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George Isao Kita

George Kita’s Answers

16 total

  • Can a 484 pc a be taken out or our record? I am a 17 years old, still a minor. What will happen once i turn 18?

    What will happen once we turn 18, will this 484 still be on our record, or can there be any possible way to take it or clear it offour record? Is it both our first time we are caught for shoplifting and also our first time taking something from ...

    George’s Answer

    If you are in Los Angeles County, you can file a petition under 781 of the Welfare and Institutions Code to have your petty theft case sealed. You can pick up the form at the Juvenile Court where you had your case, and file it in the same court at the clerks office. Currently there is no filing fee for this in Los Angeles, although other counties typically charge a $120.00 filing fee.

    When you get your record sealed, the offense is deemed to have never occurred. You have to be 18 years of age or 5 years must have passed the court terminated its jurisdiction. You need to provide the JAIN # and the PDJ #. This information is contained on the petition. If you do not have any paper work from your case, ask the court clerk to provide a print out of your case. It will show what charges you had and the result, home on probation, camp, placement, etc.

    Certain offenses cannot be sealed. These are serious felonies listed under 707 of the Welfare and Institutions Code when the minor was 14 or older when the offense was committed.

    However, rest assured a petty theft offense is a misdemeanor and is not on the 707 list and therefore you can get your record sealed.

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  • I live in california, my wife got arrested for domestic violence but i dont wanna press charges.

    the cops got called to me and my wifes house during an argument, i had scratch marks on my neck which isnt that big of a deal to me, and they arrested her even though i said i didnt want to press charges. i posted bond for 2,500 to bail her out an...

    George’s Answer

    The prosecutor will decide whether to file charges based on the state of the evidence. In other words, they will be looking at what evidence there is to prove the case beyond a reasonable doubt. In a domestic violence case, they will be looking at physical injuries, as well as statements made by the persons involved in the altercation. When the evidence is shaky, some prosecutors will agree to have an office hearing with an assigned hearing officer. Often times, those office hearings will result in no charges being filed. Not all prosecutors have a hearing officer though.

    When the evidence shows that it is a low grade offense, prosecutors will consider filing a misdemeanor filing of penal code section 243(e)(1). A conviction will usually result in a requirement to attend a 52 week counseling course, a fine, and other conditions.

    Whether charges are filed or not, you and your loved one should have family counseling if you want to overcome any bumps in the relationship. Good luck and I hope everything works out.

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  • How do I protect my 13yr old who is being falsely accused of molesting a younger child in the home?

    they took my child from school to the PD department and questioned him without notifying a parent. Is this legal?

    George’s Answer

    If your son is being accused of child molestation, you need to hire an experienced juvenile attorney immediately. If you cannot afford one, the court will afford a public defender.

    The Police do not need your permission to interview him. However, the statements made to the police may still be inadmissible depending of the circumstances and facts. Police often get coerced confessions.

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  • 24 year old male got 17 year old pregnat soon to be 18 in 2 months is it legal

    no charges aginst him ...he is wounderfull and loves her what would happen to him

    George’s Answer

    No it is not legal. The 24 year old male could get prosecuted for statutory rape pursuant to penal code section 261.5.

    And depending on how long they have had sexual relations, other charges could be filed as well. Often, these kind of cases are initiated by the parents of the minor.

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  • Where do I file a petition to seal juvenile records?

    I picked up a copy of the petition at one of the juvenile courts, but it did not come with instructions on where I need to file the petition.

    George’s Answer

    • Selected as best answer

    In Los Angeles, the rules have recently changed. It used to be required that the filings take place at Eastlake Juvenile Court for all Juvenile cases in the County of Los Angeles. That policy has changed as of this year. For misdemeanor and felony cases, the filings are done at the courts clerks office in the same building where the case was at. You can get the petition from the Juvenile Court Clerks Office.

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  • Will i serve jail time for driving with a suspended license?

    i recently got a citation for driving with a suspended license. however i was not pulled over or committed any traffic violation. i was parked and sitting in the drivers seat of my car and my boyfriend got out and walked around the corner to his b...

