Archived
What if I feel that pleading the 5th will not incriminate me but I just don't want to testify. I still need to hire a lawyer?
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Answered on February 04, 2009
Your Fifth Amendment right not to testify applies only to your testifying against YOURSELF. You have NO right not to testify against someone else...
Archived
What should i do?
Ben's answer
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Answered on February 03, 2009
Make a police report.
Archived
I have a surrender date of February 13, 2009, but I was wondering if it is possible for the judge to change the sentence before.
Ben's answer
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Answered on February 03, 2009
Let me make sure I understand this. You pled out, you accepted a plea-bargained sentence, they gave you time to surrender, now the surrender date...
Archived
If the officer wrote down incorrect information on my citation will it be dismissed?
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Answered on January 28, 2009
The wrong birthday won't help you. What WILL help you is that he didn't use a raqdar gun, that he observed you going in the opposite direction on...
I am charged with a double felony, and scheduled for an arraignment in a few days.
Ben's answer
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Answered on January 27, 2009
DO NOT "simply state my case to the judge"! Plead not guilty at the arraignment, (better yet, continue the arraignment to give yourself time to...
Archived
Is it legal for an adult to have a minor as a roomate that are not related and opposite sexes?
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Answered on January 27, 2009
The woman is probably having unlawful sex with a minor, in violation of Penal Code Sec. 261.5, and is at the very least contributing to his...
I was convicted (plead no contest) to misdemeanor sexual battery more than 10 years ago in California.
Ben's answer
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Answered on January 22, 2009
1. No, they cannot crank up a registration requirement if none was imposed on sentencing.
2. They can ALWAYS deny a 1203.4, but if you have had a...
Archived
I have two misdeamenor convictions of 273A(B) PC that were supposed to have been expunged. They still show up on my record
Ben's answer
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Answered on January 20, 2009
Your record shows that your conviction has been expunged. "Set aside and dism per 1203.4 PC" is the record entry that indicates expungement. ...
Archived
I know of somebody that has more than 3 tickets and has not paid them. who do i call to report her.
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Answered on January 19, 2009
You don't call anyone. Because no one likes a rat.
Archived
What can possibly be done to achieve a new trial for attorney misrepresentation before sentencing? counsel gave information up
Ben's answer
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Answered on January 19, 2009
So you took the deal because you were afraid of the 22-year downside, and now you wish you hadn't? You can hire a new lawyer and ask him to file a...
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