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Robert Anthony Casper Jr

Robert Casper’s Answers

21 total


  • I was the driver in a hit & run. I got a letter requesting I call to discuss it. What can I expect & what's the likely outcome?

    Robert’s Answer

    It’s quite possible that the witness only passed on your license plate to the police and not a description of you. Even though the vehicle is registered to you, this is likely not enough for a conviction unless you say something stupid. Do not call the police back, say nothing to anyone, call a lawyer and have him/her speak with the DA.

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  • Can an 18 year old in high school say I love you to a 17 year old

    Robert’s Answer

    I'm assuming we're not talking brother and sister here ... yes, it is okay, as long as there is no intercourse, oral sex, digital penetration, or any touching that might be interpreted as sexual. Tell the 18 year old to wait - should be a happy birthday then, huh?

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  • Total Bail Amount: NO BAIL Total Hold Bail Amount: 0.00 Grand Total: NO BAIL What it means???

    Robert’s Answer

    No Bail means that no bail amount has been set, and she is ineligible for release as long as she has that designation. Assuming she was not arrested for a special circumstances murder, the no bail likely stems from a felony probation violation. However, some officers will arrest a misdemeanor probation violation and book them with a no bail hold, which is unconstitutional. Sounds like she needs a lawyer - good luck!

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  • Would I lose my license if I refuse DUI field sobriety tests?

    Robert’s Answer

    No, you would not lose your license administratively, but the DA can use this refusal against you in the event the case goes to trial. However, if you refuse a blood or breath test, you will lose your license for a year unless you can show the refusal was neither knowing nor voluntary, which is an extremely difficult burden to satisfy. As to the FSTs, apart from the license suspension question, just bite the bullet and perform them to the best of your ability. Who knows, you may have a medical reason as an avenue of explanation if you perform poorly.

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  • How can I get my gun rights restored? I was convicted of felony domestic violence about 12 years ago.

    Robert’s Answer

    It appears that you are out of luck on multiple levels. Any state felony conviction will get you a lifetime ban from owning or possessing firearms, regardless of the charge. If we are talking about domestic violence as a misdemeanor, you are banned from owning or possessing a firearm for 10 years on the state level. However, none of this matters since ANY domestic violence conviction will get you a lifetime ban on the federal level. Sorry ...

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  • I got caught shoplifting a $7 item from Macy's CA, and got fined $425. Is this a bit extreme?

    Robert’s Answer

    The civil fee is charged pursuant to statute ,by the alleged victim, Macy's. Under Penal Code sections 490(b) and 490(c), they can fine you from $ 50 to $ 500. Of course, $ 425 is too steep, especially if they received the merchandise back. I have had some success getting this civil fine reduced, as stores like Macy's do not seem to know the law in this regard. In order to collect, they must file in a court of appropriate jurisdiction (presumably small claims court) before they can try to collect. If they threaten you with sending this "debt" to collections, tell them that there is case law, such as Peterson v. Ball (1931) 211 Cal. 461, 466, that prohibit the assignation of a statutory debt. Further advise them that, if they indeed try to send this "debt" to collections, they may be in violation of the Fair Debt Collections Practices Act, at 15 USC 1601 et seq. Watch how fast they'll agree to negotiate with you.

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  • DUI With Priors

    Robert’s Answer

    In California, anyone with 3 or more DUI priors within 10 years can be charged with a felony if he/she picks up a 4th. Along with a felony, of course, is the possibility of prison rather than county jail time with probation. If it has been 6 years that you've been a good boy, I would have your lawyer emphasize this to the DA during negotiations. Perhaps there was a recent traumatic event in your life that caused you to fall of the wagon? It happens, and the DAs and judges understand this. However, they are also political creatures who do not want to have egg on their face if you end up hurting or killing someone. My advice would be to get proactive in your recovery (rehab, AA, etc.) in order to show the DA and the court that you understand, and are trying to fix, your drinking issues.

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  • Does criminal and arrest history effect prosecution or sentencing?

    Robert’s Answer

    Absolutely - prosecutors are more inclined to file a borderline case against someone with a significant criminal history. For example, if you have 2 prior DUIs and your blood alcohol level is a .08, it is more likely than not that you would be charged, whereas someone with a clean record might be given a break.

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  • After taking a deal in the Pre Lim Hearing...is there a way to recant in the Pre Lim and take the case to trial?

    Robert’s Answer

    It is very difficult to withdraw a plea. It must be done prior to sentencing, and you must demonstrate that it was somehow not "knowing, voluntary, and intelligent." The judges usually take great pains to ask you the right questions during the time of the plea in order to maintain a clean record so that a motion to withdraw will not be granted. Another basis to withdraw your plea is if your attorney did not inform you of all consequences beforehand. However, based on the limited information given, I'm not certain what the basis of your motion would be other than "buyer's remorse." Good luck!

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  • What happens if no court date was found for my DUI arrest?!

    Robert’s Answer

    In larger counties, it is not uncommon for the DA to have not reviewed such matters before the court appearance date you were given upon your release from jail. If they file within the 1-year statute of limitations AFTER your court date, they can either (1) swear out a warrant for your arrest, or (2) send you mail notification of your initial court date. My advice would be to periodically (every week or so) speak with the records division of the DA's Office and find out what is happening with your case. However, do NOT ask who the assigned Deputy DA is, as it might put your case on the radar if it is not already there. I have been lucky enough to have had clients whose cases were not filed within the statutory period - but don't count on it.

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