Archived
If my case was vacated/ no charges filed and when I look up the case numbers, it says no cases found, am I supposed to go to AZ?
Mark's answer
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Answered on May 10, 2016
In California, the prosecution has up to one year to file charges in a misdemeanor case. In my experience, it is unusual for a prosecutor's office...
Archived
Whats the difference between the two release dates my fiancé got? one is a "kick"?
Mark's answer
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Answered on May 08, 2016
One possible explanation is that the defendant's expected release date is July 18 but if the jail is full and the defendant exhibits good behavior...
Can someone please explain what "remanded to trial court means" on a criminal appeal case?
Mark's answer
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Answered on May 08, 2016
It is difficult to provide a full response without knowing the complete history of the case. However, it sounds like the App Ct agreed with...
Archived
Is the prosecution required to investigate questionable statements made by its witness(es)?
Mark's answer
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Answered on May 08, 2016
As far as I know, there is no state law that requires that a prosecutor prove what a witness says in their statement or their testimony. We have a...
Archived
Hit and Run
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Answered on May 08, 2016
The first thing to do is notify the driver's/car owner's insurance company to inform them about the accident. I really do not believe that custody...
Archived
Do counties know when a defendant is on probation in each respective County?
Mark's answer
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Answered on May 07, 2016
In general, a court (the clerk, actually) will look to see if there is a warrant in the county where that court is located. If it is a felony...
Can i get HS 11352 dismissed later in life?
Mark's answer
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Answered on May 07, 2016
HS 11352 is a sales charge which cannot be reduced to a misdemeanor. It is sometimes possible to have the DA to agree to allow the defendant to...
Archived
Remove kids based off only finding thc in my urine? Without paraphernalia or marijuana in the home or children exposed?
Mark's answer
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Answered on May 07, 2016
If there is a CPS investigation, they must have received some information that there was an issue. If a doctor or social worker observes evidence...
Archived
Advice on how to handle a subpoena to testify in a criminal trial
Mark's answer
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Answered on May 07, 2016
I recommend obeying the subpoena and appearing at the time and place as scheduled. If there are any questions, the attorney's name and telephone...
Can this charge ever be reduced to a misdemeanor or something else:
459 PC type f felony?
Mark's answer
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Answered on May 05, 2016
Typically, a residential burglary is a strike which can not be reduced. However, if there was a pre-plea agreement with the prosecution, it could...
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