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Joseph Salvatore Farina

Joseph Farina’s Answers

1,427 total


  • 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?

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  • 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.

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  • 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    My teaching credential was revoked after 15 years of experience and I lost my job due to the revocation.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.

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  • 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.

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  • 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.

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  • 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.

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  • I have a 52 year old friend, who is fighting his 3rd strike. would someone at your firm be willing to represent him Pro Bono?

    He was arrested for brandishing a knife on May 28th, in a dispute where the other guy also had a knife. he was arrested a week later.

    Joseph’s Answer

    • Selected as best answer

    Mr. Quinn in that AVVO is a database of attorneys, not a firm. That being said, you're friend will get a public defender if he can't afford an attorney. I don't think brandishing a knife would trigger the three strikes law, as I do't think it is a qualifying felony. In anycevent, sounds like probably has had the PD before with prior strikes. No attorney can afford to handle cases for nothing as we have biils to pay like everyone else and there is nothing special about your friend's case to warrant free services.

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  • My girlfriend needs legal advice! She has been arrested for DUI

    I saw my girlfriend earlier in the day and she looked and seemed fine. Later that night she was arrested for DUI. She was allegedly swerving but there is no video evidence. My girlfriend is innocent and she has been falsely accused. They claim she...

    Joseph’s Answer

    I understand that you are concerned about your girlfriend, but you are not the client, so you are not entitled to the police report, blood sample or any return calls from the PD. You can call as much as you want, but all you are doing is irritating her attorney. You are not a doctor and your "theory abut low blood sugar and its effect on BAC" can be found on the internet with about two minutes worth of searching. If you are that concerned, put your money where your mouth and hire private counsel instead of ragging on the DA. However, you will still not be the client and a privately retained attorney will still have no obligation to talk to you. Finally, since your girlfriend was not in custody, she is not entitled to her Miranda rights. If you were an attorney, you would be familar with the United States Supreme Court case of Pennsylvania v Mimms which held that during the investigative portion of a traffic stop, a defendant is not entitled to Miranda. So why don't you leave this up to the professionals?

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  • I have been charged with assault with a deadly weapon, but there is no physical proof of this happening. Can I be convicted?

    There was no weapon, no video footage, and we both have witnesses. I did not commit this crime, but the police would not take my statement, saying they "did not read me my rights.". The only "evidence" is a bouncer supporting the made up story of ...

    Joseph’s Answer

    Not sure what kind of physical proof you're thinking of, but exactly how intoxicated were you? Because the DA does not need physical proof to charge assault. Sounds like a typical case of "dueling witnessrs". And probably the cops didn't read you your rights because you were too drunk or belligerent. Just because you leave stuff out doesn 't mean we can't figured out what happened. I've represented a bouncer or two in these type of situations and not surprisingly, these cases usually end up being dismissed because the complaining witness was really drunk and obnoxious.

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