Questions answered by Oscar Ernesto Toscano

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Paternity test after paternity was already established?

Oscar's answer | Answered on August 23, 2012

Paternity is not established until a judgment of paternity has been entered.

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Calif.: the officr wrote "w/in 60 days" for appear day on the ticket. Can I contest the ticket?

Oscar's answer | Answered on August 23, 2012

You file a written pleading entitled "Notice of Demurrer and Demurrer". If you remember the date of when you were in court, you could go to the...

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Stay in or bail out? What is the best time she can hope for?

Oscar's answer | Answered on August 23, 2012

As an attorney, I prefer to have my clients out of custody when I am representing them. When a client is in custody, I am pressured to push the...

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In a federal trial, if the defendant makes a statement, or a witness makes a statement, do they have to have proof?

Oscar's answer | Answered on August 23, 2012

Evidence can be presented directly or circumstancially. Direct evidence is what the witness observed or a photograph or a videotape. Evidence of...

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CA sealing record: Over year ago private security made accusation of shoplifting $12 in groceries; never prosecuted; how to seal

Oscar's answer | Answered on August 23, 2012

You are wise to seal the record. Tricky procedure. Get a lawyer to assist you.

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V.C. 23152 (a) and V.C. 23152(b) with 0.18 BAC in LosAngeles,CA..What will be the charges

Oscar's answer | Answered on August 23, 2012

Get a good chemist to reanalyze your blood sample (if blood or urine was taken from you) or to review the calibration and usage records of the...

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Arrested for misdemeanor DUI, just found out that the DA file it as a felony...

Oscar's answer | Answered on August 23, 2012

Great advice given by my colleagues. It is time to put on your gloves and take the case to trial. Find a criminal trial lawyer who is not afraid...

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I'm being charged 1 count of PC470(D) at Whittier court. Casing a check at walmart but the check is mine but amount $5 to $500

Oscar's answer | Answered on August 23, 2012

What could have been an easy case to dispose of has become a legal nightmare because of the priors. Do not post any specific details. Please...

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Can i seal my arrest record for charge PC 242. my case was dismissed no probation at all and how much would i have to spend

Oscar's answer | Answered on August 23, 2012

I agree with the answers posted. I believe the cost to file the petition you request will range from $1,500.00 and up depending on what needs to...

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Im not sure how to vacate /set aside a judgment for a R O , ex filled 2 complaints 1st on dic 2011 and never was served or mail

Oscar's answer | Answered on August 23, 2012

This is not a criminal case. I think it falls in the Family law area. You have 10 days to file a motion for reconsideration of the order of the...

Oscar Ernesto Toscano's Answers (496)

Paternity test after paternity was already established?

Calif.: the officr wrote "w/in 60 days" for appear day on the ticket. Can I contest the ticket?

Stay in or bail out? What is the best time she can hope for?

In a federal trial, if the defendant makes a statement, or a witness makes a statement, do they have to have proof?

CA sealing record: Over year ago private security made accusation of shoplifting $12 in groceries; never prosecuted; how to seal

V.C. 23152 (a) and V.C. 23152(b) with 0.18 BAC in LosAngeles,CA..What will be the charges

Arrested for misdemeanor DUI, just found out that the DA file it as a felony...

I'm being charged 1 count of PC470(D) at Whittier court. Casing a check at walmart but the check is mine but amount $5 to $500

Can i seal my arrest record for charge PC 242. my case was dismissed no probation at all and how much would i have to spend

Im not sure how to vacate /set aside a judgment for a R O , ex filled 2 complaints 1st on dic 2011 and never was served or mail