Robert Lee Marshall’s Answers

Robert Lee Marshall

Chico Criminal Defense Attorney.

Contributor Level 20
  1. I have a horrible criminal record.... two assaults, two contempt of courts, and animal neglect. I know... I never went to court

    Answered over 2 years ago.

    1. Robert Lee Marshall
    2. Sean Anthony Brady
    3. Andrew Stephen Roberts
    4. Charles Kevin Stoddard
    5. Elliot Rahmim Zarabi
    5 lawyer answers

    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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  2. Can you get felony bail money back if the charge is dropped to a misdemeanor?

    Answered about 2 years ago.

    1. Robert Lee Marshall
    2. Michael James Kennedy
    3. Mark K Rosenfeld
    4. Jeffrey Scott Bullard
    5. Graham Douglas Donath
    6. ···
    8 lawyer answers

    If your friend posted the full amount of bail in cash, he can get it back from the court. If he went through a bail bond company, he's out of luck. A bail bond is like an insurance policy that pays the full amount to the court if you don't show up. Once you sign on the dotted line and the company issues the bond, you're on the hook for the full amount. He might ask the bond company if they're willing to give him a break. The DA generally has legal protection against lawsuits for...

    14 lawyers agreed with this answer

  3. Can I appeal a felony that my husband plead guilty to (20years ago)?

    Answered 6 months ago.

    1. Robert Lee Marshall
    2. David Allen Brooks
    3. Jonathan R. Miller
    4. William Andrew Parry
    5. David Philip Shapiro
    5 lawyer answers

    Your husband would have to be the one who takes any legal action on his case. You can't do it on his behalf (unless you're his lawyer). No, there's nothing to appeal twenty years after entering a felony plea. It also appears that there was evidence that could have been used to convict him. He went into a store with a gun, along with a guy that just happened to commit a robbery. A reasonable person could conclude that he was there to assist in the robbery, which, in the eyes of the law,...

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  4. Is there a jury instruction for Penal Code Section 245(a)(4)?

    Answered 3 months ago.

    1. Robert Lee Marshall
    2. Joshua Kaizuka
    3. David S. Kestenbaum
    4. James Roy Dickinson
    4 lawyer answers

    The official California jury instructions are called CALCRIM. The instruction for Penal Code §245(a)(4), assault by means likely to cause great bodily injury, is CALCRIM 875, which also includes assault with a deadly weapon. Some parts of the instruction are in brackets, and there are blanks that would be filled in as necessary. The basic jury instruction is modified to fit the specific charged offense by adding or deleting information as necessary. You can download the entire CALCRIM...

    12 lawyers agreed with this answer

  5. Is it true that rape shield laws prevent your crazy girlfriend from file false rape reports against you to the police station?

    Answered 4 months ago.

    1. Richard Forrest Gould-Saltman
    2. Robert Lee Marshall
    3. Vijay Dinakar
    4. Andrew Steven True
    5. Greg Lavender
    5 lawyer answers

    If your girlfriend has made allegations that you raped her, you should not talk to ANYONE about this situation except an attorney. Rape charges are extremely serious. This isn't a do-it-yourself project that you can handle with a little advice from strangers on the Internet. The California rape shield law, Evidence Code §782, prevents the defense from introducing evidence of an alleged rape victim's prior sexual history. It does NOT help the defendant in a criminal case.

    11 lawyers agreed with this answer

  6. My DMV hearing is in one week. Can I get this rescheduled in order to consult with a lawyer?

    Answered 3 months ago.

    1. Robert Lee Marshall
    2. Michael Jon Fremont
    3. Andrew Stephen Roberts
    4. Jocelyn H Sicat
    5. Mark K Rosenfeld
    6. ···
    8 lawyer answers

    I would suggest you have hire an attorney, then have him or her contact DMV to request the continuance. DMV is more likely to agree to the continuance if you already have a lawyer, who needs time to prepare. If you've waited until a week before the hearing just to talk to a lawyer, that won't go over as well.

    10 lawyers agreed with this answer

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  7. If someone does not physically touch you, but follows you and verbally harasses you, can you legally punch them?

    Answered 3 months ago.

    1. Robert Lee Marshall
    2. Alan Ray Barnes
    3. Michael Charles Doland
    4. Brian K Wanerman
    5. Vijay Dinakar
    6. ···
    6 lawyer answers

    Punching another person is battery. It is a misdemeanor, but can become a felony if you inflict serious injury, or if you use force that is likely to cause serious bodily injury. CALCRIM, 960, the official jury instruction for battery, says "Words alone, no matter how offensive or exasperating, are not an excuse for this crime."

    10 lawyers agreed with this answer

  8. What state jobs are there where I Will not have to disclose my dissmissed expunged cases in california?

    Answered 5 months ago.

    1. Robert Lee Marshall
    2. Michael Amadeo Mazzoni
    3. Christine C McCall
    4. Andrew Stephen Roberts
    5. Carlos Andres Ramos
    5 lawyer answers

    Penal Code 1203.4 is not a true expungement, as you already know. It is post-conviction relief from some of the disabilities of a conviction. The section says, "[T]he order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission." The term "public office" may be broad...

    10 lawyers agreed with this answer

  9. Can all criminal defense lawyes be also a crime victim's advocate lawyer?

    Answered over 2 years ago.

    1. Robert Lee Marshall
    2. Harry Edward Hudson Jr
    3. David Matthew Piper
    4. Patrick T. Donovan
    5. Ryan James Tegnelia
    5 lawyer answers

    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.

    10 lawyers agreed with this answer

  10. HEADED TO PRISON, TIME ALMOST SERVED, PAPER RELEASE A POSSIBILITY?

    Answered 3 months ago.

    1. Robert Lee Marshall
    2. Jay Scott Finnecy
    3. Andrew Stephen Roberts
    4. Kevin H. Pate
    5. Erik Randall Beauchamp
    5 lawyer answers

    In order to be eligible for a "paper commitment," a defendant's time credits (including actual days served and any credit for good behavior) must equal, or exceed, the sentence. If he's thirty days short of serving the sentence, he is not eligible for a paper commitment and would actually be sentenced to prison. California Penal Code 1170(a)(3) says: "In any case in which the amount of preimprisonment credit under Section 2900.5 or any other provision of law is equal to or exceeds any...

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