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Andrew Joseph Bouvier-Brown
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Andrew Bouvier-Brown’s Answers

279 total


  • When is possible criminal activity too late to report to the authorities?

    I live in a Homeowners Association (HOA). There is a man that has caused problems in the common areas which I found out in 2014. A resident came to me about this person’s behavior that was scaring her in the utility room. She had reported these...

    Andrew’s Answer

    Generally speaking, I agree with Mr. Finnecy. There is little or no harm that comes from filing a report. However, to give a general sense, in California the *typical* statute of limitations is one year from the date of the incident for a misdemeanor, three years for a felony. But there are exceptions, and moreover, determining whether the facts of a specific situation constitute a "misdemeanor" or a "felony" is often nowhere near as clear as you might expect. So, report to the police; let them sort it out.

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  • Question about 17b 1203.4 petition

    If I want to file a 17B 1203.4 order for dismissal with the courts on a 476a charge from 6 years ago, on the bottom of form Cr-180 it says check the appropriate - 1203.4, 1203.4a, 1203.41, etc. I believe it is the 1203.4 box but what are the diffe...

    Andrew’s Answer

    Mr. Donaldson's information is correct. I would note that when you do this kind of form pro per, some judges are going to tend to be a bit... well, lenient isn't the right word, but let's call it "helpful" when it comes to checking the right box. If you have other information put together accurately (the date of conviction, the case number, the charge, etc.) and you otherwise follow the local procedures, I wouldn't stress too much about this problem. Just pick the one that seems right given the information you have, including information provided by my colleague here, and don't stress it too much. I think you'll be fine. Some judges are sticklers, but frankly, some will likely simply check the correct box on your behalf if you happen to choose the wrong one, just for the sake of expedience.

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  • I pled guilty to a violation of probation before charges where filed and the advice of the PD and feel robbed!!

    I was on probation for misdemeanor DV. Last year i was arrested from drunk in public. I did deferred sentence and they dropped it pursuit to interest of justice or 1385. I plead to VOP to get out of jail swiftly as i started a new job an...

    Andrew’s Answer

    This actually isn't a clear-cut situation at all. Don't assume that all hope is lost with regard to getting your DV plea withdrawn.

    The best person to help you with this is the attorney who represented you on the underlying DV case. That is the person who helped strike the initial deal. That person will best be able to evaluate the factors that went into that deal.

    You plead guilty to a violation of probation, but on the other hand, that violation was quite minor-- drunk in public is about as minor as it gets-- and at least not superficially related to the conduct that was the underlying DV conviction. But it's a complicated analysis, to be sure.

    I would turn first to the attorney who represented you in the underlying case. Then I would seek out consultations with attorneys on this matter. It's not an open-and-shut kind of situation. A lot will depend on the personalities of the jurists and prosecutors involved, frankly.

    I wouldn't say that this is a case for "optimism" per se, but it's certainly not a hopeless, all-is-lost situation either. Get in touch with the right people and give this a chance. You might ultimately be told that there's nothing to be done, but it is absolutely worth exploring.

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  • What kind of attorney can get him out for lack of evidence and CDC misconduct?

    Inmate in CDC is being unjustly held for new charges beyond release date with no evidence and denied appeals.

    Andrew’s Answer

    There's almost certainly a lot of confusion going on here-- but in general, what you are looking for is a criminal defense attorney. As others noted, this MIGHT be an issue where a writ of habeas corpus is going to be the right solution, so you should find someone who does that kind of work ("appellate work", generally speaking.) That said, I'm not at all confident that is the situation at hand... when you say "new charges," that implies that a person is potentially facing a whole new case, and it may be that there's some confusion as to where this person should be housed. There's just a lot of missing information that you'll have to provide to an attorney when you seek a consultation.

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  • Is it possible to have the case against my son dismissed?

    My son was arrested on a PC. 211 (a purse was taken) and he already has one strike against him and is on parole. A woman who was present when this crime took place took a plea deal blaming my son for everything, including owning a gun that was fou...

    Andrew’s Answer

    Attorneys aren't allowed to solicit business directly on Avvo. In other words, people can't respond to this question by offering services, etc., which is what it seems like you're asking for here. If you are looking for an attorney, you are going to have to pick up the phone and schedule consultations with attorneys in the area you're looking for, whether by phone or in person. It's not as convenient as just posting here and hoping people solicit your business, but it's a much, much better system for you, designed for your protection.

