Archived
I have a question about probation modification or requesting the court to impose a mutual restraining order.
David's answer
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Answered on September 28, 2015
File your petition for a civil harassment restraining order...in civil court. But before you do that, you will want to run the draft by your...
Archived
Can a person have a warrant for their arrest if there is no police report?
David's answer
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Answered on September 28, 2015
Yes and yes. Whether or not such "hearsay" would be admissible in court is a whole other issue.
Archived
Questioned by a federal officer, should my Miranda rights have been read?
David's answer
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Answered on September 28, 2015
Miranda rights would only be required in the prosecutor attempted to introduce statements you are alleged to have made while "in custody" and...
Would this result in a VC 14601.2(a) charge being dismissed?
David's answer
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Answered on September 28, 2015
Such a situation would not provide legal grounds to challenge the VC14601 charge so long as the suspension was valid at the time and you were aware...
Archived
Follow Up to Marijuana Possession Infraction Notice to Appear in San Diego, CA
Code and Section are 11357 (B)
David's answer
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Answered on September 16, 2015
Unfortunately the health & safety code section your son will be charged with does not list any and all possible collateral consequences of a...
Archived
I got a dui, 9/9/15. BAC 0.08%+ Never had suspended license. 72 years old. Never DUI. Do I need a lawyer or just plead guilty?
David's answer
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Answered on September 16, 2015
Resist the urge to post anymore case specific facts about your case on public forums and start consulting with a few quality, locally experienced,...
Archived
I got a dui, 9/9/15. BAC 0.08%+ Never had suspended license. 72 years old. Never DUI. Do I need a lawyer or just plead guilty?
David's answer
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Answered on September 16, 2015
Even if you do not hire a quality, local experienced criminal defense attorney, make sure you setup your DMV administrative hearing within 10...
Archived
Possession of Marijuana Charge in San Diego, CA
David's answer
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Answered on September 14, 2015
It is similar to a traffic violation but for the possibility of a 1 year driver's license suspension. Your son would benefit from the assistance...
Archived
I was arrested for misdeamenor DUI. I missed the court date. Can they add additional charges?
David's answer
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Answered on September 14, 2015
The prosecution can certainly file a misdemeanor failure to appear charge, but your main concern should be getting the warrant for your arrest...
Archived
Am I eligible for expungement if I violated my probation, but then had my probation re-instated and completed later?
David's answer
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Answered on September 10, 2015
Yes, you would may be eligible (depending on the conviction). Either way, it can't hurt to try. Maximize your chances at success by retaining a...
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