a) during DUI checkpoint b) during a random pull over (or not random, based on swerving for example) It is my understanding that the moment a police officer decides to pull a vehicle over he is collecting evidence to make a strong case for a ...
I think you've more or less got it figured out. At least as well as you could without experience defending DUIs. There are many factors that could change the best course during a DUI investigation. The key points are not to volunteer any evidence (answering pre-FST questions, doing field sobriety tests, submitting to a PAS device, etc.). The only tweak I would add is that there are two breathalyzers. The PAS (preliminary alcohol screening) test is voluntary. The implied consent statute means that if you are arrested, you must submit to either a breath or blood test or risk losing your license for a year.See question
Under my criminal case Actions and Minutes online it says "OPERATOR AUTCK CHANGED DTP FROM 10/01/15 TO 11/01/15. This is in Riverside Superior Court. What does that mean?
Hard to tell without more context. Perhaps a Riverside lawyer will know. My best guess, without additional information is that probation is extended a month? DTP being date to terminate probation? This would make sense if the case is older. Could also be way off. As Mr. Shapiro suggested, calling the clerk would be smart, or contacting your lawyer (includes public defender if you were represented by them). If you provide more information, I'd be happy to try and decipher the meaning with additional context, but still can't say for sure.See question
I was caught shoplifting from kohls and I feel very ashamed and scared. The amount was $47 and I was stopped by the LP officer who took me to the back of the store to sign 2 papers, my photo wasn't taken but he checked my ID and Social. He didn't ...
The conventional wisdom is this: Technically, stores can go after you in small claims court, and try to prove that you owe them the money that they are demanding. However, it virtually never happens. Not only are the demands generally much higher than the damages they could actually prove, but it's not worth their time to go to court over something like this. Many retail stores maintain a shoplifting database and share information. The worst thing to come of this will be that you might find it difficult to find work in retail (I suggest working in a restaurant anyway). Stay out of trouble in the future and you'll be fine. Learn your lesson the easy way, rather than waiting to see what might happen the next time around. Best of luck to you.See question
I know this petition can be filed after a person is convicted by how before that if the state keeps putting off his trial? And if so, does he file the petition with the same court?
Technically a writ of habeas corpus would be available to someone who has not yet been convicted, but I'm not sure it makes sense in this instance. It seems that the person in question has waived time at the advice of their attorney. If they wish not to waive time further, it's time to let the attorney know that. Or, look for a new attorney who can be able to try the case sooner. Of course, a change in representation might lead to an even greater delay. I imagine that the charges in this case are pretty serious, but it might also be possible to argue a bail motion to have bail reduced or the defendant released O.R. (less likely). There is probable a lot that needs to be done in this case, and I don't think the habeas petition is the right course of action. Of course I would need additional information to say with any certainty.See question
I recently had a misdemeanor dismissed I thought that would make my background clear but it hasn't I'm about to graduate and get in the work field and I wanted to make sure nothing came up if a background search was done
I'm not 100% clear on how/why the case was dismissed. Was the case dismissed via 1203.4 dismissal? Meaning that you filed paperwork after serving probation? Or was the case dismissed while it was still an open case. If the latter, you may be able to do more to clean up your record, but it is still very difficult.See question
I was arrested in April for DV when my partner and I got into a physical altercation. We were both at fault, but ultimately I was arrested for not letting her leave. I was sent to jail, released on bail and all charges were dropped on my first cou...
An expungment will not get rid of an arrest record. You can try to get a detention letter from the law enforcement agency, acknowledging that the arrest is not an arrest, but only a detention. If you really want to get rid of the record, you would have the very high burden of proving your own factual innocence. This is a difficult and expensive process. It is called a factual innocence petition or a petition to seal and destroy. The applicable law is Penal Code 851.8. You might also wish to consult with a lawyer who practices professional licensing law.See question
This woman knew her HIV status prior to the pregnancy and is on Medication for this illness. She has not inform her partner of her status.
Female-to-male and mother-to-child HIV transmissions are not quite as likely as other transmissions and it is still possible that both the woman's partner and the child could be spared the fate of this terrible illness. It is not too late. I would recommend informing the person, and ensuring that they and the mother are receiving medical attention.
From a criminal law standpoint, I'm not sure that there is a whole lot of advice I can give. It may be a crime, but the answer here is to inform all involved and ensure that the advice of a doctor is taken immediately. Any legal questions should be secondary.See question
I got an infraction for less than an oz. I'm 15, sophomore in high school, 3.6 GPA, never get in trouble, good relationship with parents. Do you think I will get probation, community service, etc.?
Mr. Finnecy and Mr. Hedding are great lawyers and have given you great advice. I would expect that you would get a short term of probation, which would include drug testing, making sure that you continue to excel in school and probably do some community service. The Lamoreaux Justice Center, where OC Juvie cases are heard is not in the business of trying to ruin promising young lives. What you did isn't wrong, but it is technically against the law. As an adult, you'd get a fine. As a juvenile, community service is likely. What you would want to hope for is a form of diversion that leads to a dismissal so that you don't encounter any problems applying for college or federal loans. The FAFSA application can be denied due to any drug possession charge, but it sounds like you have a few years before you need to do that. The most important thing for you to take from this is that it will not ruin your life. Still, having your parents and an attorney around to protect your rights will serve you well.See question
I heard that I could apply for a certificate of rehabilitation after a certain number of years, and was wondering if the 5 years CA residency requirement means I must show I have lived in CA for five years, or that I have lived in CA for five year...
If you received a probation sentence, then you must first complete a 1203.4 dismissal before a Certificate of Rehabilitation can be heard.See question
My ticket was for no license and my brake light was not working.
Agree with Mr. Bentley. The no license charge can be pretty serious. What is holding up getting your license back? Have you gotten one yet? That can make a big difference.See question