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Robert Lee Marshall's Answers
- 3,909 Legal Answers
- 6 Legal Guides
5
Attorney answers:
I have a horrible criminal record.... two assaults, two contempt of courts, and animal neglect. I know... I never went to court
I'm a little confused... you said you never went to court, so are there warrants for your arrest? If that's the case, you can't get a so-called "expungement" because your cases have never been resolved. You need to hire an attorney to clear up any warrants; it may be possible to get the cases dismissed if they have been open for years and the police never made reasonable efforts to find you. If you were convicted of these offenses, you may be able to get them dismissed under Penal Code...
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5
Attorney answers:
Can all criminal defense lawyes be also a crime victim's advocate lawyer?
Anyone admitted to practice law in California can do any of the things you list. However, if you're just looking for someone to explain your rights as a victim, you don't really need an attorney. Most District Attorneys' offices have victim-witness divisions that provide these services free of charge. State law also guarantees crime victims the right to be informed of major developments in a criminal case.
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3
Attorney answers:
What happens if I do not appear in court for a probation violation?
You should really contact a lawyer in Washington, DC, where you are on probation. Generally, if someone doesn't show up, as ordered, for a probation violation hearing, the court will issue a warrant for the defendant's arrest. Most jurisdictions won't extradite someone on a misdemeanor case -- but there's no way to know whether DC authorities might make an exception related to your case. Remember, consulting with a lawyer who is not licensed to practice in the appropriate jurisdiction is...
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3
Attorney answers:
Cornered
This isn't really a criminal defense issue. Individuals -- even attorneys -- can't file criminal charges against anyone. Only the District Attorney can file a criminal case. The lawyer in question might sue you, but clients have many legal protections. How much money is the lawyer demanding? California law requires a written contract any time the anticipated legal expenses exceed a thousand dollars. You are also entitled to fee arbitration, which is a low cost dispute resolution service....
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4
Attorney answers:
(illegal stop) no proof or evidence any violation was committed
If you live in a gated country club community and drive a Mercedes SL, then you can definitely afford to hire a good attorney. Even if they've frozen all your assets and you qualify for a public defender, you shouldn't be blabbing so many specific details about your case on the Internet, where anyone can read what you've posted. Either way, your attorney can have an investigator interview witnesses who saw what happened, or get information about the addressing officers that might impact...
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8
Attorney answers:
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Are public defenders not as good as private criminal lawyers?
Here's what the California Court of Appeal has to say about public defenders: "It is almost a truism that a criminal defendant would rather have the most inept private counsel than the most skilled and capable public defender. Often the arraigning judge appoints the public defender only to watch in silent horror as the defendant's family, having hocked the family jewels, hire a lawyer for him, sometimes a marginal misfit who is allowed to represent him only because of some ghastly mistake on...
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3
Attorney answers:
When reducing a felony to a misdemeanor and getting the misdemeanor expunged in California, what are the results?
I don't like to use the word "expungement" because it creates a false impression about the extent of the relief provided by a dismissal under Penal Code ยง1203.4; in fact, the official Judicial Counsel forms don't use the e-word any more. You still have to disclose the conviction if you're applying for a government license or job. Check carefully when filling out three job application, and see if it has specific directions on disclosing convictions after a dismissal. A conviction dismissed...
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4
Attorney answers:
Do I need to report a DUI (expunged) to a private nursing school and private clinical sites?
A so-called "expungement" is actually a dismissal under Penal Code 1203.4. It does not seal the records; it just adds a note to the court records, showing the case was dismissed after successful completion of probation. In fact, the word "expungement" has been removed from the official Judicial Council form application for a 1203.4 dismissal. Private employers are not supposed to look for information about cases that were dismissed under 1203.4, and they are not supposed to consider them....
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3
Attorney answers:
Caught Shoplifting and need advice!
When the letter from the store's lawyers arrives, ignore it. Whatever you do, don't call any 800 numbers, or respond to them in any way, shape or form. Only the courts can make you pay a fine. The store is trying to get you to pay a "civil demand." If you pay them, they will promise not to sue you in small claims court... but I have never heard of anyone every being sued under this statute in California. The law firms that send out these letters for stores work on commission. If they get...
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3
Attorney answers:
Im in need of an attorney
If he can't afford to hire his own lawyer, the judge will appoint the public defender. It's impossible to give meaningful answers to the rest of your questions without a complete review of the facts. Even a misdemeanor conviction for burglary, which is a crime of moral turpitude (dishonesty), can have serious immigration consequences. Fortunately, most public defenders are well trained in immigration issues. Beware of any lawyer who says immigration issues aren't the concern of a...
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