Kresta Nora Daly’s Answers

Kresta Nora Daly

Sacramento Criminal Defense Attorney.

Contributor Level 11
  1. My boyfirend was drinking and turned violent towards me and got arrested. We have a 3 year old child. He is being deported.

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Drew Allan Cicconi
    3. Harry Edward Hudson Jr
    4. John M. Kaman
    5. James J White
    6. ···
    6 lawyer answers

    I'm not totally sure about what you are asking. If you're saying you want to stop the deportation process the best thing for you to do is to contact an experienced immigration attorney - that person would be in the best position to help.

    5 lawyers agreed with this answer

  2. Petty Theft, First offense

    Answered about 2 years ago.

    1. Daniel R Perlman
    2. Jared Christian Winter
    3. Kresta Nora Daly
    4. Elliot Rahmim Zarabi
    4 lawyer answers

    Without meeting with your wife and reading the police report its impossible to tell her how she should plead. It is unlikely she would be deported but you need to consult with an immigration lawyer who can give her advice about what she can/cannot plead to and the potential immigration consequences. There are ways to take it off of her record. If you have the money you are better off to go with a private attorney who can give your wife more personal time and attention. For the most...

    4 lawyers agreed with this answer

  3. What is the difference between a writ for coram nobis and a non-statutory motion to vacate a plea/conviction?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. David Jon Pullman
    3. Joshua Sachs
    3 lawyer answers

    You are asking a very difficult question. If you are trying to vacate an old conviction you have limited options, you can try to get a certificate of rehabilitation. You should contact a lawyer and explain what your prior conviction is for and what your goals are - in other words why you want to clean up your record. Some public defenders offices will accept appointment on these kinds of cases so, if you qualify, you could get a free lawyer to help you. This is a pretty techinical area of...

    5 lawyers agreed with this answer

  4. Im on probation out of san diego for false imprisonment ; I had one year left on probation ; but left state without permission ,

    Answered 6 months ago.

    1. Kresta Nora Daly
    2. David Philip Shapiro
    3. Sean Fitzpatric Leslie
    3 lawyer answers

    You should check to see if you have a warrant out for your arrest on a probation violation. Given the current budget woes they probably wouldn't send anyone after you but they could and if you were arrested in another state you might get sent back to California. Your best bet would be to contact the lawyer who originally helped you about putting the case on calendar and getting the warrant recalled. You might be able to persuade them to allow you to transfer your probation via the...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How should i go?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Matthew Murillo
    3. Stephanie Michelle Arrache
    3 lawyer answers

    the easiest and cheapest way to do it is to go to the clerk's office and ask for certified copies. You could ask your defense attorney but they will likely charge you to do this because they have to spend time standing in line just like you do.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. When a search warrant is served on another person what is the legalities?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. John M. Kaman
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    This is a difficult question to answer. Search warrants aren't served on people. They are served on places. Arrest warrants are served on people. If you're dealing with a search warrant you'd need to know if the location searched was covered by the warrant. If it was then the search is valid. If the location was not on the warrant then the question is whether or not law enforcement was acting in good faith when they went into the room. If they were acting in good faith the search is...

    Selected as best answer

  7. VC M23152 (a) punishment?

    Answered 6 months ago.

    1. Douglas Holbrook
    2. Kresta Nora Daly
    3. Stephen Troy Allen
    4. William James Campbell Jr
    5. Dan Eugene Chambers
    5 lawyer answers

    Different counties have different rules. Many counties will require 3-5 years informal probation, at least 2 days in county jail, fines and fees. The other lawyer is correct, you could spend up to 6 months in jail and 5 years on probation but if its your first offense that's very unlikely to happen. Because amphetamine was detected in your blood its very likely that the court would order some kind of drug counseling.

    4 lawyers agreed with this answer

  8. I was not made aware that I was entering a plea deal. Can I still make a motion for a finding of factual innocence?

    Answered about 2 years ago.

    1. Robbi Abrams Cook
    2. Tai Christopher Bogan
    3. Kresta Nora Daly
    4. Jimmy Cha
    5. Amber H Lunsford
    5 lawyer answers

    There is probably a record, either of the court reporter taking your plea of a tape recording, where the judge asked you a bunch of questions. You may not have realized you were entering a change of plea. You should talk to a lawyer about the specific details of exactly what happened. Its probably a hard motion to win but worth checking.

    4 lawyers agreed with this answer

  9. If a petition for factual innocence is denied, can I appeal?

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. Jeffrey Scott Bullard
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    Yes, you can appeal the denial of a finding of factual innocence. This is an extremely difficult motion to win and you have to put together a lot of evidence in order to persuade the court to rule in your favor.

    4 lawyers agreed with this answer

  10. Do i need to disclose my shoplifting charge to the Board of Registered Nursing even though i went to a pretrial diversion

    Answered about 2 years ago.

    1. Kresta Nora Daly
    2. John M. Kaman
    3. Christine C McCall
    3 lawyer answers

    Yes you have to disclose it. Almost all licensing boards in California require disclosure convictions that were either expunged or dismissed through diversion. Make sure you submit all of the paperwork showing that the case was dismissed and that you successfully complete diversion. If you fail to disclose it and get caught you will cause far more problems for yourself in the long run.

    4 lawyers agreed with this answer

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