There are many ways the DMV can use your license as a tool to collect unpaid fees. One of the common types of fees that licenses are suspended for is unpaid parking tickets. Your best bet is to contact the DMV directly to determine for what exactly his license is being suspended. You can hire an attorney for this, but honestly it is something you can on your own. Now, I'd there needs to be motions filed with the Superior Court to force the DMV to correct a wrong, then hire an attorney. Good luck.
First off: stop talking about any of the deai,s of this invident on Avvo!
Since the police were never called there is no criminal proceeding. If you received a civil demand letter, it is just that a civil demand. This means that there is no criminal proceeding and only a request to pay the money they claim ou owe.
At this point you are obligated to go nothing. Ignore the letter and toss it into the trash. Unless pure served lawsuit papers on the mail or in person, you have no legal...
Your response is simple, nothing. If there were no police involved, then there is no criminal prosecution. A demand letters is Sears' way of getting some money from you for cheap. The only time you need to get a lawyer involved in this matter is if you are served with a subpoena and a civil suit has been filed against you. But from what it appears, you have no legal obligation now. Good luck.
The short answer is always speak to an attorney prior to giving up any of your constitutional rights. If you just plea and take whatever the DA offers you, you may to waive your right to a speedy trial, right to confront witnesses, the right to legal counsel...etc.
Even if you feel this is an open and shut case and don't want to spend to much on a private attorney, speak to the public defender and at least get their opinion on the matter. The PD may be able to shave some days off of the DA'...
Technically, the maximum sentence is 6 months, but most counties offer a diversion program which will require you to take a safety class about AIDS and the dangers of prostitution. The diversion is a pre-plea course which effected had the matter dismissed if you complete the course. Speak to a local attorney about this. Good luck.
This isn't a sign of his guilt or innocence. The other attorney is correct, a DNA database is being created which the law allows forcible additions from those charged with serious crimes, rather than after a conviction.
You need to put your conviction and it's consequences first. It is possible to get a sentence modification from the court. You should contact the attorney which represented you and ask that they set this matter on calendar to request a modification in your sentence. There may be programs in Hawaii which the court will allow you to take instead of in California. It's not uncommon for different States' programs to suffice for California ordered alcohol treatment programs. Good luck.
The DA has the decision to try cases or not. When they feel there is a self defense claim the potential defendant can make, very often they will not have to file charges. Some times a grand jury can be convienved to indict a defend at when the DA refuses to file charges, but this is rare over the objection of the DA.
The bottom line is that your brother unfortunetly brought a gun to a clandestine meeting which resulted in his death. I am also not aware of the legal term "overkill" and don't...
You definitely need an attorney, but first you need to stop posting about your case. You appear to have spoken to the police and compromisedy yourself. Any portion of the statement you made to the police office is admissible in court. He most likely did not have a case until you came down and "explained what happened".
You need to contact an attorney who can get the police report and find out what exactly is the case against you. Good luck.