other attorneys pointed out, "physically assaulted" could mean a lot of things and interestingly, you didn't mention if you had stolen property that was recovered. Loss prevention officer legally have the right to detain you and call the police. And why did he have to chase you down the block anyway? I know- because you were trying to get away with stolen property and thought yo could outrun the security guard. Sorry but we've heard it all before - next time stop stealing stuff and you won't get detained.... oops I meant "physically assaulted".

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  • Can a DA take back a deal that was accepted

    I was offered a deal with a sentence of 3 years with half time. I accepted and signed it, but my public defender did not submit it. Now the DA is amending my complaint and giving me a new offer of 17 years with 80%. Is that possible, even thou...

    Joseph’s Answer

    Ops! That darn strike popped up. Looks like the DA found your strike before you could plead. Oh well... better luck next time.

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  • How or can he be giving permission to be around his biological daughter?

    My partner is a register sex offender and we just currently had a baby girl. Currently his still on probation and will be done with probation on April 2017. We would like him to be around his daughter; however, I'm assuming due to his probation it...

    Joseph’s Answer

    If it is his biological daughter, he has a constitutional right to be around her. However they may be able to require that a responsible adult be present so he is not alone with her

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  • Can i do serious jail time ? Can she really press charges against me even after giving us consent of dating ?

    I'm 19. My girlfriend is 17. She might be pregnant, her mom wants to press charges against me. Both her parents gave us consent of dating.

    Joseph’s Answer

    Sorry but parents can't give "consent" for their minor daughter to have sex. A minor cannot consent to sex in California. You are facing misdemeanor statutory rape charges but no sex registration. Time to lawyer up and STFU in case charges are filed by the DA. By the way, who told you her parents can give consent for their daughter to have sex, because they are wrong.

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  • Can I have sex with my girlfriend under these circumstances if I'm 18 and she's 16?

    I am currently 17 years old, my girlfriend turned 16 in November of 2015. I am going to be turning 18 in July and me and my girlfriend want to have sex for the first time. My girlfriend's parents have talked with her telling her that they would gi...

    Joseph’s Answer

    Sorry but you cannot have sex with a minor, no matter what her parents say. Yes it is statutory rape but it would be a misdemeanor. Keep it in your pants until she turns 18.

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  • What do I do to clear my son?

    How do I get a DA and judge information that my son is innocent and the codefendent has told his attorney, who has in turn told my sons public defender but the codefendents attorney will not let his client say it in court, and my sons public defen...

    Joseph’s Answer

    Of course the co-defendant is not going to say he is innocent and his attorney is just looking out for his client's interests. That why your son has an attorney and ultimately, it may take a trial to prove your son's innocence.

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  • What happens if report this to police? The crimes were not against me, and the victims aren't aware. Will he be charged?

    I came across my boyfriends phone and found some beyond believe stuff. Videotaping up girls skirts, he even went as far as to somehow record a public restroom. There's some of a young girl taking a shower. I dont think she even knew. He seems to...

    Joseph’s Answer

    He will be arrested and charged with various crimes. He will then be prosecuted by the DA's office and possibly have to register as a sex offendet. Think carefully as to what you want to do because obviously your relationship will be over, but maybe it's already finished.

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  • Is it illegal for us to date and does my mom get to choose who i can and cant have a relationship based off of her own opinion?

    I am currently 16 and was dating a 19 year old. We were under 3 years apart being that my birthday is 10/25/1999 and his is 11/10/1996. We had no intentions of having sexual inter course, just a relationship. My mother forced him to break up with...

    Joseph’s Answer

    Sorry but Mom gets to call the shots. You are not an adult and not emancipated. Until you are, your mother can decide who you see and can tell your boyfriend to go away. If Mom decides to involve the police, then your adult boyfriend could have some serios legal issues. Listen to Mom or your boyfriend will face the consequences.

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