Archived
On Felony Probation in another county, detained for drunk in public, released on PC 849(b), will PO find out and violate me?
Seth's answer
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Answered on February 23, 2013
The Probation Officer could find out about it if they run your rap sheet. Arrests that are detentions still show on a rap sheet. You can still have...
Archived
My felony was recently dismissed under 1203.4.
Seth's answer
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Answered on February 23, 2013
You have to apply for a 1203.4 expungement. However, there is now a presumption against you because you violated probation.
Seth Weinstein, Esq....
Archived
Is victim statement damning the prosecutions case admissible at appeal?
Seth's answer
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Answered on February 23, 2013
You probably do have an Appealable issue because the Prosecution must disclose exculpatory evidence. The Prosecutor probably interviewed the person...
Archived
Can a convicted felon be arrested when DEA raids there house and finds a half pound of weed ?
Seth's answer
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Answered on February 22, 2013
The federal government does not recognize medical marijuana. The DEA is a federal agency and their cases are prosecuted by the U.S. Attorney's...
Archived
My husband is in custody these are his charges a 470pc, 484 (A)pc, 211pc, 459pc 2nd dgr, and 3455pc how much time is he facing?
Seth's answer
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Answered on February 22, 2013
He is facing some significant state prison time. It is true that California prisons are overcrowded, but they have relieved some overcrowding by...
Archived
Parole officer trying to find any reason to violate. Absconding after checking in with Officer of the Day?
Seth's answer
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Answered on February 22, 2013
You definitely need to secure private representation for your husband. He could be facing additional state prison time. He needs representation...
Archived
Parole office doesn't give letter of denial for early termination of parole.
Seth's answer
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Answered on February 22, 2013
This is more of a Parole Administrative matter than a criminal defense matter. Is there a parole supervisor you can speak with? There should be an...
Archived
I have a PC 245 case, i am given the opportunity to serve 60 days in jail or 60 days in cal trans to be completed in 180 days.
Seth's answer
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Answered on February 22, 2013
Realistically, even with a 245, you will not serve half time. Ten percent is more likely. Cal Trans puts you out for 60 days. Basically you must do...
Caught shoplifting from rite aid. Already on DEJ facing time. Do i pay the demand?
Seth's answer
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Answered on February 22, 2013
You can ignore the Civil Demand. The Civil Demand really has nothing to do with whether they prosecute you or not.
Seth Weinstein, Esq....
Archived
Does the parole officer have the right to put parolee in re-entry program for finding a medical marijuana card and cigars?
Seth's answer
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Answered on February 22, 2013
There is a California Appellate case that states that if you have a medical marijuana card, it cannot be used against you for probation or parole...
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