    George’s Answer

    Every court has their own policy and every county handles cases a little differently. What is the reason why your license is suspended? If it was because you owed money on a ticket and have since gotten your drivers license reinstated, the DA may consider dropping your case to a lesser charge of driving without a valid license, VC 12500 which does not carry mandatory jail. However, I don't know enough facts to tell you one way or the other.

    Finally, I can understand your concern about whether the prosecution can prove driving. What evidence is there to prove you had driven there? Is the car registered to you and you had the keys in your hand, and did you admit to driving? Obviously you will need to explain how you ended up in the drivers seat.

    You may want to consult with a local criminal attorney in your area. There are many lawyers listed on AVVO that serve your city.

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  • I got a dui after being in an accident

    minor accident then pulled into a parking lot. police showed up immediately although they saw nothing. they arrested me before i could get any of the opther cars information or pictures.. police did not make a report about the accident nor give me...

    George’s Answer

    The fact that they did not include the accident in the police report is not grounds to get your DUI dismissed.

    It is also not grounds to sue them either.

    Your lawyer would know if there are any issues on whether there is enough evidence to have you convicted of DUI. Don't forget to contact the DMV within 10 days of your arrest to schedule a DMV Hearing.

    To schedule a DMV hearing in San Diego

    * Address
    9174 Sky Park Court, Suite 200, 92123-2666
    * General Information or to Make an Appointment
    Phone (858) 627-3901
    Fax (858) 627-3925

    The San Diego DMV Driver Safety Office is open as follows:

    Monday, Tuesday, Thursday, and Friday 8:00am till 5:00pm.

    Wednesday 9:00am till 5:00pm

    Good luck on your case.

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  • Are juvenile records in california public information?

    Can anyone inquire about criminal background see the record for employment

    George’s Answer

    • Selected as best answer

    No Juvenile records are not public information. Juvenile records are confidential and in generally cannot be accessible without a petition to the Juvenile Court under Welfare and Institutions Code section 827.

    However, I know that some people with minor petty theft offense had their arrest show on a live scan even though the case was dropped and never prosecuted. Certain jobs and colleges require live scan.

    The best thing to do is get your record sealed. You can get the form from the the clerks office at the Juvenile Court. You have to be 18 years of age or 5 years must have passed since the incident. Most courts also require a one year waiting period after you get off probation before you can apply.

    The law is constantly changing so you should get your record sealed as soon as you are eligible.

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  • What is difference between Juvenile Traffic Court and Juvenile Court?

    I was caught shoplifting at 16 yrs old and was taken in by police and had to attend court. I had to take juvenile shoplifting prevention class and pay a fine but i did community service instead. My case was held in juvenile traffic court. Is thi...

    George’s Answer

    • Selected as best answer

    The case was probably resolved as an infraction. My guess is that your record shows up as a 490.1 infraction usually for offenses $50.00 or less.

    You can get a print out of your case at the Clerks Office at just about any juvenile court. Then you should file an application to get your record sealed. You can get the form at any juvenile court in Los Angeles County. However, the clerk can also tell you which court you need to file it at. You are eligible to get it sealed if you are 18 years of age or 5 years has elapsed since the offense, which ever comes first.

    Once the judge approves your sealing petition your record will be sealed. This is important to do for any theft related offenses regardless of whether is was resolved in juvenile traffic court.

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  • My minor shoplifted while on vacation in California and got caught. what will happen since she does not live at home.

    just wanted to know what might come of the shoplifting offense since she does not live in the state that she committed the crime.

    George’s Answer

    If the shopkeeper (store) employee made a citizens arrest, then you and your child would have likely received a citation to appear in juvenile court for petty theft. In general, California Juvenile Judges generally do not sentence minors who live out of state. They often will determine if there is enough evidence to sustain a petition but the sentencing will often occur in the county where the minor resides. Thus its very possible to have a California Judge hear part of the case and then transfer the case for sentencing to another county or state where the minor resides.

    Since the dollar is amount is $100.00 it is also possible that the California court may offer some kind of informal probation for six months under Welfare and Institutions Code section 654. Its hard to say since you did not provide enough facts. Some shoplifting cases are prosecuted as burglaries if there is indicia that there was intent to steal before entering the store. You should consider hiring a local attorney in the county where the shoplifting occurred.

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