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Russell A. Wyatt

Russell Wyatt’s Answers

106 total


  • How do I petition to REDUCE CHILD SUPPORT? How do I get my License reinstated?

    My license are suspended every year. I do not make half the money I use to make.

    Russell’s Answer

    You will need an FL-300 RFO with a new InE, the FL-150. Once your support hearing passes and you have a reduction you have to pay any amount still owed before petitioning to get your CDL back. I hope this helped, get your RFO filed as soon as you can.

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  • I was wondering how much jail time or what my boyfriend is looking at with his charges?

    this is his first time in jail other than a previous under the influence about two weeks ago. Chg Code Section Code Description CL* 1 1 459 PC BURGLARY F 3 496(A) PC REC KNWN STOLN ...

    Russell’s Answer

    I will agree with the other attorney. These are very serious charges and could have well over 10 years. The DA will likely make an offer to resolve everything as a global offer. He needs an experienced defense attorney. If you can afford to retain one I would suggest doing so as soon as possible.

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  • In first time stealing from store. what kind a punishment is possible.

    It's first time That I steal from store and got caught up

    Russell’s Answer

    There are a lot of factors to consider and no easy answer. PC 484, theft is punishable by 0-180 days. It depends what you were caught taking and how you behaved while this went on. Your age may also play a factor in what they do. I had a client yesterday who was caught twice in a year and both times it was under $50. The DA's offer was 90 days if they took it that day or 150 if they waited.

    I hope this helps. If you are able to afford an attorney I would suggest retaining one. Theft is taken very seriously.

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  • Is my patio considered personal property in Galt, Sacramento County, California?

    I live in an apartment complex. There are apartments on both sides and one above. The patio itself is surrounded by a five-foot fence and is connected directly to the apartment.

    Russell’s Answer

    • Selected as best answer

    Personal property typically refers to things that are movable, like your clothes, car or jewelery. Real property typically refers to lands and space. I think what you are trying to ask is if your patio is yours to privately enjoy. It would depend on your lease and the understanding between you and your landlord. However if you have a fence around the area and the only way to access it would be through your residence then it "should" be implied that it only meant for you. I hope this helps you.

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  • I'm divorcing, can my husband force me to change my last name?

    I live in California & he wants me to stop using his last name now before divorce is final. He's been writing to me using a name I don't even have anymore. I'm afraid he's going to use the 'fake' name on the divorce papers & it won't be legal.

    Russell’s Answer

    Short answer... no

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  • Can ex-roommate or police enter my home (Im only one on lease) now that he has returned his keys & filed a change of address?

    We originally had a 6 month lease, which he made it halfway through. Lost his job and moved back home with his parents. When he moved he loaded up his clothes, bedsheets, and most all of his belongings, and returned his key to me on the way out. I...

    Russell’s Answer

    From what you have said in your question it doesn't sound like your ex roommate or the police have a right to enter your home. The police do not like to get involved in a civil issue and it is your 4th amendment right to keep them out of your house if they don't have a warrant or exception which doesn't seem to be present here. If they insist on entering your home ask them to get a supervisor on the scene.

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  • Pro-bono family law lawyer

    Does anyone know of or willing to take a divorce case. I retained a lawyer and am not happy with her. I really cannot afford to pay another retainer fee. Any help would be greatly appreciated.

    Russell’s Answer

    Depending on the situation I might be able to help. If I can't I will get you pointed in the right direction. The other attorney is correct, self help is there. But if I can help with a specific question I will.

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  • Two male 16 years olds and a 15 year old female were drinking at a house with there parents there with a couple other kids.

    The two males had sex with the 15 year old female. What kind of charges could happen to them and there was also a 18 year old high school kid there drinking and didnt stop them from having sex. What could happen? Its under investigation at school ...

    Russell’s Answer

    This question is a little confusing. If there is someone present for a action and they do nothing to stop it then it is typically not actionable. One exception is if there is a duty. Such as with the parents as they are guardians of the children. It could be considered child endangerment, which is a crime. As for the 18 year old, unless they did something to aid or help the action, I don't see a crime committed by them. That is not saying the DA won't still charge them with something. If you are the 18 year old I would talk to a local attorney.

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  • What kind of CA license will I get with 2nd DUI that occurred years ago, but I own no vehicle?

    I got my 2nd DUI in FL in Jan. 2008. California DMV did not catch up to it until late 2010 and then administered a per se action of 2 year suspension dated back to the date of the incident - Jan. 2008. Because I live in SF, I got rid of my car in ...

    Russell’s Answer

    It's likely a restricted license. I agree with the other attorney, the SR-22 is something you will need to have as well. It is important that you not drive without a license at this point. A 14601.2, driving on a suspended license can lead to 10 days in jail. Good luck

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  • Will i be reqiured to attend an 18month California dui program if my first conviction was more than 10 years ago?

    I received my 1st dui conviction at the age of 17 (in 2004) & no dui classes were required! I then got my 2nd dui at the age of 19 (2006 non-alcohol) & 18month dui classes were imposed by courts & Dmv! I was able to go in front on a judge & remov...

    Russell’s Answer

    I agree with the other attorney. This is not your first DUI in 10 years. The other DUI is a DUI with alcohol or not. If you are found guilty or enter a plea you will likely get the classes imposed. Have you been to court yet? Have you gotten an offer from the DA? You also have to consider the administrative suspension that comes with a DUI. If you did not request a hearing they may have already suspended it without the courts doing anything.

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