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Robert Louis Miller

Robert Miller’s Answers

541 total


  • DUI Arrest

    Robert’s Answer

    I agree with others that both an attorney would help you here, and the facts as they come out in any motions or testimony (or video) would be very important. It looks like you have a good case for a professional to help you with. Good luck to you with this interesting case.

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  • How long do you think somebody would get for these charges?? Orange County, CA

    Robert’s Answer

    Ultimately, the time you receive (and whatever other punishments you receive), is up to the judge. Most judges want to hear from the defense, and from the prosecution or parole officer, and decide what the punishment should be only after hearing the facts and arguments from everyone.

    This is a good opportunity to have your attorney advocate for you to minimize the punishment. You likely face prison time for violation of parole. Good luck to you.

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  • What can I do if I'm not arraigned within 48 hours of arrest

    Robert’s Answer

    Thanks for your question.

    The Supreme Court Decision in Riverside vs. McLaughlin, which discussed the 48 court hours after arrest rule, has been described by many judges as a "right without a remedy". (See https://en.wikipedia.org/wiki/County_of_Riverside_v._McLaughlin).

    Your criminal defense lawyer may want to bring a motion or challenge that failure to act, but it is a very high possibility that the lack of judicial hearing within 48 hours does nothing in your case.

    Good luck to you.

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  • If I own an ATM machine in a massage parlor that gets investigated for prostitution?

    Robert’s Answer

    I think given the basic facts given in this specific question, you may have very limited criminal liability. But the facts are important, especially regarding what intent might be proven from your conduct (words and actions) and what context your involvement might be.

    Best to discuss in complete confidentiality with a lawyer in his or her office or via telephone to go over all the details.

    Good luck to you.

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  • Can MSJ in California be based on the SOL and SOF?

    Robert’s Answer

    Thanks for your question here. The details would be very important, as well as the dates. The statute of limitations for written agreements is calculated differently from the statute of limitations for an oral agreement. In addition, the code prohibits loans for real estate to be oral in nature - the law requires written contracts for certain agreements.

    The timer might have run out in this case, or it may be available for you to defend a claim or make your own claim. I would suggest paying for an attorney consultation and reviewing all the details to see what your rights in this particular case might be.

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  • Time frame to convict or dismiss a resisting arrest in question?

    Robert’s Answer

    There are two potential timing issues here - there could be a statute of limitations/Serna issue here, if the case was not filed within one year of the event (if a misdemeanor) or within three years of the event (if a felony).

    The other timing issue would be speedy trial rights. It's likely that in this case, there was or is a waiver of time for a speedy trial, with the consent of the counsel for the defendant and the defendant. That time waiver would have to be withdrawn and a speedy trial insisted upon to make the clock start ticking again and the speedy trial timeline to be set.

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  • WWhat to do Dont know where to go with this crona virus ?

    Robert’s Answer

    Thank you for posting here. If you were cited, or released, you should have been given a court date. If not, your court date may be pending.

    Since the order from California's highest courts allow the courts to place certain types of cases on hold (so that the court can handle emergency cases), you or your attorney should check with the court where your case will be handled and see when the case can be heard.

    All the best to you.

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  • I miss my appointmen of felony probation an they send me a letter with othe date

    Robert’s Answer

    Thank you for posting here. Whether or not you get arrested depends on the seriousness of your violation, as well as the personality of your probation officer.

    Probation officers want your compliance, so it's possible that once you show up they will impress upon you the importance of making all of your appointments. Or, if there is more serious conduct related to you violating probation, there could be more serious consequences, like arrest and incarceration.

    We are going through a strange time right now with probation offices and courts subject to closures due to the current Coronavirus/COVID19 situation with courts in California. You should make the effort to contact your probation office, even if they end up being closed.

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  • What does misdemeanor dej means ?

    Robert’s Answer

    DEJ stands for "deferred entry of judgment". It is a process by which your sentencing is deferred for a period of time set by the court, during which you participate in a court program, usually.

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  • Can I motion prop 47 if I haven’t been sentenced yet?

    Robert’s Answer

    You may have better options available to you if you have not pled yet. You should sit down with an attorney and go over all your strategic options before pleading to this charge.

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