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Margaret Forbes Mendoza

Margaret Mendoza’s Answers

105 total


  • Could i possibly still be charged with grand theft auto if my mother does not want to press charges? If 3 victims come forward?

    I am 20 years old I have just gotten a dui January 17th. My violation code is Vc 23152 (A) (B) I hit parked cars and nobody was hurt or in the vehicles. i drove my mothers car unauthorized but she does not want to press charges

    Margaret’s Answer

    Yes, you could be charged with theft of an auto, even if your mother does not want to press charges. If you left the scene after hitting the parked cars, you will be charged with hit and run, along with the DUI. Additionally, because you are under 21 years of age, you will lose your driver's license for one year if your BAC is .01% or higher.

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  • Is there an alternative charge to substitute domestic violence so that my immigration benefits will not be affected?

    I am charged with domestic violence. Since I will get my greed card soon, I am afraid that a conviction of DV will affect my green card. Since it is my first offense, and there is no major injury, DA said I can find an alternative charge with less...

    Margaret’s Answer

    It is imperative that you retain an immigration attorney and a criminal defense attorney. The immigration attorney can work in conjunction with the attorney handling the DV to make sure that if there is a negotiated plea to a negotiated charge, it is one that will help protect your status. Many immigration attorneys will do criminal defense on the side and vice versa, usually to the detriment of the client, so I encourage you to seek an attorney for each issue. If you can not afford an attorney for the DV case, then be sure to explain the issue to the Public Defender that is representing you, so that he/she can also contact your immigration attorney regarding the charges and potential plea negotiations. Good Luck

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  • How do I clear my name without having to go to jail , how do I prove it wasn't me?

    I'm from Los Angeles and I recently went on a vacation to Houston TX, I got pulled over in Houston and I found out that I had a recent warrant for my arrest in Los Angeles it is a misdemeanor forgery charge which is impossible for me to have done ...

    Margaret’s Answer

    There are two issues: First of all, the warrant will need to recalled ASAP. Some courts will allow an attorney on a misdemeanor to appear without their client for the purpose of getting the warrant recalled. Many will require the client to appear with the attorney. The second issue is presenting documentation that the person who committed the offense is not you. Not until your attorney sees the complaint and police reports filed, will she know what will need to be done to accomplish this. Did you report the loss of your ID last year?

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  • Doesn't first degree murder require intent?

    An 18 year old male was committing a robbery in a Manhattan store. During the commission of the crime he accidentally fatally shot his accomplice. He was subsequently arrested and charged with first degree murder by federal prosecutors. He was con...

    Margaret’s Answer

    With the facts you have provided, since the murder occurred during the commission of a felony, the defendant can be charged with and convicted of first degree murder under the felony murder rule. Specific underlying felonies will automatically trigger the first degree, such as robbery, carjacking, arson, kidnapping, rape. Second degree felony murder would apply to a homicide that occurs during the commission of a felony that is “inherently dangerous to human life.” Some examples are: manufacturing methamphetamine, discharge of a firearm at an inhabited dwelling, possessing a bomb in a residential area.
    The provocative act doctrine applies to situations where the one being charged with the murder is not the one who actually committed the killing. Therefore if the victim or a bystander killed the defendant’s accomplice during the robbery, then the provocative act doctrine could apply. The second caveat for this doctrine to be applied to a first degree murder is that the defendant had to have acted willfully, deliberately and with premeditation in the act of killing. In other words, if during the robbery, it is shown that the defendant intended to kill the victim and the victim or a bystander pulls the trigger, thereby killing the accomplice, then the defendant could be tried under the provocative act doctrine for first degree murder.

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  • What is arraignment only mean and what do i do in my situation

    i recieved a ticket for driving with out a license and i have to go to an arraignment only thing i was fined $427 (Bail)

    Margaret’s Answer

    There are various Vehicle Code sections that deal with driving without a license. The penalties depend on whether you simply drove without a valid license (VC 12500), or if your license had been suspended for some reason (VC14601, et al). The citation will indicate if the matter is a misdemeanor or an infraction ("M" or" I" will be circled). Prior to the arraignment, I suggest obtaining a license, if you are able to. Its possible you can avoid a conviction, or a reduction from a misdemeanor to an infraction, if you appear with a valid license.

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  • I have a outstanding court fees I can't pay!

    I have a outstanding court fee that I haven't paid dating way back since 2008. I got a phone call from the collection department telling me I had to start paying. I haven't worked in a very long time. I also thought me being in jail would've taken...

    Margaret’s Answer

    Court fees can not be converted to custody time whereas court fines can be. Fees in the amount of $8000 seems high unless it's for multiple matters. Without knowing more about the underlying matter, it's difficult to answer the question. I suggest speaking with an attorney. Good luck.

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  • What does anyone suggest

    I had court on the 20th but i miss im out on a 350 thousand dollar bail the reason why i miss was because my lil cousin need to go to the hospitol i have the document to proof it do u think the judge revolke my bail and throw me in jail.

    Margaret’s Answer

    Take the document, your attorney and a bail bonds person (if you are in a position to post bail) and you to court today. The amount, as Jay stated, suggests a serious offense. Without knowing the charges, we don't know the statutory amount of bail. It is possible that your attorney can make a pitch to at least have amount lowered since you came in through the front door instead of the back (arrested on the warrant)

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  • Can you be convicted of a DUI with only marijuana???

    Can you be convicted of a DUI with only marijuana???

    Margaret’s Answer

    Yes as Jay has pointed out. In fact VC 23152(e) is a newer subsection added in 2014 that applies specifically to driving while under the influence of a drug. Some states also now measure THC levels to determine the issue, although there isn't a proven direct correlation between THC and UTI (under the influence) as there is with BAC (alcohol levels) and UTI. Therefore marijuana cases are difficult to prosecute.

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  • My son got pulled over going in to a drive thorough in Monrovia ca they had him do the sobriety test and then took him to the st

    My son got pulled over going in to a drive thorough in Monrovia ca they had him do the sobriety test and then took him to the station and he blew 0.082 and got him for dui first one they impounded his car is this right

    Margaret’s Answer

    The police can stop a driver suspected of driving under the influence of alcohol and/or drugs in a drive thru. I agree with my colleagues that the BAC of .082 is low. That being said, you do not state how old your son is. If he is under 21 years old, then he may not drive with a BAC of .01 of higher. If that is the case, he could lose his license (full suspension) for one year, along with other penalties. Please speak with an attorney who handles DUI matters and good luck.

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  • What does this mean?

    I was subpoena to go testify in a trial in a couple of weeks. I been keeping up with court connect to make sure the dates are there. Today, the status says "Vacated" next to today's court date...but it also says this: "FILED PEOPLE'S TRIAL MANAGEM...

    Margaret’s Answer

    A subpoena is a court order. Failure to comply could result in a body attachment (an arrest). Contact whoever issued the subpoena(with any questions you have) and if you do not get a response, make sure you appear on that day that you have been ordered to appear.

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