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David Alexander Russomanno

David Russomanno’s Answers

122 total


  • When should I expect the courtesy notice for my traffic ticket?

    Just received the ticket a few days ago.

    David’s Answer

    Typically, your citation is entered in the court system four to eight weeks after you receive it. Once the citation is in the system, you will receive a Courtesy Notice outlining your options.

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  • What can i do about the rape of a friend by her father when she was younger when it is unlikely that she will bring charges?

    shes told me she was raped and molested by her father from 3yrs to 13 and given details. shes been to therapy for it but hasnt and refuses, as far as i can tell, to bring charges against him.

    David’s Answer

    You could report the crime to the police, but your friend may not be happy with you if you did.

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  • I was accused of false assault charges by someone. In the end it was dropped but I had to pull my kids out of day care.

    I was accused falseley of assaulting anothe rparent in my childs day care. I neevr touched the lady and she went and filed a police report that was later dropped. As a result of her action I had to remove my children from the day care. Please le...

    David’s Answer

    I agree with my colleague. You should be thankful that the charge was dropped.

    You can sue anybody for any reason. Now, whether you will win the case is another matter. Given the facts, if you decided to pursue this, I think the legal fees and costs would most likely exceed any settlement or award you might receive.

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  • Today i have court for two counts of burglary can ask for a continuance as im trying to find counsel out of county.

    I had written a few checks on m closed account! As my ex sister inlaw is the assistant D A. In a very small town and the law here is who you know ! she is a very vendictive lady as we are not on good terms. my first time introuble

    David’s Answer

    Yes, you can ask the judge for a continuance. Please know that Avvo is a public website viewable to law enforcement and the attorney's for the People of the State of California. You have just made an admission and it could be used against you. Do not communicate in any way about the facts of this case, unless you are talking with your retained attorney under the protection of the attorney-client privilege. Good luck.

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  • Can my son sue the police department for his bail ?

    My son was arrested in Cerritos Ca. for possession of less than a cap full of marijuana and charged with a felony. He was supposedly stopped for runnin a stop sign in a parking lot. He told the officers at the time he didn't know it was in his car...

    David’s Answer

    Yes. You can sue anybody for any reason. Now, whether you will win the case is another matter. Given the facts, if you decided to pursue this wrongful arrest claim, I think you have an exceedingly weak case and the legal fees and costs would most likely exceed any settlement or award you might receive. Please note, that you only have six months in California to bring a claim against a government employee or government entity.

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  • I am in California. I was in a car accident that was clearly the other persons fault. I have a suspended license with insurance.

    Can i file a claim against the other persons insurance company and still get my car fixed without having charges or fines filed against me?

    David’s Answer

    I agree with my colleagues. The fact that your were driving on a suspended license will not stop you from filing a claim against the other person's insurance company. If you were cited by the police at the accident scene or they are conducting an investigation after the accident, it is unlikely that you'll have charges or fines to contend with. It would be in your best interests to have an experienced and competent personal injury attorney helping you with this matter.

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  • Pulled over not arrested, off. searched vehicle found bullets no gun, searched house did not arrest me? Have not heard anything?

    Do you think I will go back to jail/prison? Do you think the cop just let it go, or did he contact my Parole off.. and will let them handle it. Should I call them and ask?? I am scared wondering if they will come get me? I do not have any warra...

    David’s Answer

    Your parole officer would typically find out when the cops checked your ID, see you're on parole and arrest you. Given that didn't happen yet, you should consider yourself lucky. You should consult with your attorney first, but I think being upfront with your parole officer would be the best way to go. If your parole officer finds out, it doesn't look like you are hiding anything.

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  • Marijuana charges

    my son was arrested for 11360 (a) hs 11366 hs and 25658 a bp m his bail was 30.000.00 we bailed him out, they arrested him from our garage, he was drinking beer the other guy was 17 years old he is a family friend, my son ahd smoked some marijuan...

    David’s Answer

    A juvenile conviction is a serious matter and may result in serious future consequences for you son. A conviction may result in the denial or revocation of a driver’s license, denial of employment, and schools refusing to give financial aid. Even if the offense is a minor one such as possession of marijuana, this could occur. Also, a child can either be placed on probation, imprisoned in a probation camp, sent to a juvenile prison and, in more serious crimes, the juvenile could be tried as an adult and sent to prison. Without question, it is important to protect your son's future should he be charged with a marijuana crime. We are here for you to discuss your rights free of charge. What happens in court really depends on the evidence the police have against your son.

    California Health and Safety Code Section 11360 makes it a straight felony for anyone to offer to or actually sell marijuana and if a person is found guilty of said offense, the person (an adult) can be punished by imprisonment for up to four years in county jail. In order to demonstrate that your son had the intent to sell, the police will look for additional indicators such as large amounts of cash, baggies, scales, cell phones, paraphernalia, and address books, etc...

    If your son's criminal defense attorney can establish and prove that he is living at another address and that he only visited and spend the night occasionally then he should not be convicted of H&S 11366 as that applies to a person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance.

    25658 is giving alcohol to or purchasing it for a person under 21 years of age. It's a misdemeanor. violation, which subjects one (an adult) to jail time and fines.

    The DA can charge whatever he thinks he can prove, but s/he must be able to prove it.

    You need to contact a criminal defense attorney immediately. Additionally, you should inform your son to not talk with anyone about these charges besides his attorney to ensure that the attorney-client privilege is not waived and he doesn't say anything that could be use against him.

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  • Can criminal defense attorneys investigate murders?

    Like once a criminal defense attorney is hired how would he gather information about the case? I know the police has to share their finding, but how would the attorney go about finding their own stuff?

    David’s Answer

    It is defense counsel's duty and job to investigate every aspect of the case. The more he or she knows about the case, the more adept he or she will be better able to service and advise the client and fight the charges. Yet defense counsel should have or use an investigator to conduct the investigation because the lawyer typically should not do it on his or her own.

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  • Eligibility for "deferred prosecution" or "diversion" regarding assault case?

    Recently, I was foolish enough to get overly intoxicated and this led to an altercation in which I struck an individual at a bar, and am now being charged with "assault with serious bodily injury". I apologize but I do not recall the exact PC of ...

    David’s Answer

    You need to realize that you are making public admissions of guilt on Avvo that may be used against you in this matter. So the best thing for you to do is to remain silent and only discuss the case with your attorney. If you want the best result in this matter, you will need to retain an experienced and competent criminal defense attorney. If you cannot afford one, contact the Public Defender's office pronto. Good luck.

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