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Deirdre Lynn O'Connor

Deirdre O'Connor’s Answers

1,339 total


  • How long will it take for the da to pick.up.my when it's file

    Deirdre’s Answer

    Typically, it will take a month or two. While they technically have up to one year for a misdemeanor offense, the DA cannot unreasonably delay the filing. If the do and your ability to defend yourself is harmed in the process, you may have a valid motion to dismiss.

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  • How can You prevent spouse abuse charges from getting filed if the DA hasn't received the report yet and nothing has been filed?

    Deirdre’s Answer

    Get a criminal defense attorney for your husband. Hopefully, she will have some ideas on how to avoid a filing. Giving a statement to the victim's office will not make the case go away. Look for an attorney who will prepare the case for trial, if needed, and who has experience with innocence cases. Unfortunately, many criminal defense attorneys presume their clients are guilty and see their primary function of getting the "best" deal. In order to get cases like this dismissed, they need to be thoroughly investigated to find evidence supporting innocence. Good luck!

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  • Is a defendant entitled to anonymity from an alleged victim in California?

    Deirdre’s Answer

    If I'm reading your question correctly, it sounds like you are not currently being prosecuted but you have reason to believe that someone filed a false report against you using a name other than your own--is that right? If the alleged victim filed a report using someone else's name, your name doesn't need clearing. If you think there is a report that claims the assailant is unknown, it's not going anywhere, unless she provided enough other info for the police to ID you as the suspect. You should tread carefully-- if you contact the police and say, "hey, she's talking about me! but I want to prove it's a lie" it will likely not work out for you. You really need to sit down with an experienced criminal defense lawyer privately to discuss why you think there is a false report and get advice on whether you should or should not do something about this.

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  • What should I do if my dad ran a red light with my car? Am I required to identify him?

    Deirdre’s Answer

    • Selected as best answer

    I think this is an easy fix, assuming you don't look like your dad's twin. Send a copy of your DMV photo and simply tell them you were NOT the driver. You are NOT obligated to solve their case. Ignore the questions you don't want to answer, but don't lie.

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  • I was upset with a friend of mine, I texted him, “I’m going to kill you”! I didn’t literally mean it! Can. Be charged with a cr?

    Deirdre’s Answer

    Based on the information you have provided, it appears unlikely that you'll be charged with threats. Your friend is clearly not feeling threatened but rather is using it as leverage to keep your car. It would be ideal if you had something in writing and/or a witness confirming the extortion. You should tell him in writing he needs to return your truck ASAP or you will report it stolen, though be sure to recount the history of the extortion in that writing. You should not have any undocumented conversations with him until this is resolved. Do it in writing or have a witness with you.

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  • Advise related to criminal trial

    Deirdre’s Answer

    Yes, your lawyer can impeach her with prior inconsistent statements. And definitely, your lawyer can and should use any evidence of prior false accusations. Sit down with your lawyer and go through all this. Make sure you two are on the same page about this. If you are, there is really no reason to post all these details online. You run the risk of it coming back to haunt you in trial and you tip the witness off. If you have concerns about your lawyer, get that straightened out ASAP.

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  • DA is charging me with battery for a fight that was 100% mutual combat?

    Deirdre’s Answer

    You should not defend yourself. First, you're not a lawyer (I presume). Second, you're emotionally invested and that can cloud your judgment. Third, it will sound defensive coming out of your mouth. If you can't afford one, get a public defender. If you absolutely insist on going it alone, look up the CALCRIM jury instructions online so you can see what the DA has to prove and what kinds of defenses you have.

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  • I am a victim of domestic violence in California. I got a subpoena to testify from the state, I don’t want to testify ?

    Deirdre’s Answer

    First, sending you a subpoena by mail is NOT proper service UNLESS you call and confirm that you received the subpoena. They MUST serve you in person. Second, you cannot be held in contempt if you refuse to testify; however, your prior statements to the police will come in if you are called as a witness and either refuse to testify or testify inconsistent with what the police report you previously said.

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  • Can I see the police department for unlawful arrest?

    Deirdre’s Answer

    You might; need more facts. Depends on how much MJ was in the car and if a reasonable officer would believe they had PC to arrest you for that charge. Also depends on whether the cop lied about anything you did or said to make a stronger case for prosecution. Consult with a few civil rights lawyers privately to see if you have a case.

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  • My father is trying to become a citizen but he has an arrest on his record but was never charged, how can we remove it?

    Deirdre’s Answer

    He can try to file a petition for finding of factual innocence or a motion to seal. There are issues regarding the delay but I've had courts overlook the 2 year deadline in factual innocence cases so it can happen. Getting it sealed without a finding of factual innocence is also a possibility. Consult with an experienced criminal defense attorney who handles post-conviction motions. Best of luck.

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