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What is the sentence for Batterty charge with no criminal record but a fight that was agreed upon having prior?
Elliot's answer
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Answered on January 31, 2013
Your friend can most definitely go to jail but your friend does not want to even deal with court. In this case, your friend may have a defense of...
Archived
I got charged with 350(a)(2)PC, It should be 350(a)(1), not (2) What to do?
Elliot's answer
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Answered on January 25, 2013
If the the charge is incorrectly pleaded one of two things can happen
1) You can file a demurrer before plea.
2) You can have the charge...
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I asked for community service and didn't do it
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Answered on January 25, 2013
You may have a probation violation for not paying the fine. The judge could technically throw you in jail if that is the issue. You should first...
Archived
Is there any way to get a wet and reckless off my DMV record in CA?
Elliot's answer
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Answered on January 25, 2013
No way to have this removed from your DMV record, you can however petition the court to have the case dismissed under PC 1203.4.
Elliot...
Is it possible to do jail time in lieu of probation on a first offense DUi misdemeanor in Vista California.
Elliot's answer
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Answered on January 25, 2013
Yes, it is aboslutely possible. The jail time may be something significant, but, with over crowding, you may do 10 - 15 % of that time.
Elliot...
Archived
If you meet someone from online for SAFE sex and they make it unsafe at the last second, what can you do if anything?
Elliot's answer
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Answered on January 03, 2013
Actually there is. You could file a criminal suite for rape. Even though you consented to sex, you never consented to sex without a condom,...
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Can I file a restraining order against someone who is harassing me if we dated in the past, but there are no threats?
Elliot's answer
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Answered on January 03, 2013
Yes, although you are more likely to get it if there are threats, simple harassment/annoyance, can be enough. But, you need proof.
Elliot...
Archived
I recently gotten charged for my second DUI new years eve. I had accidently side swipped a cop car this will be my second DUI.
Elliot's answer
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Answered on January 02, 2013
There is a minimum jail time on a 2nd time DUi
Archived
I blew a .13%. Why am I being charged with CVC Section 23152A and 23152b?
Elliot's answer
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Answered on December 28, 2012
It is important to understand that this is the standard way of getting a DUI charge. Count one is the A count and is drugs or alcohol or both in...
Archived
Will a first offence dui get an undocumented person deported?
Elliot's answer
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Answered on December 28, 2012
It definitely is a possibility that may happen, but not likely unless ICE picks you up. You should speak to an attorney about your case and see...
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