Gayle Anne-Marie Gutekunst’s Answers

Gayle Anne-Marie Gutekunst

Criminal Defense Attorney.

Contributor Level 17
  1. Why won't the Public Defender return my calls? Can the arrested person order their PD to not talk to certain people?

    Answered almost 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Isileli Tupou Manaia Mataele
    3. David Jon Pullman
    4. Staycie Renee Sena
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    Please bear in mind that the PD is not obligated to return your calls; you are not the client. Unless the client gives the PD authority to speak with you, all the PD can do is disclose things of public record, like court dates, charges, etc. I really, really sympathize with you; two of my closest friends have sons with bipolar disorder and have always been frustrated getting this critical information to their sons' attorneys. I don't know what kind of messages you've left, but a voicemail...

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  2. When should I contact a criminal defense lawyer? My first court date is in 10 days!?

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Shawn Michael Haggerty
    3. Andrew Stephen Roberts
    4. Brian Russell Michaels
    5. Richard D Huffman II
    6. ···
    7 lawyer answers

    Start looking immediately for an attorney. If you reach an agreement with someone you feel comfortable with but cannot finalize the payment arrangements by the time of your court date, go to court, tell the judge that you are just about to "ink the deal" with this particular lawyer, and ask for a couple of weeks to complete the representation arrangement. The court will more than likely accommodate you. (I have never seen a judge NOT accommodate a person with this request.) You are...

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  3. 3 misdemeanors applying for US citizenship

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Samuel Patrick Ouya Maina
    3. F. J. Capriotti III
    3 lawyer answers

    I've changed the practice area to "immigration." Immigration attorneys are familiar with these scenarios and can give you better advice than an attorney who specializes only in criminal defense.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Realistically..what can a pvt attorney do above a public defender?As far as conviction and consequences he will face?

    Answered over 1 year ago.

    1. Joshua Sachs
    2. Gayle Anne-Marie Gutekunst
    3. John M. Kaman
    4. Douglas Holbrook
    4 lawyer answers

    I spent almost half of my 32 year legal career as a PD. The other 18 years have been spent either in firms or in private practice, as I am in now. I don't want to jump into the debate which your questions raises. However, I will say this: If you can afford to expend some funds, but not enough to hire private counsel, you can assist the public defender's representation by paying for some of the experts or investigation yourself. Public defender budgets are limited. For example, sometimes...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I received a subpoena when I was 16 years old but never went to court . Will this affect me today that I am 24 years old ?

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Nicholas Milan Loncar
    3. Michael Kevin Cernyar
    4. John Paul Thygerson
    4 lawyer answers

    If you violate an order to appear as a witness (the order is usually in the form of a subpoena) for a trial or other evidentiary proceeding, the court can send law enforcement to find you and haul you into court on a contempt of court charge (and make you testify). If you continue to refuse to testify, you can be placed in custody until the proceeding is over - unless you change your mind of course. No one is looking for you because you didn't honor the subpoena 8 years ago.

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  6. I don't know what kind of lawyer to call . I was detained by Kohl in South Orange County for shoplifting . I don't shoplift .

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. Gayle Anne-Marie Gutekunst
    3. Paul J Molinaro
    4. Seth Andrew Weinstein
    5. Sagi Shaked
    6. ···
    7 lawyer answers

    Mr. Dane answered your question about the authority of the store personnel to detain you. I am going to change the practice area to "litigation" because if you want to sue Kohl's you will need an attorney who is a civil litigator.

    12 lawyers agreed with this answer

  7. I have a good locally famous attorney, can I get probation for first offense felony?

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Elliot Rahmim Zarabi
    3. Lewis Robert Rosenblum
    4. Joseph Briscoe Dane
    5. Michael Douglas Shafer
    5 lawyer answers

    Not trying to dodge the question here, but you have retained a "good, locally famous attorney." Ask that attorney. We are not going to give you a second opinion, especially without having all the information that your attorney has access to. Hiring the attorney was a good idea. Keeping $6,000 cash hanging around was not.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How does a citizen file a complaint on a Judge?

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Alan James Brinkmeier
    3. John B. Reilly
    3 lawyer answers

    Here is the website with all the information about how to file a complaint against a sitting California judge: http://cjp.ca.gov/file_a_complaint.htm It was probably a good idea not to confront Her Honor at that moment. Judges are human and, even though held to a higher standard of fairness, often fail to rise to that standard. Wait until the trial is over to file your complaint. I agree with Mr. Brinkmeier's observations that there isn't much to go on. But it would probably be helpful...

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  9. Would the defendant be there for the trial confirmation ? ( per - trial )

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. Joseph Salvatore Farina
    3. Ross Benjamin Green
    4. Patrick Owen Earl
    4 lawyer answers

    See my other two answers. Your uncle would most certainly have to be there. If there is a resolution proposed (by either side) your uncle has to agree to it in order for it to take effect. His attorney cannot plead guilty on his behalf, most especially in a murder trial.

    11 lawyers agreed with this answer

  10. I went to court and the public defenders office said that they can't represent me because of conflict of interest . Why ?

    Answered over 1 year ago.

    1. Gayle Anne-Marie Gutekunst
    2. David Matthew Piper
    3. Frank Mascagni III
    4. John Anthony Tello
    4 lawyer answers

    It seems pretty clear that they represented the co-defendant in the past, were appointed to represent the co-defendant in this case, or have represented a witness in the past. It would be inappropriate for the PD to declare the details of the conflict, so no one is keeping it a secret from you on purpose. The standard for declaring a conflict is whether the lawyer acquired any information during the course of his representation of one person which could impact his representation of the...

    11 lawyers agreed with this answer