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Angela M Berry-Jacoby
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Angela Berry-Jacoby’s Answers

288 total


  • If I let two people who may have a beef with each other leave my house together am I responsible if it goes bad.

    Two of my friends have a problem with each other and I was trying to get them together to talk it out but when they got to my home they acted like there wasn't. They left together and I later found out one of them had actually planned to beat the ...

    Angela’s Answer

    If you had no knowledge of the plan, you have no problem. The particular circumstances of your communications with the two obviously are important. If it can be shown that you and the "beater" planned to get the other to your place for the purposes of the beating, you can be liable as an aider/abettor.

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  • Do I need a criminal defense attorney?

    Hello, I have a situation concerning theft. It's not criminal yet, but I'm in need of some advice. I was caught shoplifting and a few weeks ago, as procedure, I received a civil demand in the mail. Do I need to pay the civil demand? How likely is ...

    Angela’s Answer

    First of all, don't make admissions on line. You never know who is monitoring this. You do need a lawyer. The civil demand, as your research has confirmed, is standard. Typically it's the same law firm representing retailers throughout the country and then he has an in- state lawyer handle it to avoid practicing law out of state. The civil payment is permitted under California law. It, however, does not preclude criminal prosecution. Rarely has it in my 25 years of defense work. When I'm presented with these demands I write the lawyer explaining that while criminal prosecution is possible, my client will not be paying it, as the payment could be construed as an admission and my client has 5th amendment right not to implicate self. Basically, I tell them that it won't be paid, asserting the right against self incrimination. Whether the civil demand lawyer ultimately sues you is anybody's guess. But I've never seen it done and it would probably cost more to pursue in small claims court than it is worth.

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  • Is there any defense to argue that this is not the same crime as being caught in the possession of a loaded handgun?

    I am a convicted felon, prohibited from owning a gun. It is alleged that I was in possession of an unloaded firearm. The possession was not physical but found to be in an area where I had some control of the access too. The gun is a family heirloo...

    Angela’s Answer

    You asked if the facts amount to possession of a loaded firearm. You told us, however, that there was no ammunition. So, it does not appear to establish possession of a loaded firearm. However, you also mention that you are a convicted felon, so if your question is do the facts support ex-con with a gun charge, PC section 29800 prohibits possession of a firearm by a felon. Possession can be actual (e.g. "physical") or it can be constructive. Obviously the Prosecution would have the burden of proving constructive possession and presence in an area to which you have access can be sufficient.

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  • What do I do? Is there a form I need to fill out? Should I write the D.A. or go down in person? How do I get my Disability back?

    In January one of my neighbors stole my checkbook and Drivers License from my house I was unaware of the checkbook being missing for almost a month (I hardly EVER write checks) but noticed right away my Drivers License was taken from my wallet but...

    Angela’s Answer

    The DA's office believes you wrote bad checks and is giving you an opportunity to participate in its program, usually in lieu of filing criminal charges against you. So, in addition to having the bill from the DA's office and the cessation of your SSI payments, you have a potential criminal case against you. It is imperative that the DA's office be informed of the situation. Now, based on your inquiry, it appears that you do not have funds to hire an attorney, and typically the Public Defender's Office does not get appointed by the court until a criminal case has been filed, but I would suggest you start with the Public Defender to assist you in the potential criminal exposure. I leave for my colleagues in the other areas of law to comment on the other aspects of your problem. Good luck.

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  • Can this case be thrown out due to illegal search and seizure? does my husband have any rights?is it legal to search the car?

    me and my husband were driving down the road and a sheriff car turned around and hit their lights right away for no reason at all. we live in California and my husband has a suspended drivers licence the car is mine . it was registerd and insured ...

    Angela’s Answer

    Sounds like you know a little about the potential issues here. First of all, the officers needed reasonable suspicion for the traffic stop. Will they say they recognized your husband as someone thee know to have a suspended license? If so, stop ok. Impound ok due to violation and inventory search ok. Problem under that scenario is the opening of containers. If search of car is search incident to a lawful arrest, only the parts of the within his reach after detained can be searched. Probably not the purse. If an inventory search, purse search probably ok. You need a lawyer look at the nuances. You might want to also consider having your lawyer order the officers' MVARs and dispatch logs to see what those might reveal about the time leading up to and during the warrant less search.

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  • If I make a fair dissolution settlement offer in exchange for agreeing to not notifiy the SSA of fraud, is that extortion in CA?

    N/A

    Angela’s Answer

    We need more information. Are you asking if you settle a civil suit in exchange for not reporting the other's wrongdoing to law enforcement or quasi law enforcement whether that is extortion? If so, still need more information. Are you the civil plaintiff? Normally it is not wise to threaten or appear to threaten criminal, quasi criminal or administrative reporting to gain a strategic advantage.

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  • Do judges call defense counsel in between court date to discuss cases?

    I was represented by a public defender for a DV case. This was my second hearing however this was a substitute judge this time. He extended my case for a month so this judge could call the prior judge or listen to the audio before making a decisio...

    Angela’s Answer

    Judges are not permitted to review police reports or conduct investigation regarding the facts of the case. The only feasible thing the judge could be doing is reading or listening to procedural history. So, don't worry about the judge learning something the parties are not privy to.

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  • My friend was supposed to get release on 2-11-16 from Solano state prison we went to pick him up out that way.but he was not rel

    I went to the jail to pick up a friend on the release date. Can't find out why he wasn't let go

    Angela’s Answer

    When you say your friend was "supposed" to be released, what are you basing that on? Something you found on line? If not, what efforts have you made to speak with someone to determine the problem? We need a little more here to be able to help / steer you in the right direction.

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  • Is there a jury at arraignment for a misdemeanor or only a judge and no jury?

    Are juries only for felonies or violent crimes or what other situations do juries come into play?

    Angela’s Answer

    the arraignment if the unveiling of the charges and you enter your plea (e.g. "Not guilty", "guilty", "no contest", Not guilty by Reason of Insanity). It starts the process. As such, it is more procedural than anything else if you are entering a plea of "not guilty". It is only a judge. A jury will only be present when the matter is set to go to trial. That is when your constitutional/statutory right to a jury trial kicks in.

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  • Should I hire Private Counsel or stick with a PD?

    So on New Years Eve I was stopped outside a rave by an undercover for drinking a beer on the street. He pulled me to a side, asked if I had anything on me and if could search me. I said no to both and he told me I was under arrest for the the open...

    Angela’s Answer

    First of all, sorry to hear that's how you rang in the new year. $2500 is not unreasonable for representation. I would seriously question the experience of the attorney who offers to handle this and the follow up court appearances for less. The problem I see you face however is the cost and inconvenience in coming down to Southern California for court. The PD can not make that first appearance for you. But a private attorney can and either can, provided they're willing for further court hearings. ( PC 977(a).). If you need the comfort of knowing your attorney has your back down here and could go to court for you you might want to consider Coming up with the money. Sounds like you've got a lot to lose given your stellar track record thus far in life. Many of us on Avvo will give you a free consultation, even over the phone.

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