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Kresta Nora Daly
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Kresta Daly’s Answers

311 total


  • Federal System ? Can anyone explain the difference between the following:

    The United States District Court and the US District Judge VS United States Department of Justice and US District Attorney for a district? Are these two separate from each other? Thanks

    Kresta’s Answer

    Your question is a little complicated. The United States District Court is a federal court. A US District Court judge is the judge in a federal court.

    The United States Department of Justice is a federal law enforcement agency. It is headquartered in Washington D.C. and the head of the agency is Eric Holder [at least for now]. Each federal district had their own United States Attorney who oversees investigations and prosecutions for that district.

    There is no such thing as a US District Attorney - the closest thing is the United States Attorney for a given district.

    The US Attorney for a district investigates cases. If someone is indicted an attorney from the US Attorney's office, referred to as an Assistant United States Attorney [aka AUSA] prosecutes the case. The case is heard in a United States District Court and a US District Judge presides over the case.

    The judge and the US Attorney's office are totally separate. The judges are governed by Article III of the US Constitution [the judicial branch of government], the US Attorney's office and the DOJ are both part of the Executive Branch of government.

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  • Is there anything better than an expungement for a misdemeanor from 1985?

    I got a misdemeanor charge in 1985 for PC 242, PC 415, and PC 594. I got an attorney to expunge it for me in 1999. I found out that the court destroyed my file in 1995. I recently applied to coach my daughter's soccer team, but they rejected me be...

    Kresta’s Answer

    An expungement is about as good as it's going to get unless you happened to be under the age of 18 in 1985.

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  • Federal Pre-Trial Diversion. Is Federal PTD available for a Federal Felony OR only Federal Misdemeanors?

    I know its extremely rare and unlikely. I know that it's almost never used. All I'm wondering is if its available for Felony OR only for Misdemeanor.

    Kresta’s Answer

    It probably is technically available on a felony but I have never heard of it actually happening.

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  • Can a law office from another state send you emails.

    I look at and read all types of pornographic stuff on the Internet including Japanese hentai,lolicon,toddlercon,and shotacon.Is that legal or illegal in the State of California?

    Kresta’s Answer

    Some of The images you are describing are illegal under both state and federal law. You need to quit viewing them now. Contact a local criminal defense lawyer to discuss what else you may need to do in order to protect yourself.

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  • I need advice on a 7 year +/- federal criminal case dl

    Docket # 1:06-cr-10335

    Kresta’s Answer

    We need a lot more information than this in order to give advice.

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  • Would not realizing the legal consequences of having narcotic pills not prescribed to me be a possible defense in a court case ?

    Charged with possession of controlled substance and transportation of controlled substance. Police searched desk in office , found bottle with up to 50 pills narcotic not prescribed to me. I had been given pills, found pills and simply gathered t...

    Kresta’s Answer

    Ignorance of the law is not a defense... neither is ignorance of the consequences of violating the law. If you're unhappy with your public defender you should consider contacting a local criminal defense attorney.

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  • The judge granted the motion on behalf of my fiance and not the D.A?

    so since his pd did an excellent job fighting against the da with this motion. The judge granted the motion to my fiance. What will happen next? This was regarding his case on assult with a deadly weapon on an officer that he never did in the firs...

    Kresta’s Answer

    You have to tell us what motion the motion was that was granted.

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  • Are there any Federal Laws against sex between a 16 YO girl and 27 YO man. Age of consent is 16 in Nevada.

    My sister-in-law is 16 years old and recently went missing for over 4 days. We later found out that a 27 year old man had picked her up and taken her from Nevada to California for a long weekend without parental consent. The age of consent is 16...

    Kresta’s Answer

    Criminal courts are generally not the best place to work out family disputes. If your sister in law went willingly and has been in a relationship with this person it makes it a very difficult and unattractive case for prosecutors.

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  • Is it legal to carry/use a foam bokken in public?

    I'm an amateur martial artists, been at it for a few months. I just recently got a foam bokken as a present from a friend, and we occasionally spar together at our dojo, but I wanted to train on days that our dojo isn't open. I wanted to train at ...

    Kresta’s Answer

    Whether or not its legal you are asking for problems. There are reports of being arrested for having bokkens - they were arrested for disturbing the peace. You're really setting yourself up for problems.

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