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Garret Daniel Weinrieb
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Garret Weinrieb’s Answers

80 total


  • Can a police officer record the questioning of you prior to arrest? If so do you not need to be informed of being recorded?

    I have asked for motion for illegal search and seizure and found out from pd that apparently the district attorney has an audio tape of arrest I'm assuming thus postponing again the hearing.

    Garret’s Answer

    I agree with my colleagues, the police do not need your permission to record any interaction with you. The DA is required to supply your attorney with any evidence regarding your case including but not limited to the recording. If there is a Miranda issue your public defender will be able to address that as they see fit.

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  • Do I still need to tell a job if I have a felony if my case was dismissed

    I got a felony for intent to sell in California back in 2008. I pled guilty to the change and got a felony. I went through the new leaf program and they got my case dismissed In 2015. Do I still need to put felony on my job application? Is there ...

    Garret’s Answer

    The answer to this questions depends upon the type of job your are applying for. For most non-state jobs you do not have to answer yes if the question is have you ever been convicted of a felony, as long as it has been properly expunged. However if you are applying to a state job, such as police officer, teacher or licensing (attorney with California Bar), you would still have to answer yes you have been convicted of a felony. I agree with my colleague, you should contact your public defender to make sure your case was properly expunged, and also pull your record.

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  • What should I do about the jobs I have been applying to and why do they deny me a job for this case?

    Recently I received a letter in the mail stating that I have a warrant for my arrest in a county I haven't lived in for about 5 years. I contacted the public defender to get some more information about it and they tell me I am being charged with m...

    Garret’s Answer

    I agree with my colleagues. You should contact an attorney in that county to go and recall the warrant for you. The attorney may be able to recall the warrant without you being physically present. Once the warrant is recalled you should not have any issues with your background check, unless you get convicted of the charges.

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  • Is there any way to stop the officers from searching my room when I am not there?

    I am renting a room in a house and I am not on probation but The owner of the house is on probation and has a warrant.

    Garret’s Answer

    I agree with my colleagues. You are in a difficult position because the police have the legal right to search the person or residence of a probationer to make sure his in compliance with his probation terms. If you are not present it would be very difficult to stop them from searching your room, and even if you were present it would still be difficult. I also suggest you move and inquire whether your next landowner is on probation before you decide to move in.

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  • Is there anything else i can do to fight this ticket since it was already dismissed from last year?

    June 2015 my wife got red light camera ticket and the car she was driving is registered to me. I sent in a TBD and the ticket was dismissed, Yesterday i received the same ticket from last year, this time they identified her with name, address etc.

    Garret’s Answer

    It may not be easy to get it dismissed again. If she is in fact the person pictured in the driver's seat and the ticket came in the mail in her name, then it will be very hard to get it dismissed. However there is no harm in trying.

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  • Can I mail proof of correction on due date

    I got a fix-it ticket (for registration and tinted windows). I have proof of correction. The due date on the ticket is today (after the 60 day extension). I just found out that I can mail in my proof and payment for dismissal ($50). Can I mail ...

    Garret’s Answer

    I agree with my colleagues, you should take it in. Most courts in LA county have officers that can quickly check off a fix it ticket. Don't take the chance of getting a failure to appear.

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  • Can the prosecutor forget to list booking on terms of plea deal? And can it be amended by the judge in the future.

    Booking I'm not required booking on a misdemeanor

    Garret’s Answer

    I agree with my colleague, the prosecutor does not have to include booking in plea deal. They can ask for it at sentencing or the judge can order it as well.

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  • How do I know if the DA will drop a DUI case in investigation status, (no arrest, ticket or charges yet)?

    I was involved in a single car accident, blew one breathalyzer slightly over the limit, second was under. No blood test was taken. I was not arrested or cited, police officer said I was lucky, there wasn't enough to arrest me but he would hand i...

    Garret’s Answer

    You should contact an attorney to help you with this matter. Generally you will not receive a notice if the case is rejected, however an attorney will be able to contact the DA's office on your behalf to find out whether or not the case has been filed or rejected.

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  • My son's father is on probation and now currently has a domestic violence report pending.

    My son's father is currently on probation he's on his last year finally after 3 years. His probation was from Nevada for identity theft. Recently , we had a dispute which led to him putting his hands on me. He had a couple of drinks.... The neighb...

    Garret’s Answer

    No you can not withdraw the police report you made. The police will decide based on the report given to them whether they will send it to the District Attorney or City Attorney for filing. One of those two agencies will decide whether they want to prosecute him. They can decide that there is not evidence and decline to prosecute. If you did not accurately report what happen or would like to add more facts to your statement you can send a notarized addendum to the agency prosecuting him. Depending on what you say in the statement it may help him or it may harm him. The best thing you can do to help him is to hire a criminal defense attorney to represent him

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