Kresta Nora Daly’s Answers

Kresta Nora Daly

Sacramento Criminal Defense Attorney.

Contributor Level 12
  1. 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 over 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

  2. Search incident to arrest question

    Answered over 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

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

    Answered over 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

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

    Answered over 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

  5. Criminal law question

    Answered over 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

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

    Answered over 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

  7. Petty Theft, First offense

    Answered over 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

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

    Answered over 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

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

    Answered 8 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

  10. How should i go?

    Answered over 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

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