I have been charged in California with felony 422 PC, 2 counts of 273A and 246.3A. I was extremely intoxicated and was not given a breathalyzer test. The incident was non-violent and ended peacefully. My actions and words were fueled by alcohol. I...
Agree with above answers. Will add that if you truly have a problem with alcohol addiction and this alleged conduct was a result of that addiction, you would be well-served to find an intensive treatment program and coordinate with your attorney to present your addiction history to the DA and court in an effort to mitigate your conduct.See question
I got caught shoplifting as I was walking out the store they approached me. I signed a paper took a pic told me it comeback for a year and no police was involved in this. They mentioned about a letter will come in the mail 3-4 weeks. Should I be c...
Although they have a year to file a case, if the police did not arrive at the scene and you were never arrested or cited to appear in court, it is highly unlikely that a case will be filed against you in court.See question
The feds used a CI to due a controlled buy on me with video and audio. I am not on the video or audio distributing drugs or talking about drugs or money. One affidavit says the CI gave me marked money and the fed affidavit says the drugs were fron...
There's a lot to unpack here and issues too numerous to handle in a question forum on a public website. You need to schedule a private and confidential conversation with an experienced and qualified criminal defense attorney to confidentially discuss evidence suppression issues in your case.See question
I was ordered to register for a misdemeanor drug conviction. My probation is only 3 years but they told me my registration lasts 5 years from the end of my probation. That's 8 years??? I thought its 5 years ... can I expunge my charge after 3 year...
Normally it is 5 years after termination of probation, but under H&S 11594 a 1203.4 dismissalt relieves you of duty to register as narcotics offender. Also see People v. Terrell People v. Terrell (1999( 69 Cal. App. 4th 1246.See question
Im 16 years old. My boyfriend is 19. We had a baby Nov 9. We met in the year 2015 & had sexual intercourse at ages 15 & 17. Then twice more after her turned 18. I got pregnant this march & my mom found out end of july , when she found out she call...
If, and that's a big if, any charges are filed against you it will be in juvenile court. And while every county is different and I supposed anything is possible, it would be surprising and inconsistent with policy for the DA to charge you with a crime. Your boyfriend is a different story. However, the age difference is not that much and in many cases if you have children, and he is active in supporting the children and a part of their lives, that could be useful in influencing the DA decision as to file a case or not. Your boyfriend needs a lawyer to interface with the DA and try to prevent a filing. Not something you or him should do on your own.See question
Back in 2006 I pled guilty in California to PC 12025(A)(2). Since it was a first offense and I had no priori criminal record I was given 3 year of probation. After completing what the court had ordered successfully, I was told by the probation o...
Yes. The case can be re-opened and you can petiton for a PC 17(b) reduction to a misdemeanor. Keep in mind that unlike the 1203.4 dismissal which must be granted if you meet the criteria, the 17(b) reduction to a misdemeanor is in the sole discretion of the court. Your lawyer should put together declarations, character letters, employment history, etc. to show that you are productive and upstanding member of the community who deserves to have the charge reduced to a misdemeanor. In many cases, just filing the court form is not enough.See question
My cousin in jail for sex traffican
Technically, sure. It will likely violate a federal statute. Realistically? As long as there's no human trafficking involved, these routine cases are almost always handled in state court.See question
My friend and I where caught stealing and she had a foil bag and I had a magnet we are both 17 the officer told us we where being arrested for burglary tools and theft but we were released and didn't go to jail
In California, if you are 17 and you were only charged with possession of burglary tools your case, if filed, will be heard in juvenile court not adult court. If the police gave you a citation both you and a parent would have signed it. If not, you may get a letter jnt he mail with a court date or a police officer may call you to issue a notice to appear in court for you and a parent.See question
I beat up a 55 year old man and they charged me with assult with a deadly weapon
Look at Penal Code Section 245(a)(1) and you'll see the Assault With A Deadly weapon Satute. You can also do an internet search for CalCrim 875 and you'll see the jury instruction.
Short Answer: If the DA believes they can prove the following beyond a reasonable doubt, they may charge ADW:
1) the force used would "naturally and probable" resulted in force applied to another person .
2) Defendant acted willfully.
3) That a reasonable person would have expected force to be used on them as a result of the assault.
4) The defendant had he present ability to use force upon another as a result of the act.
There's a LOT more to it so call a lawyer for advice. The other thing that's important to remember is that almost anything can be used as a deadly weapon. I've had cases involviving anything and everything from a car to a plastic folding chair.
There is also an entire subsection of ADW involving firearms and another subsection involving assaults without deadly weapons.
The standard "assault with a deadly weapon" under PC 245(a)(1) can be very serious and you could be facing a strike under California's Three Strikes Law.
This answer is just an overview and not meant to be complete in any way. Call a lawyer for a confidential consultation.See question
I got fired because from my job, because of the background check, now I'm 21 and that ruin my chance with a really good job. What can I do to erase this from my record. Why is this showing up, when this happen when I was a minor? where should go t...
You should petition to have it sealed and destroyed in juvenile court. You then need to context background check company and dispute it. You should not be fired from a job based on a shoplifting charge from when you were 14. For starters, under. California law admitting a shoplifting petition at 14 is NOT a conviction.See question