Archived
Hi. I had a grand theft charge in 2010. In 2015 I had a 17b motion granted then my misdameaner was dismissed. Can I own a gun?
Mauro's answer
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Answered on October 23, 2018
I would respectfully disagree with my colleague in the following manner, although he is correct about the 1203.4 motion, generally a 17b restores...
Archived
Can I dismiss my dui charge?
Mauro's answer
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Answered on October 23, 2018
Not with a .17 BAC, that’s more than twice the legal limit. Every case is different and should be analyzed thoroughly by an attorney.
Archived
how can i get a license?
Mauro's answer
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Answered on October 23, 2018
You go go DMV and comply with their requirements
Archived
How can a trial in court take place if there is a restraining order between victim and suspect?
Mauro's answer
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Answered on October 23, 2018
There’s a restraining order exception for court proceedings
Archived
I got charged with PEN 422(a) but it is the incorrect charge. What can I do?
Mauro's answer
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Answered on October 23, 2018
I don’t know if there was anything you could’ve done, without reviewing the case. I agree with my colleague, the time to fight it was then, at...
Is a simple drug possession HS 11377 a crime of moral turpitude? is there case law to quote stating it is not?
Mauro's answer
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Answered on October 22, 2018
Possession of a controlled substance does not constitute a crime of moral turpitude. [Matter of Abreu-Semino, 12 I. & N. Dec. 775 9BIA 1968)].
I am transgender (female to male). I was arrested for a first-time DUI and fear any amount of jail time. What can I expect?
Mauro's answer
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Answered on October 22, 2018
On a first time DUI, with no accident or injuries, you should not expect jail, and if jail is inevitable you’ll likely qualify for alternatives to...
Archived
Can I seal a record under SB393 if I’ve previously had my case dismissed under 1203.4?
Mauro's answer
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Answered on October 22, 2018
SB393 does not apply to a case that resulted in a conviction. In California, I am unaware of any other mechanism to help you out.
Archived
I had a drug conviction expunged from my record 22 yrs ago. Do I have to disclose this if I’m applying to become a teacher On CA
Mauro's answer
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Answered on October 22, 2018
There are no true expungements in California. A PC 1203.4 motion, merely dismisses the case but the conviction remains. Therefore, yes you should...
Archived
How long does the DA have to file charges?
Mauro's answer
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Answered on October 22, 2018
The DA has upto one year from the date of arrest to file charges.
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