Deirdre Lynn O'Connor's Answers

6th Amendment Speedy trial 45 plus10-does it apply to dui jury trial?

It may or may not be in your interest to force the trial to be heard within the statutory period. Often, the defense will need more time to adequately prepare the case for trial. It will depend on the availability of the state's witnesses (cops) and your lawyer's readiness to undermine the government's evidence. You should wait until the appropriate time to make a final decision.

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Convicted of a 148(A). Should I appeal the conviction? My attorney explained nothing to me in regards to an appeal. Jury trial

Penal Code 148 is a misdemeanor. The deadline to file your notice of appeal is 30 days from the date that sentence was imposed--usually, but not always, the same day the jury came back with a guilty verdict. People convicted of felonies have 60 days to file their notice of appeal. Assuming you are going to have court-appointed counsel, there would be no good reason not to file a notice of appeal. You can always abandon the appeal if there is no issue or there are collateral consequences (...

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Need an experienced attorney to seal the arrest record,.Penal Code 851.8

A Petition for Factual Innocence is by no means easy to get. And it certainly does require a credible claim of innocence. I agree with Mr. Kaman that the inability to prosecute is not the same as factual innocence; however, to the extent that Mr. Kaman's answer can be read to suggest that the merits depend on the prosecutor's reasons for not pursuing the case, I must disagree with (don't get mad John). The fact that the prosecutor declined to prosecute because there was unwilling witness or...

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Just detained for shoplifting - I literally forgot I had some items in my cart!

I understand why you think this might be something you can resolve on your own, but I would strongly urge you to have a lawyer handle the matter. Anything you say can be misinterpreted and used against you. For whatever reason the store has made a decision not to believe you. The odds of you changing their mind are slim. You need someone else to speak on your behalf. It may very well be that a lawyer can talk some sense into the store and they will agree to drop the case sooner rather...

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Can I see video evidence taken by store camera?

Of course, you are entitled to review it. And your lawyer absolutely needs to review it ASAP because good, bad or indifferent it is evidence in the case. Either way your lawyer needs to know what the video shows in order to properly defend you. Insist that your lawyer secure a copy and then sit down and review it with the lawyer ASAP.

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How to contact public defender assigned to my sister's case?

Yes, it is true that public defenders are busy. But they are also obligated to work up the case. Your sister is charged with a serious crime and she is entitled to effective representation. No lawyer can properly investigate or defend a case without speaking to the client in detail. I would be concerned if someone I cared about were sitting in jail and their lawyer hadn't found the time to get a detailed statement from them. Call the attorney again and politely ask for a return call. Have...

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Ive been charged with vc10851 with priors what can i do to get charges dismissed

You need to get a lawyer working on the case right away. The fact that you have priors for the same offense creates challenges. You do not have to know the car was stolen to be convicted of a 10851. While "the girl" may be provide helpful testimony, she could quickly change her mind once she understands that she is likely to be prosecuted for a crime. Also, it is not clear who was driving at the time of the arrest, but the fact that she stole the car or knew the car was stolen does not...

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Criminal law question

There is a very good chance that the second court for the driving with suspended license will run the time concurrently. By the way, it is the judge on second sentence that determines whether the time runs concurrent or consecutive to the first sentence.

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What can I if I have a warrant & I have never been in that city?

You need to the court to either dismiss the case or, at the least, issue a wrong person certificate until such time as your sister is arrested. A dismissal is the ideal solution. If you get this, you'll want to follow up immediately with a finding of factual innocence so that any references to this arrest are permanently removed from your records. The way you do this is to first have your lawyer review the court file to see if the file contains sufficient identifying information (booking...

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How do I get the information to show that charges dropped?

See my previous answer. Also, based on the additional facts you've provided, I would suggest you go to the court clerk's office and ask to view the file. There may be a notation from the judge in the actual file that indicates that the DA decided not to file. A copy of that notation may be sufficient for your purposes.

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