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Gayle Anne-Marie Gutekunst
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Gayle Gutekunst’s Answers

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  • What happens if there is no citation and no arrest just report sent to da on a petty theft?

    i was seen on camera they came to my house two days later and made a report

    Gayle’s Answer

    Sometimes in Madera and Fresno they will sit on a small theft charge like this (or kiting a bad check as another example). Then, they wait. If you keep surfacing for theft crimes they will resurrect this (within the statute of limitations - see Mr. Gross's answer) and heap on the charges. A variation on this strategy is that they get an arrest warrant but don't affirmatively serve it. They will wait until you fall into their jaws when your ID is run because you were a passenger in a car, etc. This will extend their time to file this charge.

    The bottom line is that you could get arrested and charged within at least a year. Do not pull this stunt again. Stay off their radar - no DUIs, no driving on a suspended license, no buying stolen iPhones at the swap meet.

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  • How much time can you get in juvie for third degree robbery even if you served time

    if your found guilty in trial

    Gayle’s Answer

    Please put the exact statute which you're referring to as "third degree robbery." You question also does not make sense to me. Are you asking what the sentence ranges are? Is it relevant to your question whether or not someone already served time for this crime?

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  • Can I motion the California Court of appeal to deny Respondent's request for Oral Arguments, after Respondent had declined?

    Court of appeal sent out a letter asking if parties were requesting oral arguments. Respondent filled out the form and served it, saying no. I, the appellant, filled out the form saying yes. 20 days later the clerk of the court emailed parties as...

    Gayle’s Answer

    There is more than likely no justice from the court of appeal who is driving this. This is automatically done by the clerks. So there is no "favoritism" being shown.

    Here is how this works: both parties are permitted to have oral argument. If both parties say no, there will be no oral argument. If only one party says yes, then oral arguments will happen even if the other party doesn't want one. If you wanted oral argument in the first place, what do you care that the Respondent now is agreeing with you? You're ultimately getting what you want: to argue in front of the court.

    If you are so contentious about something this small, I wonder whether you will have the detachment necessary to engage in productive participation in your appeal. I certainly hope that you are not doing this yourself.

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  • Was in a raleys and was accused of stealing by loss prevention and they were wrong can i sue?

    walked inside Raley's went to get a sandwich there's a long line so I decided not to so I turned and went back down to the front part of the store .4 they approached me ordered me too empty my backpack so I did and they found nothing I was in fr...

    Gayle’s Answer

    You can file a civil suit for this. I know personally of two cases where wrongfully accused shoppers sued and won. The damages weren't enough to buy a house with, but it was something.

    Your problem is going to be finding an attorney who is willing to bring this suit with little or no initial financial outlay by you. I am reclassifying your question under personal injury litigation so you get answers from experienced practitioners.

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  • My fiancé accepted a 4 year plea at 50%. It is his first time going to prison, can we still have his sentence modified?

    He is in on a (domestic) violent offence, even though he wasn't charged with a domestic just a violent offense with a non firearm weapon. Forgive me I forgot what the legal term of a skateboard is. He has a prior from 10 years ago.

    Gayle’s Answer

    He accepted this plea deal, but has he been sentenced? If he's been sentenced, then Mr. Heddings' 120 rule applies.

    If he has not yet been sentenced, and has just entered his plea, he can seek to withdraw his plea. If he does withdraw his plea, he'll be back in the process where he was before he entered it. All deals will be off.

    The sentencing judge has to accept the plea agreement; sometimes they don't. If the sentencing judge refuses to accept the plea agreement (even though another judge took the plea and accepted it) your fiancé has a right to withdraw his plea and, again, be returned to the same place in the process he was at when he entered the plea. (BY that I mean - for example, if he pleaded prior to preliminary hearing, if he withdraws his plea, his preliminary hearing will be set and he will proceed to that hearing as though a plea was never entered).

    I would guess a skateboard would be considered a "deadly weapon not a firearm."

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  • I have about 9 under the influences and my last case they gave me one year for misdemeanors my question is 3 months after I got

    Out.they searched my house and found a needle from a long time ago.I been clean and trying to do right. Are they going to still offer a year for first parafnila charge? Also my first court date are they going to take me in??thank. You

    Gayle’s Answer

    If you're clean and no longer slamming dope, and if you can get the money together, get a hair sample drug test to show that you have not been doing intravenous drugs for a long time. It might mitigate the paraphernalia charge.

    But, as Mr. Finnecy pointed out, you need some help "trying to do right." Get the support you need. The first thing you should do is take the court proof of what you've been doing to "do right." If you have been doing a 12-step program, take your attendance to court. If you haven't been doing one, start and take your attendance to court. Go to court with a plan. If you've been looking for jobs, list them for court with the dates you looked, etc.

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