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Nicole Quijano Valera
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Nicole Valera’s Answers

253 total


  • My brother is being charged with pc 470 d,pc 459,pc 368,pc 182 a

    this is his first time ever being in trouble what might happen

    Nicole’s Answer

    The penal code sections you cited can be charged as either felonies or misdemeanors, depending on the circumstances of the case as well as his prior record. His lack of prior record will hopefully work in favor of this being charged as a misdemeanor, but there is no guarantee. Either way, these are all serious charges with long lasting consequences since they are all considered crimes of moral turpitude. This can have a negative impact on future job prospects as well as immigration issues if residency is an issue. Your brother should consult with an experienced attorney in order to fight his case.

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  • How does a certificate of rehabilitation work

    how does a certificate of rehabilitation work on a PC 290 sex offender case? Does the court end the pc 290 or does the pardon end the pc 290?

    Nicole’s Answer

    A certificate of rehabilitation is difficult to obtain, but not impossible. Ms. McCall is correct - you should probably retain a lawyer to do this for you, as it can be complicated and difficult. Good luck.

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  • I have 3 duis can i get house arrest ..

    i got 2 dui that i pleaded guilty to but havent took care of any classes or paid money.. the third dui i havent went to court for it.. one in la county another in orange county an the one i havent went to court for is in riverside county...

    Nicole’s Answer

    If you are currently on probation for 2 DUIs and you've never done any of the classes or paid the money, picking up a 3rd DUI is going to be a big problem for you. Mr. Limberg is correct, you may be able to get work furlough, but that's not a guarantee - that usually up to the Sheriffs department. You are facing a minimum of 120 days in jail for your 3rd DUI as well as a year and a half on the 2 other DUIS if you are still on probation for them. Good luck.

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  • Can a California school administer a breathalyzer to a minor with just here say instead of proof after the minor asks for parent

    My son had a plastic bottle of o.j. on campus and was drinking it. Students spread a rumor that it contained alcohol. He was called into the office were the Vice Principal held him for 2 periods. During that time he harrassed my son, wanting him t...

    Nicole’s Answer

    Unfortunately, they can breathalyze your son without your consent and without you being present. School officials have a wide breadth of authority to be able to conduct searches and seizures on children while they are in school. School officials can act on tips and those actions will unfortunately be held up in court as long as the tip was given with specificity.

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  • If a person commited 3 counts of 2nd degree murders?

    If a person shot 3 people with a handgun and was charged with 3 counts of 2nd degree murder in California, would the sentence be 45 years to life because 2nd degree murder is 15 years to life?

    Nicole’s Answer

    Mr. Dane is correct - the hand gun allegation will elevate this to 40 years to life per count.

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  • Thank you for the advice all of you.

    I had court today for the fta 50,000 dollar warrant . The judge terminated it cool huh. Thank you so much for the help.

    Nicole’s Answer

    Good for you. Glad Avvo could be of some help to you.

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  • 12500/a/VC and 22349/b/vc

    I received a ticket with these 2: Speeding (infraction) & Unlicensed Driver (misdemeanor). I was driving with my valid Indian license as my CA license got expired. I was caught on July 5, 2010 & the ticket stated I should appear within 45 days, bu...

    Nicole’s Answer

    I agree with Mr. Pickard - call the courthouse and find out what happened. Give them the ticket number and they should be able to look it up.

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  • What do you believe will happen to him/her?

    A friend is going down for conspiracy to commit robbery and robbery itself thats to felony charges and he/she has no criminal background, he/she is 18 and he/she confessed to doing it.

    Nicole’s Answer

    It depends on the degree of robbery.

    First degree robbery is a robbery of a person done in concert with 2 or more other persons an inhabited home, boat, or other type of dwelling, or a vehicle for hire, or of a person at an ATM and is punishable by 3, 6, or 9 years. It is also a strike.

    Second degree robbery is every other robbery and is punishable by 2, 3, or 5 years.

    I don't know at which stage in the proceedings your friend the case is, but if he/she cannot afford an attorney, a public defender will be appointed to him. If he can afford to, then he should hire a private attorney - many of us offer free consultations.

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  • I can do bankraptcy if i don"t have driver license i only have a matricula consular

    i don't have a id from usa i just got a matrivula, my cuestrion is if i can do bankrapcy

    Nicole’s Answer

    I think you probably need to speak with a bankruptcy attorney, not a criminal defense attorney. Good luck.

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  • I don't know what i am supposed to do after receiving a DUI?

    I received a DUI four days ago in Los Angeles California. I decided not to post bail and spent 14 hours in jail. I am trying to figure out what steps i need to take in the right direction to do what i need to do. Do i schedule a hearing at the ...

    Nicole’s Answer

    You must request a hearing with the DMV within 10 days of your arrest, otherwise they will automatically suspend your license. Getting a restricted license is possible, but also needs to be handled with the DMV.

    When the officers released you, they should've given you a court date and courthouse to appear - courthouses are assigned based on where the crime is alleged to have been committed, not based on residence.

    If you are away at college, many attorneys will appear on your behalf without you having to go to court for most, if not all of the proceedings. If you can't afford to hire an attorney, a public defender will be appointed to you on your first court date, however, they will not be able to handle the DMV hearing (which governs the suspension of your license). Many private attorneys offer free initial consultations and you can consult with one of us to get you headed in the right direction

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