Kresta Nora Daly’s Answers

Kresta Nora Daly

Sacramento Criminal Defense Attorney.

Contributor Level 11
  1. What is statute of limitation for shoplifting in california?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. John M. Kaman
    3. Joseph Briscoe Dane
    4. David Jon Pullman
    5. Paul Louis John Takakjian
    5 lawyer answers

    Generally misdemeanors have to be charged within 1 year. If its a petty with a prior, and therefore a felony, its 3 years.

    5 lawyers agreed with this answer

  2. Is it illegal to trick a person into having sex?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Harry Edward Hudson Jr
    3. Jeffrey Neil Wilens
    4. Jemal K Yarbrough
    5. Robert David Richman
    5 lawyer answers

    Penal Code section 261(a)(4)(C) basically says that inducing someone to have sex through fraudulent means is rape. And yes, the individual would likely get sued. Posting the video on the internet would a) make it more likely the person would get sued. There are also a few other crimes that might have been committed. If you or someone you know engaged in this conduct you/they really need to hire a laywer.

    5 lawyers agreed with this answer

  3. How many trials for this certain offence...?

    Answered about 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Kresta Nora Daly
    3. J Charles Ferrari
    4. Jai Manhar Gohel
    4 lawyer answers

    How many times they would have to appear in court is anyone's guess. Court cases can drag on for months and sometimes years. Without knowing all of the facts it is impossible for anyone to give you a realistic estimate of possible sentences.

    5 lawyers agreed with this answer

  4. How many times can the DA dismiss and refile in a felony case?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Harry Edward Hudson Jr
    2 lawyer answers

    As a general rule they can dismiss and re-file once. There are some very, very rare exceptions to this which seldom come into play. If you are out on bail be sure and stipulate to the re-file or the court may refuse to transfer your bond over.

    5 lawyers agreed with this answer

  5. I PLEAD NO CONTEST TO A CHARGE OF ILLEGAL VEHICLE FOR HIRE, UNMARKED VEHICLE. (71.02)LAMC PAID A FINE, AND FINGER PRINTED.

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Andrew Stephen Roberts
    3. Elliot Rahmim Zarabi
    3 lawyer answers

    Probably not. You already plead and paid the fine. You should consider hiring a lawyer in the future to try and take this off of your record. I'm not familiar with that code section, it looks like a local ordinance. Talk to an LA attorney and its likely you can clean up your record if you don't have any other run-ins with the law [and assuming you don't have a prior record].

    5 lawyers agreed with this answer

  6. If a girl (17) and an adult male (27) kiss and NO SEXUAL CONTACT has been made, is the kiss cause for legal action?

    Answered about 2 years ago.

    1. David Jon Pullman
    2. Kresta Nora Daly
    3. Benjamin J Lieberman
    4. David Matthew Piper
    4 lawyer answers

    Don't do it. Kissing is probably not illegal unless some DA decides they want to charge it as 'grooming' behavior. Also be careful about more general allegations of contributing to the deliquency of a minor - the deliquency statute is very broad and covers a lot of different conduct. Without knowing more about the specifics of your relationship it's hard to give you a better answer. Be careful about what you write on text messages/emails - under certain circumstances 'sexting' can be...

    5 lawyers agreed with this answer

  7. Search incident to arrest question

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Elliot Rahmim Zarabi
    3. Slavik Steve Leydiker
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    A person does not have to be in handcuffs in order to be 'under arrest'. Whether or not a person is 'under arrest' is a factual analysis and takes into consideration what law enforcement had told the person, whether or not a reasaonable person would feel free to leave, and other factors. Determining if a person is legally 'under arrest' for search purposes is pretty complicated - if you have more questions you should retain a lawyer and explain the facts specifically to that lawyer. And...

    5 lawyers agreed with this answer

  8. When sited for a hit & run is alcohol testing mandatory or optional requirement for the involved officer?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Elliot Rahmim Zarabi
    3. Timothy Edward Campen
    4. Andrew Michael Limberg
    5. Isileli Tupou Manaia Mataele
    5 lawyer answers

    Alcohol testing is at the discretion of the officer. It can be charged as a misdo or a felony depending on the facts.

    5 lawyers agreed with this answer

  9. Convicted of a 148(A). Should I appeal the conviction? My attorney explained nothing to me in regards to an appeal. Jury trial

    Answered about 2 years ago.

    1. Deirdre Lynn O'Connor
    2. Tai Christopher Bogan
    3. Kresta Nora Daly
    4. John M. Kaman
    4 lawyer answers

    This is a very hard question to answer without a lot more information. Whether or not you should appeal depends on whehter or not there were any legal errors in your trial. The best thing for you to do is to file the notice of appeal [which you only have a limited amount of time to do] and then have an appellate lawyer evaluate the transcript. If the laywer says there is a basis for an appeal you should follow their advice.

    5 lawyers agreed with this answer

  10. Criminal law question

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Deirdre Lynn O'Connor
    3. Matthew Murillo
    3 lawyer answers

    Maybe. The judge can order the time be served concurrently or consecutively. The public defender would be in the best position to tell you whether or not that is likely to occur.

    5 lawyers agreed with this answer

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