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Bianca Alize Jimenez

Bianca Jimenez’s Answers

162 total


  • When a case is dismissed after a mistrial, can it be expunged from arrest record?

    Bianca’s Answer

    The vehicle for "expunging" an arrest record would be a motion for a finding of factual innocence. This motion requires proof that you are innocent of the crime charge. With this high burden, it is recommended that you seek counsel before filing in order to increase chances of success on the motion. In your post, you noted that your were violated by the Judge which points to there being some evidence of guilt of the crime which would negate a finding of factual innocence. You can consult an attorney but it doesn't sound like you have a basis for a finding of factual innocence.

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  • How much time will I need to serve toward a 270 days sentence ? Does prop 47 apply to my charges below?Can felony be reduced?

    Bianca’s Answer

    You will serve half the sentence or 4 1/2 months less any credits for time already served.
    Prop 47 does not apply to the charges you outlined in your question.
    VC 2800.2 Reckless evading is a wobbler (throughout the State of California) and it is a wobbler and can be charged as a felony or misdemeanor in any county in CA.
    If you are interested in getting the charge reduced in the future, you should hire an attorney to assist you.

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  • My boyfriend is in jail for a four violation ?

    Bianca’s Answer

    When a person is in violation of probation, the court can suspend the probation while the violation is pending thus extending the probation period. Violations do not toll the original probation period so each of his four violations likely extended his probation period. He will serve his entire six months, but as Jay said you can look into trustee positions at local jail or perhaps Fresno County has a work release program on which he can serve a portion of his sentence.

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  • Would a Romero motion be granted in a dv case?

    Bianca’s Answer

    Every case is special with its own facts and handling. The information provided is not enough to assess the course of action being taken. You need to talk to the attorney handling the case about the strategy or you will need to hire and consult with outside counsel if you are wanting another opinion. But first talk strategy with the attorney you have, they have the most knowledge about the case.

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  • When I apply for jobs they run my back ground report and it's a lengthy one, it's been very difficult to find a job.

    Bianca’s Answer

    Agreed that there is no true expungement in CA absent a pardon. The petition for dismissal is helpful and will allow you to say that you have no conviction if granted. It results in your plea being withdrawn and the case being ordered dismissed. This dismissal will show on your criminal background check which can be helpful with some employers and licensing boards. You should consult an attorney or contact with San Diego Public Defender, if you are indigent.

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  • Does my boyfriend need to go back to court to get his 5 year enhancement removed or does it automatically come off his sentence?

    Bianca’s Answer

    While it is great that you are thinking proactively about cleaning up his record, your question is confusing to give you any definitive answer. With recent changes in the law and a push to clean up the wreckage of rehabilitated individuals, he would be wise to consult an attorney in the jurisdiction where his crime occurred to see what can be done for him. Many offer free initial consultations.

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  • I gotta turn myself in for a 90 day sentence with 6 days credit how long will I be in la county

    Bianca’s Answer

    LA is tricky as they are so overcrowded. Anything 90 days or lower is likely a book and release there. That said legally you would do 45 days on a 90 day sentence but in LA that would the least probable outcome.

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  • Can I fire my PD? My son is on an attempted murder case and I don't feel he's doing his job

    Bianca’s Answer

    Agreed that the client is your son and only he can “fire”his attorney. He also has no duty toyou and therefore does not need to and possibly can not communicate to you about the case. If your son chooses to fire his attorney the options are hiring an attorney or representing himself (“going pro per”). I do not advise the latter and the former will be expensive as you get what you pay for in the legal system as elsewhere. The PD will not attorney swap for you as that would cause chaos in their office if they had to change attorneys everyone there was dissatisfaction.

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  • I received a subpoena i am the victim in the case but i wish to not testify do i have to ?

    Bianca’s Answer

    You cannot be forced to testify but the subpoena is a legal order to appear in court. That said the District Attorney is the office prosecuting your boyfriend and based on your post his duties are at odds with your interests. I would advise you to contact the attorney representing your boyfriend to express your disinterest in prosecuting. He/she will likely assist you in obtaining a court-appointed attorney to represent you as the named victim.

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  • Why was i aressted after i finshed my pc 1000 class finshed all reqirements.

    Bianca’s Answer

    The person who arrested you (PO, police officer, court officer)should have advised you of the reason for your arrested. At this point, you should contact the attorney who handled you PC 1000 to get information. They would be best equipped to answer your specific question and ascertain the specifics of your case and arrest.

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