Questions answered by Mark Gerald Spencer

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Are my assumptions about expungement eligibility correct? If no, why not? If yes, how does she proceed?

Mark's answer | Answered on March 25, 2016

I have not heard of or experienced any kind of "treble" damages in a criminal restitution context. I doubt that she can get the expungement until...

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How can the court revoke my probation before I had a chance to get a doctor's note or plead innocent to violation of probation?

Mark's answer | Answered on March 25, 2016

I would take whatever written note you have and schedule a court date as soon as possible. The most likely scenario is that you would be...

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Is this a probation violation?

Mark's answer | Answered on March 25, 2016

I agree it appears to be a probation violation of some kind. Either you did something that violated the terms and conditions of your probation or...

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Can he still change his plea and agree to the offer that was offered by the people ?

Mark's answer | Answered on March 25, 2016

Your BF can make a motion to withdraw his plea. He has grounds to do so. However, the plea form he signed probably has a section where he...

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Can he still change his plea?Since the people are making it clear they would rather do that than go to trial ?

Mark's answer | Answered on March 25, 2016

If your BF has already been sentenced to Count 1, the deal may be off the table. I would have him contact the DA to see if they can wrap the other...

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Is he going to be released after his second court date?

Mark's answer | Answered on March 24, 2016

It is difficult to say from the information given. However, I am guessing that your friend will not be eligible for release until there is a...

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Clarification on DUI record removal from public records

Mark's answer | Answered on March 24, 2016

I believe that you will have a public record of the conviction until you personally take steps to have it removed (ie, have the conviction expunged...

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How can I be sure LASD is telling the truth?

Mark's answer | Answered on March 24, 2016

His attorney can certainly visit him. While it is possible the LASD is hiding something, the better bet would be that the LASD reports and/or...

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Can I appeal the restraining order

Mark's answer | Answered on March 24, 2016

I agree that the time to appeal either the original order or the extension has probably passed. I think your best course of action would be to go...

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Is there a lawyer or legal team that can counter sue them and deal with the criminal defense and civil case on contingency.

Mark's answer | Answered on March 24, 2016

I agree with the other responses. Most criminal defense attorneys would not take a criminal case on a contingency basis. If you wanted to sue the...

Mark Gerald Spencer's Answers (450)

Are my assumptions about expungement eligibility correct? If no, why not? If yes, how does she proceed?

How can the court revoke my probation before I had a chance to get a doctor's note or plead innocent to violation of probation?

Is this a probation violation?

Can he still change his plea and agree to the offer that was offered by the people ?

Can he still change his plea?Since the people are making it clear they would rather do that than go to trial ?

Is he going to be released after his second court date?

Clarification on DUI record removal from public records

How can I be sure LASD is telling the truth?

Can I appeal the restraining order

Is there a lawyer or legal team that can counter sue them and deal with the criminal defense and civil case on contingency.