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Michael Paul Vollandt

Michael Vollandt’s Answers

39 total

  • Misdemeanor petty theft

    Can you guys please provide me with your info if you can represent me in court with petty theft !!!! I am in san diego !! I really need to get myself an attorney asap !! Thanks

    Michael’s Answer

    Petty theft is a low grade misdemeanor now days and I suggest you start by pleading not guilty at the arraignment and try to get a Public Defender if you can not afford an attorney. If you can not qualify with the PD and can not afford a private attorney then at least speak with the DA at your pretrial hearing and see if you can dispose the matter with them.

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  • Lost DMV hearing; BAC 0.09; case not yet filled but need to my license... what to do?

    A few months ago I got pulled over for speeding and ended up with a DUI, BAC 0.09 and we lost the DMV hearing. My license will be suspended next week for 4 months as first time DUI or I can get a temporary license after enrolling in AB541...

    Michael’s Answer

    You lost the DMV haring, what else can I say. You could ask for a rehearing through the DMV but it is only on the record at the time of the DMV hearing. You get the 4 moth suspension regardless of what will happened in the Criminal Court unless you go to trial and get acquitted. You can apply for a restricted license allowing you to drive to and from a alcohol school and driving back and forth from you home to your job (also while you are diving in the course of you job). Your lawyer is either green or just does not care about you. You can either enroll in 1st offender classes after the first 30 of the suspension are completed or wait out the 4 month suspension.

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  • 17 year old & 3 19 year olds have been charged for attempted murder, conspiracy to commit murder, murder and gang enhancements.

    How much time could they be facing? they are innocent the 17 year old was the one who drove the getaway car as far as im told and the other 2 were just in back of the car, the shooter (passenger) has been charged with several other charges. their ...

    Michael’s Answer

    The 17 year old could be charged as an adult and all three of them could be committed to life in State Prison. If one of the victims died then the charge is PC 187 and all of you children could be charged with that crime as principals in the crime. The appoint lawyers will most likely be seasoned criminal defense lawyers.

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  • Shoplifted at khols. Do I pay civil demand?

    It was the dumbest thing I couldve done I know, I just want to know the next best step to take. I filled out the form not to return. They took my photo, I cooperated calmly and returned the merchandise I had, one item at $60 undamaged and they eve...

    Michael’s Answer

    In the old days attorneys could negotiate with stores to enter into a civil comprise by throwing them a couple of bucks. Also, that is now the exception nor the rule. The store has a statutory right for receiving costs for the cost of store security and the $375.00 figure appears to me most of the demands I see across my desk. If you decline the $375.00 demand you will lose either at a restitution hearing if you are convicted; or you will lose if they sue you in small claims. The call is yours. At the very least you should consult with a criminal law attorney before your arraignment date and before you send along the $375.00 to the store.

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  • Should it start 2 B a concerning issue if the DA on a case doesn't know why the defendant was arrested or what the charges are?

    Hubby is a quality human being who sadly self medicates w/ heavy narcotics to drown out his horrific emotional & physically abusive upbringing by a VERY NARCISSISTIC father. Hubby's been arrested few x's due 2 his behavior which, only comes out ...

    Michael’s Answer

    Very odd. Usually the defendant is the person that claims they do not know why they are in jail or have been arrested. Check with the DA's Office daily until someone there can figure it out.

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  • My cousin is going to court and next to his charge it says dept: nf what does this mean? I no va stands for video arraignment

    charge is attempted murder

    Michael’s Answer

    In San Bernardino Court they do video arraignments five days a week. There is usually a PD standing by off camera if the defendant wants to speak with one of them. Also, a defendant can refuse a video arraignment and if that happens the inmate is transported the next day to the Court House where the charge is pending. The video arraignment is not big deal so most inmates agree to have the video arraignment.

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  • Does a judge have the power/ability to release someone from jail before their 2nd court appearance?

    Inmate has not technically been charged with anything... Without getting all technical or detail yo just want to know if a judge can release someone from jail if they have not been charged with anything

    Michael’s Answer

    If the person has not holds and the DA has not filed their complaint within 2 court days the jail on its own should release the person being "Blue Sheeted" (released without any charges being filed). Withstanding that a Judge can usually release any person in custody if it is warranted.

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  • My sons attorney backed out, who decides which attorney will replace him? Shouldn't he have a criminal attorney for a pc211?

    We fax a letter to my sons attorney and investigator a few days prior to court. He was to say yes or no to the plea. The letter called his attorney out on his waiving the preliminary hearing, trying to coerce my son to accept a plea that is not in...

    Michael’s Answer

    PC 211 is a serious felony and it is imperative your son is represented by a seasoned criminal defense lawyer. If you can privately engage a lawyer you can change the current lawyer without a ny, problems. If your Son's attorney is court appointed then to get another lawyer he would have to do what is called a "Marsden" hearing. If the Marsden Motion is granted then the Court would appoint another lawyer from a panel of lawyers doing business in the local area.

    In my opinion most court attorneys are just as busy as the Public Defender so if you can afford an well qualified attorney than is what you should do.

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  • Glen Helen to west valley?

    My friend was already sentenced and was in glen Helen but yesterday was moved to west valley.. why would they do that? Are people being sent there for releases?

    Michael’s Answer

    My understanding is that the San Bernardino County Sheriff receives funding for each inmate that is transported from one facility to another. Ergo, the move is more fiscal than over crowding or early releases.

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