I am currently doing a livescan for a city job (government agency) and am nervous because I have an arrest record from 2013 for a domestic violence dispute. The DA rejected the case. The case was dismissed: no charge and no conviction due to ins...
No, it should not affect you. You are presumed innocent when you are arrested and if the prosecutor doesn't file charges, the arrest becomes a Detention pursuant to PC 849(b) and cannot be used against you.
You may be eligible for a Finding of Factual Innocence, but without seeing why the prosecutor rejected the case, it is impossible to tell. In other words, the acts may have occurred, but for a myriad of reasons, the prosecutor may have elected not to file charges.
Make sure, if they bring it up, that they see that there was no case filed!
You may want to contact an employment attorney to see what you can do...
I get off probation in january but i want to move to a different county
If you were given probation with joint suspended, when your probation expires in a month, you can go wherever you want as long as you have no other cases pending! I would just wait until you are off so you don't have to go to Probation and possibly court to get permission.See question
Or is that a mistake on the citation
If you are alive, it was a mistake! The highest i have seen for someone still alive is .42 which means almost a half percent of the blood is alcohol, that one's vital organs don't operate well on!
It is probably a .08% and the officer is sloppy in penmanship! \
If you look at your booking receipt, the actual BAC should be listed towards the bottom.
You need to retain an attorney or contact the DMV within 10 days of your arrest to set a hearing. This is separate from court so public defenders, who can help you in court if you qualify, can't help you in the hearing to try to save your license. If in fact it is .08%, there are many good arguments that can be made.
Be aware, however, that if you are basing it on what is written on a citation after VC 23152(b), that is just the charge, Driving with over .08%. Many clients see that and presume that is their BAC.
What should I do
The simple answer is yes, you should always request a hearing. As Mr. Artz says, DMV hearings are great discovery tools. The cops are never that prepared for Cross examination like they are in court. It is a very technical hearing, so something like the times being off can end up with a set aside.
You stated that your license was already suspended. For what? If you don't have a valid driver's license at the time you were arrested, there is a mandatory jail sentence of 48 hours in addition to the other penalties.
There may also be defenses. I have handled hearings where the client is arrested for combination of alcohol and drugs or just drugs. Unless there is a BAC over .08%, you win at the DMV!
I have a trial at Stanley Mosk downtown this Monday 9:30 am. I am being dropped off and will have with me some cartons of documents and a hand truck. I've never been to Mosk. What would be the best entrance to use? And what would be the best l...
You are probably best off entering on the Grand Street entrance (the courthouse is on a hill and that is the top) but if you repost under Family or Civil litigation you might get a better answer since there are no criminal matters heard in Mosk. We go to CCB at 210 W. Temple.
Good luck! Try calling the clerk in the courtroom you are going to and ask for best entrance.....
I'm 19 and was caught shoplifting a $32 polo shirt from Nordstrom. They told me they would not notify the police, or my parents and that it was to be handled "in house." They said that I am banned for 2 years and that I would receive a notice in 2...
There are probably more answers in the AVVO past posts on this question than any other. Throw it away, it won't help your case to pay as it is a civil issue. They hire collection mills to send out the letters. It would cost them more to sue you than they would hope to collect.
On the other hand, make this a learning lesson. Stores are all equipped with surveillance cameras. Your case was not filed due to the amount being under $50 that makes it an infraction.
So I have already had 3 pretrial conferences each time I have waived my appearance, an offer is made, and another pretrial conference is scheduled. The next one is scheduled for the end of January and want to waive that too. How many times can I d...
It's up to your lawyer to have you there or not. However, at some point the Judge is going to want it resolved or go to trial. If you are there, the chances of resolving the case is better.See question
Only posted sign is for 2 hr parking, except Sunday. I am completely devastated by what I believe is an illegal citation and tow. I have stage IV metastatic cancer and SSI only. I barely have food money-let alone the amount of money to pay the t...
Yes. The disabled plates allow you to not pay at parking meters, but you are still subject to normal parking regulations.See question
What are the chances of going to jail
Mr. Blair is correct. If you lost the Admin Per Se hearing at the DMV on the first, they will consider it a second. If they sustain this action, your license will be suspended for one year.
However, if your first one was never filed, this will be your first.
Would the third party actually have to sign the protective order in order to be bound by the order? Can the third party still disclose the documents even if there is a protective order in place which he didn't sign?
One would have to see the Protective Order, but they are generally issued to prevent dissemination or use of the information in other proceedings.See question