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Margaret Forbes Mendoza

Margaret Mendoza’s Answers

105 total


  • My question is how much would an attorney charge me to represent me on this case? And is it possible to get this off my record?

    My boyfriend and I went to home depo and he got some items from the store and went to return them. He asked me to swipe my ID for the return and as soon as I did that the people from loss prevention took us to the back called the cops and we both ...

    Margaret’s Answer

    I am assuming the charges will be submitted as a misdemeanor since you were cited out. (If the value is under $50, it could be an infraction). You don't state the value of the property involved, which could play a big part in how flexible the prosecutor is willing to be. An attorney can never guarantee an outcome, as my colleagues have stated. There is always the option of trial. Your statement above also seems to imply that you knew what your boyfriend was doing, so I hope you did not give any type of statement, and I would refrain from speaking openly about it to anyone, accept your attorney. Or, your attorney may be able to obtain diversion for you, either through the prosecutor (more informal), or through the newer court ordered diversion program (which also requires the prosecutors ok). Either way, as long as you complete any requirements given to you, such as fine or community service, the guilty plea will be withdrawn and the case dismissed. Since there was no sentencing, there is no conviction. Occasionally a prosecutor will not require a guilty plea to begin with for diversion, but will agree to dismiss charges if fine or community service is completed after 6-12 months, assuming no new arrests, etc.

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  • How long can the probation hold last? Will they hold her in jail until they find out she's guilty or not?

    My girlfriend got arrested for violation probation and was put on a probation hold. She is on a felony probation and the new charges are one felony and one misdemeanor.

    Margaret’s Answer

    The DA has two options: file the new charges, hence a new case and a probation violation or file an "in lieu of" which means they are opting to use the facts from the new arrest to support a violation of probation. In the second scenario the DA's burden of proof is less than if new charges were filed. Either way, since there is a new felony arrest, the violation will most likely be a "no bail hold" so there would be no way to bail her out until the matter is resolved in court.

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  • Should I complete traffic school for carpool ticket to avoid insurance increase?

    I got cited for driving alone in carpool lane. The VC listed on my ticket is 21655.5(b) which from my research is a non-moving violation and no point will be counted. However, some web sites say insurance will go up anyway. I called mine and they ...

    Margaret’s Answer

    I agree with my colleagues. Additionally, when you go to court, you can then request it be set for trial. On the trial date, if the officer doesn't show, the case is dismissed. If he does show, you an resolve it prior to the trial.

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  • Will he be arrested when coming through LAX Customs if he shows proof of what he paid and his scheduled court date?

    I am traveling with a friend who registered through the Smart travelers program to notify the Us embassy we would be in the country. When doing that he found out he had a bench warrant for a failure to appear in court 8 years ago because he receiv...

    Margaret’s Answer

    If he is not able to be in court, Compton court will most likely allow an attorney to appear for him, since this is a misdemeanor failure to appear based on an infraction. From what I understand, he went to the clerks office in Compton and had a court date set, which unfortunately is after he leaves the country. I am surprised the clerk did not send the case to the Judge at that time as it is possible to advance cases. The attorney can explain his situation to the Judge and show the proof of payment for the ticket. The payment of the ticket should satisfy the court. It is important for him to make sure either he appears on the court date or he has retained an attorney to do so for him.

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  • Can I

    I was attacked by my female friend during an argument, then she called the police and I went to jail, they never prosecuted, but I want all records of the incident destroyed, how likely is that? For CA

    Margaret’s Answer

    Since the case was not failed you can first request a certificate of detention. You would need proof that the case was not filed from the prosecutor, and then send that along with the "request for detention only" to the arresting agency. This process will not destroy anything, but at least the arrest will be reclassified as a detention. My colleagues have explained the process for attempting to obtain a certificate of factual innocence, which is very difficult to do. Unless the prosecutor signs off on it, a court hearing will be necessary.

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  • What are the options my husband has for 2 new DV 243 e charges and 2 previous ones from 6 yrs ago?

    My husband has 2 new DV charges (243) e and 2 previous ones from 6 years ago. What are the consequences he's facing? Would he be able to get probation instead of jail time?

    Margaret’s Answer

    I assume that your husband completed all of the requirements from his previous cases six years ago, and he is therefore no longer on probation. Have the new cases each been filed for PC 243(e)? Since these are misdemeanors, he could be sentenced for up to one year in county jail for each. They could be run together or separately. Per the code, since he has a prior 243(e), the mandatory minimum is 48 hours in county jail, although the prosecutor will most likely want more time due to his track record. He will also be required to complete a DV program. If he has an underlying issue, such as a substance problem, he should discuss this with his attorney, as it may be possible to have him complete some type of rehab. program as a condition of probation. Of course the first issue is whether he has a defensible case and if so, he may want to go to trial so as not to have any further convictions of this type. Once his attorney has the reports and has spoken to him and any witnesses, then they can decide the appropriate course to take.

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  • Can I still renew DACA with recent petty theft charge?

    This is the first time I get into trouble with the law, I am 19 years old and was charged with petty theft. My court date is May 11. I have renewed my DACA twice already and now I'm wondering how this will affect me when I try renewing it on Decem...

    Margaret’s Answer

    You state that you are represented by an attorney, therefore you should ask him this question. Unless he practices Immigration law, he will suggest you speak to one.

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  • Blood draws after car collision - DUI?

    I rear ended a vehicle. Police came to scene. Was taken to hospital by ambulance. Blood was taken at hospital. I was released. I understand if you are driving a vehicle in California hospitals automatically administer a blood test for alcohol. No ...

    Margaret’s Answer

    I agree with my colleagues below. As far as the DMV, they would not be involved (administrative hearing) unless the results were .08 or above, or if there was a refusal, which there wasn't in your case. Even with results under a .08%, the prosecutor could file a VC 23152(a),driving under the influence of alcohol due the fact that an accident was involved.

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  • Help.

    I got my first (DUI) first offender and got three years court probation in, CA and I'm thinking of getting married with my girlfriend she is a US Citizen i have my work authorization (DACA) child arrival. Will i be able to get my green card throug...

    Margaret’s Answer

    You need to consult with an immigration attorney. Good luck.

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  • Blew a .06 and still charged for a dui

    A friend of mine got pulled over and charged with a DUI. He blew a .06 the cop told him the limit was .03 and that he was legally intoxicated. My friend blew 3 different times with the same .06 result. He told him he originally pulled him over for...

    Margaret’s Answer

    Does your friend have a commercial license or under the age of 21 or on probation for a DUI? If so, then the cut off is not .08....the cutoff is much lower, depending on which of these factors apply. Additionally, a DUI has two components. The "B" count is based on the BAC (test result) and also involves a DMV administrative hearing. The "A" count looks at the driving pattern, objective symptoms including the field sobriety tests. If the agency that pulled over your friend has MVARS (cameras) inside the vehicle, then the driving can be assessed. Typically the FST's seem to take place off to the side of the camera, so the officer's observations as noted in the repot are relied on. You stated he blew, so drugs in the system isn't the issue of they would have required another testing method. He could have a very defensible case if filed.

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