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Kresta Nora Daly
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Kresta Daly’s Answers

311 total


  • I'm being charged with fellony H , so I'm putting 10,000 down write way . Does this help my case

    I have never been introuble with the law ever, I have two children that are special needs , I became power of attorney for a family friend, I did not know I was doing wrong by signing his name to his check, I thought that is the way I was suppose ...

    Kresta’s Answer

    You need to hire a local lawyer who can give you advice on how to defend this case. Don't post so many details on a public forum like this, the DAs office knows how to look at AVVO too.

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  • What happens after you post bail on someone who has immigration hold?

    His bail is 20,000 what happens if i post bail?

    Kresta’s Answer

    Nothing will happen because the jail will not release him because of the immigration hold. There are ways to get bail in an immigration case but you would have to ask an immigration lawyer for the details of how to do that.

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  • Statute of Limitations for filing claim with public entity to comply with CA Tort Claims Act?

    So the Statute of Limitations for wrongful arrest/false imprisonment (PC 235,237) seems to be 1 year as laid in CCP 340(c), but before suing a public agency you have to comply with the CA Tort Claims Act, and first file a claim with the public age...

    Kresta’s Answer

    This is a question for a civil litigator or a civil rights attorney.

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  • Do I need an attorney if I was charged with petty theft?

    I did not scan a few groceries in self check out by mistake. I was stopped by loss prevention upon exiting the store. I cooperated and went back into the store so they could verify my purchases. I went back in because I was confident I had scanned...

    Kresta’s Answer

    Yes you should hire a lawyer. Having a misdemeanor on your record can harm your chances of getting a new job depending on the industry in which you work. This particular charge can also cause problems if you are not a US citizen.

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  • Do you have a right to resist an illegal arrest with force, even if your resistance results in death?

    With so many instances about excessive force from law enforcement. If you know the arrest is illegal [for example you know you are innocent] can you legally resist even if that resistance includes or results in death of the cop trying to illegall...

    Kresta’s Answer

    This is an exceedingly complicated answer and the answer would depend precise facts surrounding the situation. It is conceivably possible you could encounter a set of facts in which this kind of resistance would be legally permissible but such a scenario would be very rare. You would be far better off to submit to the arrest and pursue your legal remedies against the law enforcement agency effecting the illegal arrest.

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  • Should I return a local police detectives phone call regarding a car rental that was returned late?

    3 months ago I returned a rental car after keeping it 3 weeks longer than I was supposed to. The local police department showed up at my work and told my boss they were going to arrest me and take me to jail if I didn't return the car, so immedia...

    Kresta’s Answer

    You have no obligation to return the call. They are calling you because they want you to admit things on tape and to law enforcement that they will later attempt to use against you. They very well may arrest you if you don't talk to them but that doesn't mean they won't arrest you if you do talk with them. Hire a local attorney to help you. In the meantime, don't talk to the cops.

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  • If i reduce my felony to a misdemeanor while I'm being charge w/felon in possession of a firearm will my current charge go away

    I have a previous felony. I have researched it and found out it is a wobbler. I am currently being charged for felon in possession of a firearm. If i get my previous felony reduced to a misdemeanor will my current charge go away. Since I will ...

    Kresta’s Answer

    If you reduced your prior to.a misdo ( which is pretty unlikely when you have charges pending) it won't change the fact that you had a felony at the time you were arrested.

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  • While on bail, can I possess a firearm?

    I have no previous felonies. However I am being charged with possession of a controlled substance while armed with a firearm ( HS 11370.1(A) ). As of right now i am on bail. Can I still possess a gun while on bail?

    Kresta’s Answer

    Get rid of the gun. Now. You legally can have it but if law enforcement or the prosecution finds out they will make your miserable while your lawyer proves your conduct was legal. Its not worth the headache this could cause you.

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