Archived
I was arressted for dui, filed on for, being under the influence, doesnt that say it was an unlawful stop?
Douglas's answer
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Answered on December 11, 2012
No, you are not correct ! Which is what you may well find out when you appear in court and they have filed additional charges against you. From...
Archived
Can charges be pressed after weeks of the incident (property damage)
Douglas's answer
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Answered on December 11, 2012
Well, based upon what you have related, the ex did report the incident to the police, albeit without any names. So, it is no longer a matter of...
Archived
Bf is on trial in a few days for a rape but it was concentual as she lied about her ageshe was actual 15 can he still go 2 jail
Douglas's answer
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Answered on December 11, 2012
Unfortunately, statutory rape is what’s known as a “strict liability” offense. What that means is that the law does not care what he knew or...
Archived
Can the Govt take my husband's 401k, salary, stocks, and house if I owe a restitution?
Douglas's answer
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Answered on December 11, 2012
Yes, Lisa, the recent marriage apparently triggered the government to ask for you new financial status. But that does not necessarily mean they...
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Archived
How many years does a crime have to pass for it to be wavered
Douglas's answer
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Answered on December 11, 2012
It obviously depends on what the crime was. But as Attorney Rafter accurately points out, these days, waivers occur very seldom.
Archived
HOW MUCH JAIL TIME FOR RECEIVING KNOWN STOLEN ITEM, AND CAN THESE CHARGES STICK.?.HELP IT WAS NOT BOUGHT WITH KNOWLEDGE OF THEFT
Douglas's answer
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Answered on December 11, 2012
First, I want to echo Attorney Gutekunst's praise of you for your courage in standing up to the pressure and refusing the police entry into your...
Archived
Under new California Prop 36 law, what deems a crime a strike and how is it effected in a three strikes case?
Douglas's answer
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Answered on December 11, 2012
As you are obviously aware, the new Proposition 36 law revised the three strikes law to impose life sentence only when the new felony conviction is...
Archived
What happens to an innocent person if their house is drug busted because of a roommate
Douglas's answer
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Answered on December 10, 2012
I have to completely concur with the previous response. Depend on what the police find and where they find it, you will more than likely be...
Archived
Can you be convicted of burglary in california on solely an officers testimony that he saw you exit a building in which the door
Douglas's answer
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Answered on December 10, 2012
If the officer's testimony was in fact that all he saw was you exit the building, the prosecution would have a problem. Assuming that there was no...
Archived
Expunged Misdemeanor for Embezzlement/Petty Theft
Douglas's answer
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Answered on December 10, 2012
An expungement, in California, permits one to respond with a "no" to an inquiry from a potential private employer's inquiry regarding past...
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