Archived
My mom has a warrant for felony commercial burglury felony she is sick with kidney diesese can she fight the case?
Brian's answer
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Answered on April 24, 2014
There are several issues here. The first is whether there is enough evidence to convict her and that is the biggest issue here and you would have...
My boyfriend had his first court date, bail is 240,000 About how much time is he looking at?
Brian's answer
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Answered on April 24, 2014
Theres not enough information posted to guess at how much time he is facing.
Archived
Looking to help a relative out. My relative has been incarcerated since August 2012 because he could not make bail.
Brian's answer
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Answered on April 23, 2014
Victorville is a notoriously tough courthouse and the DA out there is very aggressive. Your friend needs to hire very experienced trial counsel and...
Archived
I was arrested for a first offense DUI of .08. What are my chances of getting case dismissed?
Brian's answer
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Answered on April 23, 2014
Criminal cases including DUIs are not games of chance. Cases are completely fact depending and you only offer two sentences of analysis. An...
Archived
Can a public defender office refuse to communicate in writing?
Brian's answer
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Answered on April 22, 2014
This is your second post articulating unhappiness with communication with your PD. PD's are overworked and do not spend time after hours speaking...
Archived
Are a Pitchess motion and a speedy trial mutually exclusive?
Brian's answer
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Answered on April 22, 2014
If you want a speedy trial, by all means insist on it. If you waived time once already there isn't much more you can do. The government has a right...
Archived
What case law allows warrantless vehicle searches where there is a third party tip to police.
Brian's answer
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Answered on April 22, 2014
There are not enough facts here to start citing case law to you. Warrantless searches of vehicles are allowed in some cases and barred in others....
Is it possible to beat a California DMV forfeiture of drivers license due to BAC & Breathalyzer refusal?
Brian's answer
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Answered on April 22, 2014
Of course it is possible. Those are good facts to beat a DUI case or a refusal allegation. You raise a substantial number of defenses both to the...
Can I do jail time instead of doing the dui school?
Brian's answer
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Answered on April 22, 2014
Awful situation, perhaps you can have counsel, public or private modify your sentence to delete any more penalties. I can see a Judge being...
Archived
Can a Live Scan be cleared of false accusations if the subject was not convicted of any crime?
Brian's answer
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Answered on April 22, 2014
Possibly yes. Motion to seal and destroy arrest records would need to be filed and argued. Many of us on AVVO do free consults, call around. Good...
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