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  • How often will a judge go against a probation report? How much does a report have to do with the judges decision?

    My fiance gonna go before the judge that sentenced him to his Felony probation to be sentenced on it again. His probation report came back stating they recommend he be reinstated on his probation?

    Andrew’s Answer

    A judge is only required to read and consider the report. What the judge does with that recommendation varies dramatically. As Mr. Finnecy says, the only person who can give you a meaningful idea of what to expect in this situation is your boyfriend's attorney, and really, it's your boyfriend who should be asking the attorney.

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  • Salvaged, fixing the clutch a week later, transmission messed up, now it is stuck in 3rd and 4th gear, can i get my money back?

    in November of 2014 i got a car from a dealership, less than a month later the car started to have electrical problems (the blinkers and the hazards went out) i took it back to the dealeship but was told the warranty only covered the engine, a wee...

    Andrew’s Answer

    This is not a criminal defense matter. Re-categorizing it as 'consumer protection.'

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  • Can information regarding the details of a juvenile plea agreement be given to media?

    In California if a plea agreement is made that takes a case from adult criminal court to juvenile, are those details allowed to be shared with media? The minors name and details of the agreement and also which juvenile facility he is being held in...

    Andrew’s Answer

    The nature of this question suggests that the situation is both complicated and unusual. Cases generally don't move from adult court to juvenile court; I can't say it's impossible here-- there are ways that could play out, I suppose-- but it's just very unusual. Throw in the factor of there being some sort of agreement to testify/cooperate, the fact that there is apparently some sort of media interest, and it's all pretty unusual and challenging.

    Because it's such an unusual situation, you really, really can't turn to the internet for an answer. Nobody here will be able to give you anything like a concrete answer to these questions. The minor's lawyer is the only person in a position to answer these questions; certainly, if there is anything like wrongdoing or unethical behavior going on, that attorney is the only one who can really have a sense of what the best response might be.

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  • When someone has "no bail" when is that person capable of being released?

    I fully intend on finding a lawyer for my friend. He was previously charged a few months ago with vc 23152(b), which from my understanding is DUI related. He was arrested and booked on pc 166(a)(4), from my understanding is contempt of court...fro...

    Andrew’s Answer

    No bail means what you might guess; there's no bail possible at this time. There are situations, not exactly "common" but certainly not unusual, where a warrant has issued for an individual that a person may not post bond to secure release. There are also other kinds of no-bail holds which can be put in place to prevent a person from bonding out-- for example, immigration authorities can have a no-bail hold put on a person, so that they can detain the individual following the conclusion of pending criminal proceedings.

    Assuming this is a no-bail hold due to a pending complaint or probation violation (as opposed to an immigration hold, or hold from another state's judicial system), at the upcoming court date, your friend's attorney will have an opportunity to argue to the judge as to why a bail amount should be set, and in what amount; it's also theoretically possible the person might be released on his or her own recognizance at that time. It would be extremely unusual-- likely, legally impossible-- for a bail amount not to be set at the court date if the charges are all misdemeanors, but the amount might be rather high, depending on the circumstances.

    In the end, only an attorney actually retained to help your friend, who can get into the details and who is familiar with the particular court (and judge) handling your friend's situation, will be able to give your friend anything resembling specific advice as to what to expect. This is just general information; there are a lot of details which would have to be known before anyone could so much as guess as to what to expect, other than to say it's highly unlikely that anyone will be going anywhere before the 29th.

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  • Does this mean that both felonies were reduced to misdemeanor or just one? (only one reads RM)

    New Court date was given with RM replacing the last two digits.. I was charged with 2 felonies. Now it shows two court dates with one case number reading RM at the end.

    Andrew’s Answer

    If you're writing from Pasadena about a situation in Los Angeles County, you really need to have this specific document looked at by whomever represents you. This would not be a typical notation to find on an LA County docket. "RM" is not, to my knowledge, any sort of normal shorthand or annotation for "reduced to misdemeanor" in this jurisdiction. I see Mr. Hill has also answered this question along similar lines, and he's in the same county.

    You need to get this information looked at specifically by your lawyer on the case.

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