Skip to main content
Susan Marie Hearne
Avvo
Pro

Susan Hearne’s Answers

205 total


  • Does a prop 215 avoid arrest?

    I love marijuana and have some medical needs for it. I am on probation but want to smoke weed. Can i just smoke it if i get a 215? Or do i ask a judge? Or can i still be arrested? I do not want to get in any trouble i just love smoking. I am not ...

    Susan’s Answer

    If this is in Butte County, it's a conservative place. You can or cannot smoke MJ based on the terms of your probation. If the terms are " No MJ, or no 215", then you could hire an attorney, ask for the terms of probation to be "modified". If on formal probation, and you have a felony, you'll need to be in court. Medical MJ can be a reasonable request, but I'd make the Judge n Probation officer, if you have one, say it's OK.

    See question 
  • Out on Bail for Felony Warrant in CA

    I was arrested in WA for a felony warrant I have in CA. I posted a $90,000 bond in Snohomish county Washington to be released for the fugitive hold awaiting a governers warrant. I want to get this taken care of without riding the prison bus down. ...

    Susan’s Answer

    Come down on your own and hire an attorney who can help you. Hire one of us to appear with you to get the bail set and deal with the case ASAP. Have a job you need to be released to, a clean n sober place to live, outpatient services already lined out and $$ for a private GPS system so you can stay out. You are welcome to write with specific questions. Best of luck, get this monkey off your back !

    See question 
  • Does a search warrent have to have the correct address

    search warent with incorrect address

    Susan’s Answer

    1525. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. The application shall specify when applicable, that the place to be searched is in the possession or under the control of an attorney, physician, psychotherapist or clergyman. This means the address should be correct. There are then valid reason's for the wrong address, such as a type, by clerk not familiar w/ the case or other "good Faith" Issue. Need to see the warrant, affidavit who wrote it, etc.

    1526. (a) The magistrate, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them.
    (2) The oath is made using telephone and facsimile transmission equipment, telephone and electronic mail, or telephone and computer server, as follows: (A) The oath is made during a telephone conversation with the magistrate, whereafter the affiant shall sign his or her affidavit in support of the application for the search warrant. PC1527. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.

    1528. (a) If the magistrate is thereupon satisfied of the existence of the grounds of the applicati

    See question 
  • Can they extend my probation for more than five years on formal probation if that's what I was given

    had disturbing the peace for fighting with gang enhancement in 2010 have had a few violations none for anything gang related

    Susan’s Answer

    If you violate probation, the court can extend your probation. Typically, if there is a violation of probation, your probation is stopped or "revoked". Once the cases are settled, then the probation term continues. For example, lets say you did one year of a five year probation term. At the one year mark, you get a violation. Probation stops. It takes 5 months to settle your case. You'd still have to complete the 4 years, but the balance would not start till after those 5 months. This would mean your probation would end 5 months plus the 4 years. You basically don't get credit for the 5 months you waited to settle the violation.
    The court can also extend probation. If the violations were not gang related, I'd ask my attorney to remove any gang terms for the added probation. Probation must be related to the crime. See People v. Carbajal (1995) 10 Cal.4th 1114, 1120 ("In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1....The trial court's discretion, although broad, nevertheless is not without limits: a condition of probation must serve a purpose specified in the statute. In addition, we have interpreted Penal Code section 1203.1 to require that probation conditions which regulate conduct not itself criminal be reasonably related to the crime of which the defendant was convicted or to future criminality." You can also hire an attorney and request to amend or terminate probation.

    See question 
  • How much jail time with .25 blood levels

    I am being charged with a dui with blood alcohol level .25 Do I have to do jail time if so how much? Or could I switch it for community service

    Susan’s Answer

    The answer is it depends. Typically a BAC over .20 is 96 hrs. in jail plus a 9 month DUI class. If you've had priors, were on probation at the time of the incident, etc. that will all add up. The best way to start your defense is to interview and hire an attorney. Your attorney can review the reports, check for calibrations on the equipment used, challenge the BAC. levels and the stop. You can do a GPS anklet in Butte Co instead of jail, but it's the jail's decision.

    See question 
  • Lifting a no contact order?

    My boyfriend is on probation and we got into a huge argument. I slapped him he pushed me we rolled around on the floor shoving and smacking, angry at one another. My neighbors heard us yelling and called the police. He got arrested for a seperate ...

    Susan’s Answer

    Any criminal charge cannot be changed by the victim. The charge is the people of the State of CA v. your boyfriend. If the concern is a violation of probation, again, very little the victim can do in this county. If you believe you are in some sort of trouble, you can talk w/ an attorney n get some guidance. The no contact order can be chafed, but it is up to the judge. In Butte County, the judge will typically want to see a few months of good behavior before she'll approve a change in that order. Can eventually be changed for a no contact order to a "no negative" contact order. This means no fighting. There are many good attorneys in this community that can be hired to assist you.

    See question 
  • Is there something we can do to reduce a 5 year sentence for a DUI since its a non violent crime?

    It is his third DUI within the 10 year period that is why it was a felony, other then DUI he has a clean record.

    Susan’s Answer

    We're getting a lot of these questions for immigration purposes. A second DUI will have 5 yrs. of probation. A Case cannot be expunged until probation is completed. An expunged DUI can help w/ certain immigration issues. We're done a few of these. We can go back to the court and file to have a shorter probation. You need to give them a good reason, and show what a good person you've been. We can also ask the court for a terminal sentence, which would be 6 moths to 1 year of jail. If this is in Glenn County, they have allowed a GPS anklet instead of jail time. The fines and classes need to be paid off for an early termination of probation. There is a good Immigration Attorney in town, Laureen Lane. Her ph is 530-330-5396. Her office is in Chico.

    See question 
  • DUI expungement

    In 2007 when I was 18 I got a DUI in CA. It was the first time I had been in trouble and I haven't been in trouble since. I plead no contest to 1) 23152(a) VC M 2) 23152(b) VC M and then it says ct 1 was dismissed. I received 3 years of unsupervis...

    Susan’s Answer

    The short answer is it depends. Some Counties but this on the calendar in front of a judge, other Counties just allow a judge to review in their office. The DA may oppose your case if there are any violations after this incident, which would then require an appearance. Also, not that an expungement will not change your DMV history, only the court record. Best of luck for a bright future !

    See question 
  • Can someone be charged with dissuading a witness in California if th associated crime charges were dropped?

    A friend was charged with robbery and a few other add on's. He spent 3 months in county jail and then the charges were dropped. Before they released him, they charged him with the sole charge of dissuading a witness. How can they do this? If t...

    Susan’s Answer

    Yes, you can be charged. It is possible that the case was dropped BECAUSE of the dissuading of a witness. Well, the DA may claim that. If charges are dropped, it may be that there is not enough information to prove guilt. But there may be enough to show the dissuading. Butte County is a conservative place.

    See question 
  • 23152 n 11550 second time

    My friend got pull over for 23152 and 11550 she not drunk but she was DUI for drug and they take her to jail and she got a blood test they let her go before 48 hour does she need to tell the DMV within 10 day when she was out she got her license b...

    Susan’s Answer

    It won't hurt to call DMV. If the alcohol level is below a .08, dmv should not suspend her lic. However, once the Admin. per Se form is filed, dmv could automatically suspend her lic. If not contacted. To be safe, just contact DMV so you don't fall through the cracks.

    See question