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Jonathan Scott Franklin

Jonathan Franklin’s Answers

9 total

  • I was caught stealing at JcPenny. It was probably like $50.

    A police came and gave me a ticket saying that I need to show up to the Riverside court on March. I want to know if they will charge me and how much. Will I go to jail? Will it stay on my record? I am 19 years of age and this is my first time stea...

    Jonathan’s Answer

    If you are in a position to retain an attorney, start setting up in-person appointments as soon as possible so that you can ask questions and make an informed choice. Time is typically of the essence as your attorney may be able to get involved before formal charges are filed. You can search online and call your local bar association for referrals.
    If you can't afford a good private attorney, you can ask for a public defender at your first court hearing. Good luck with your case!

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  • Could i get jail time for a first offense dui hit and run?!?.do i need a lawyer?!?

    Clean

    Jonathan’s Answer

    You could get jail time and you DO need a lawyer. Immediately set up appointments with DUI Defense attorneys. Time is of the essence. It is best to meet with them in person and discuss the specifics of your case. Don't let them pressure you; again, talk to several and make an informed decision quickly. Your focus right now should be on retaining competent counsel rather than potential outcomes. Good luck with your matter!!!

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  • First DWI should I get a lawyer? And is there any good ones in my area? I am financial broke.

    My bac was .028

    Jonathan’s Answer

    There are many things a good DUI/DWI defense attorney can do to help you favorably resolve your case. Your attorney can explore possible defenses and speak to the prosecution about potential pre-trial plea deals. A competent attorney can also try your case in an effort to persuade the judge or jury find you not guilty of the charges.
    If you can't afford the services of a competent DUI/DWI attorney, you can address the issue in Court to see if you qualify for the services of a Public Defender.

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  • Is it possible to obtain a continuance for 6 months? And get released on OR after arraignment?

    I am trying to finish my real estate course and pass my test and get licensed so I can obtain and job and afford legal coucil. It is a grand theft case and I have a court date to plea on Wednesday, can't afford to take an attorney with me. In my l...

    Jonathan’s Answer

    I agree with my colleagues. It may be difficult to push it that far out...especially with the reasons that you stated. Try to set out as far as possible to give you time to hire a reputable attorney. Some attorneys will work with you with payment options and may even agree to a payment plan.
    If you can't afford a reputable attorney, it is generally better to go with a Public Defender than a bad attorney. Good luck!

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  • I blew 0.05 under the legal limit of 0.08 but was still booked and charged with a DUI. Will the court dismiss the charges?

    I was in jail and I called a lawyer immediately after and he said that mostly likely the charges will be dismissed, or not charged. If, for some odd reason, they do charge me, I can ask for a 2 weeks continuance to hire a lawyer. Is this true an...

    Jonathan’s Answer

    A lawyer can get involved pre-filing and talk to the filing DA with respect to borderline cases (BAC around .07.) Your case may get rejected automatically unless there are aggravating circumstances surrounding the alleged incident or you were under 21 years of age.
    If you are unrepresented at the time of your court date, I recommend going to court on your scheduled court date despite what the clerks office tells you (assuming you called in, got through to them, and they told you no charges have been filed.) You don't want to have a warrant issued in a situation where the clerks office inadvertently misinformed you or the District Attorney's Office files at the last minute.
    If a charge is filed [25152(a) the impairment charge], then you can ask to continue the Arraignment in order to hire a reputable attorney. Good luck!

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  • Plea deal

    If I'm set for dui trial in alameda county can I still get a good plea bargain

    Jonathan’s Answer

    If you have a reputable attorney who actually tries cases, often the best deals are made when he or she announces ready for trial! Talk to several attorney immediately so you can choose the right fit. Time is of the essence. Good luck!

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  • I got a DUI in 2006 my insurance is really expensive. Can I go to court to get DUI dismissed?

    I got a dui November of 2006 which is exactly 6 years and a half ago. My insurance is super expensive. Can I go back to court and get it expunged or dismissed? No DUI's not violation of probation . since then .

    Jonathan’s Answer

    Shop around for cheaper insurance rates. Breathe Easy Insurance in Orange County might be able to point you in the right direction. Many respectable DUI Defense attorneys refer their clients to them.
    Most attorneys would suggest clearing your record by filing an expungement petition ($120 filing fee) and serving it (if applicable) to the prosecuting agency. The DUI conviction remains on your DMV record, even if your expungement request is granted, which means that subsequent DUI convictions within 10 years will be enhanced. Granting of the expungement may benefit you with respect to potential employment issues, but there are limited situations when the conviction should be disclosed.
    Make an appointment with a reputable attorney to anwer all of your quesitons and possibly assist you with your matter.

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  • I got a Dui Last Night, I refused the tests They wanted me to do, I was not Drunk But They say I smelled of alcohol

    They gave me a ticket that Says Dui, They also said My licence would be suspended for 1-3 years Just for refusing the test. I was not acting a fool while being spoken to by the officers involved or anything like that,now My arraignment is on tuesd...

    Jonathan’s Answer

    Refusal cases have pros and cons. You have to deal with a potential one year driver's license suspension if the DMV APS hearing is lost, and potential jail if the refusual is not stricken in your criminal case and you are convicted. Also, the prosecutor can comment that you "would rather have an automatic 1 year driver's license suspension then submit to a chemical test so that jurors could see your blood alcohol level....that's how intoxicated he was!" This can be fairly damaging in a jury trial unless your attorney can properly diffuse it.
    You are not obligated to submit to field sobriety tests in California, and your failure to do them (along with no chemical test reading) gives the prosection less evidence of impairment.
    These refusal cases can go either way. Contact a competent attorney and discuss all of your options.

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  • I want to apply for expungement, would I have to go the court i got convicted?

    I got a wet wreckless in June 2010, my probation ends in September 05 2013. I pled guilty.

    Jonathan’s Answer

    You can access the form yourself at www.lasuperiorcourt.org and file it with the clerk along with a $120 filing fee. Proof of service is sometimes required (which means that you have to serve the appropriate prosecuting agency and attach a copy of your proof of service to the petition.)
    You may want to contact an attorney to assist your with your expungement petition and potential hearing, especially if you have had any issues complying with the terms of your probation.

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