Archived
In your professional experience, how much impact don't do your client's choices before contacting you affect their outcome?
Francis's answer
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Answered on April 08, 2015
There is absolutely NO question that client choices prior to retaining my services play an important part in the outcome of their cases. The...
Archived
I took a plea and was convicted of pc243 (e)(i). Is this a DV conviction?
Francis's answer
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Answered on March 13, 2014
Yes PC243(e)(1) is a domestic violence offense. Specifically defined as battery upon a spouse or cohabitant.
Archived
Does public defender's breach of contract (oral agreement) have merit in a habeas corpus petition?
Francis's answer
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Answered on February 20, 2014
There is most certainly no formation of a contract here. Ineffective assistance of counsel against the Office of the Public Defender, perhaps. But...
Archived
Chapter 7 Bankruptcy question.
Francis's answer
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Answered on February 20, 2014
You can file another 7 now but are not eligible for another discharge until 8 years from your last discharge; thus there would be no point. Also...
Archived
Just got a 14601.5(a) with prior wet and reckless arrest
Francis's answer
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Answered on February 13, 2014
I would not get my hopes up on having this dismissed. The courts have really been going after those individuals who drive on a suspended license...
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Archived
For Calif misdeamenor: if asked DA for info on their claim and no response--next steps?
Francis's answer
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Answered on February 13, 2014
My colleagues are correct. The DA will not release any documents, referred to as 'discovery,' until the arraignment. And they may not release it...
Archived
If a Writ of Possession was issued after a Bankruptcy stay was in force, is it void in California?
Francis's answer
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Answered on August 06, 2013
Unless the creditor/Petitioner had previously sought and had been awarded a relief from the automatic stay with regards to that debt/matter, the...
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Archived
Can I be arrested and booked in the county jail if an officer claims to have found dope and refuses to show me? Or does he have
Francis's answer
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Answered on August 06, 2013
Agreed. They don't have to show you the dope. But it will most certainly raise an interesting issue in defending your case. I too am concerned...
Archived
Should I bring a lawyer with me to answer some questions in a possible ongoing investigation, should I be concerned?
Francis's answer
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Answered on July 05, 2013
First, you should NOT be talking in this much detail on a public forum. Second, you should NEVER speak to law enforcement without an attorney...
Archived
The landlord that rented me the house sold the property and filed bankruptcy. How can I get my security deposit back?
Francis's answer
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Answered on June 26, 2013
I agree with my colleague. You need to know where in the bankruptcy proceedings the landlord is currently as well as what chapter was filed. It...
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