Questions answered by Neil James Fraser

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Son posted in Facebook that he had a gun and was going to shoot people. Didn't say who or where.They arrested him.what can we do

Neil's answer | Answered on January 14, 2013

I agree with fellow counsel. Get your son good representation immediately. These days this type of conduct is taken very seriously indeed and this...

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Misdemeanor Expungement.................

Neil's answer | Answered on January 14, 2013

Most courts will not require an appearance but will rule on the motion and mail you the order by mail if you include a stamped addressed envelope. ...

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Arrested in my house, no witnesses seeing who the driver was, hit and run

Neil's answer | Answered on January 14, 2013

I presume you wish to defend this case through trial if need be. Even though the burden of proof is on the prosecution, you will have to prove your...

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Misdemeanor dissmissal ????

Neil's answer | Answered on January 12, 2013

What do you mean by misdemeanor dismissal application? Do you mean an expungement motion?

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Looking at 15 years!!! Can I hire a private attorney to assist my public defender?

Neil's answer | Answered on January 12, 2013

I agree with the other answer - you can have a PD or a private attorney, but not both. The question is whether you have confidence in your PD. It...

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I am a defendant and want a police report from my earlier case to be admitted in full into evidence. How if cop unavailable

Neil's answer | Answered on January 12, 2013

Police reports are hearsay. The officer has to be present if you want to use the prior report and, even then, it will not be admitted into...

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Will a public defender enter a motion prior to my arrainement hearing, for me, if I contact the PD office?

Neil's answer | Answered on January 12, 2013

No. If you qualify for a public defender, one will be appointed at time of arraignment. You are not given a choice as to which public defender will...

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Am I lawfully able to fly domestically (throughout the continental U.S. with large amounts of cash in my carry baggage?

Neil's answer | Answered on January 11, 2013

I don't believe there is any prohibition against flying domestically with such cash amounts. However, as my colleague suggests, it may raise some...

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My mother fell at a restaurant she is hurt no report was done at restaurant I spoke w/ manager he did not help what can we do?

Neil's answer | Answered on January 11, 2013

Any slip and fall carries with it several liability issues. If you wish, e-mail me privately with a full factual recitation of how and why the...

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In California is it legal to record the police when they call you & you are a suspect or witness in a criminal investigation?

Neil's answer | Answered on January 11, 2013

If you are a suspect in a criminal matter, the key imperative is that you do not speak to police officers AT ALL! If they want to talk to you...

Neil James Fraser's Answers (643)

Son posted in Facebook that he had a gun and was going to shoot people. Didn't say who or where.They arrested him.what can we do

Misdemeanor Expungement.................

Arrested in my house, no witnesses seeing who the driver was, hit and run

Misdemeanor dissmissal ????

Looking at 15 years!!! Can I hire a private attorney to assist my public defender?

I am a defendant and want a police report from my earlier case to be admitted in full into evidence. How if cop unavailable

Will a public defender enter a motion prior to my arrainement hearing, for me, if I contact the PD office?

Am I lawfully able to fly domestically (throughout the continental U.S. with large amounts of cash in my carry baggage?

My mother fell at a restaurant she is hurt no report was done at restaurant I spoke w/ manager he did not help what can we do?

In California is it legal to record the police when they call you & you are a suspect or witness in a criminal investigation?