Archived
Do exigent circumstances exist for entering a suspects home if the lone suspect is apprehended a mile away at a store?
Brian's answer
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Answered on December 14, 2012
That is a question for whichever Judge hears the motion to suppress. These are fact based Judge based decisions. Obviously every criminal defense...
Archived
How or is it possible to get an USIM hold lifted if the criminal case is dismissed?
Brian's answer
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Answered on December 14, 2012
These are two totally separate issues. He will not get out as long as he has an immigration hold. Even if he got bail reduced he would be going...
Police left me a voice mail saying they will issue an arrest warrant
Brian's answer
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Answered on December 13, 2012
For lack of a better word, its a bluff. Everyone here is right. If they have enough to arrest you, they would have done so. They are trying to...
Archived
My mother was arrested for DUI and child endangerment after an officer ran into the side of her car. She only had a BAC of.054%
Brian's answer
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Answered on December 13, 2012
Yes she can be held technically for DUI even if she is below a .08. The problem she has, as Mr. Fraser indicates, is that you are dealing with a...
Archived
Can an accesory to a crime get higher charge tha the principle?
Brian's answer
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Answered on December 11, 2012
In theory yes it's possible. Every case is face dependent and alot depends on the circumstances under which the fugitive got the misdemeanor. If it...
Archived
My boyfriend has 6 counts with priors he cant afford a private lawyer should he look for a state lawyer or just use a public def
Brian's answer
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Answered on December 11, 2012
Not sure what you mean by State lawyer. Are you talking about a Bar Panel lawyer? Both have their benefits and detriments. That's alot of exposure....
Archived
Is being the "subject" of an investigation the same as being a "suspect"?
Brian's answer
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Answered on December 11, 2012
This is police talk. There is no legal definition for suspect. Generally police use the term subject when they aren't quite sure, and need to do...
Archived
I was charged with embezzlement but released on OR; what sentence am I looking at?
Brian's answer
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Answered on December 11, 2012
Instead of settling for the fact that you are going to be receiving a sentence you should be looking at a way to avoid one. That is in fact what...
Archived
Being charged with 11173(a) and 459 both felonies. What are my options to getting the charges lessen or possibly dropped?
Brian's answer
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Answered on December 11, 2012
Well dont put the cart before the horse. Simi Valley is no place you want to be messing about. Its Ventura County and they don't exactly hand out...
Is it worth it to bail someone out for a 2nd DUI in California? If not, will he get time served credit?
Brian's answer
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Answered on December 10, 2012
You should make a decision on bail based on what your financial situation is. Yes he will get out once he sees the Judge but as Mr. Dane knows full...
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