For defendants who are found guilty by a jury, can they still be placed in probation and possibly expunge their criminal record. I am not talking about felonies, but about misdemeanors brought to court by sting operations, in which the police did ...
Yes the judge can grant the defendants probation and still have them serve time in jail. Once the defendants complete their jail sentence they will remain on probation for a period of time and upon successful completion of probation they can petition the court to expunge their misdemeanors. There are a some misdemeanor offenses that are not eligible for expungement. Review California Penal Code Section 1203.4 for all the eligibility requirements for an expungement.See question
Dad filed for divorce, took child alleging child abuse by me. This is false. Dad has alienated child from me. We r going thru reunification therapy. Dad doesn't bring child to see me for joint session saying child doesn't want to see me. He makes ...
I imagine the reunification therapy is court ordered and the father simply not bringing the child to the sessions because the child claims he does not want to see you needs to be addressed in court. If the child is having those concerns then the child needs to be in individual therapy and progress back to joint sessions. Having the court appoint a minor's attorney would be very helpful. You should be seeing your child in some manner and take this issue to court.See question
I filed a 388 a week ago, but when will I get an answer from the court on whether or not they'll grant me a hearing?
If the 388 is going to be contested or if the court desires to hear further evidence on the issue, the court must hold a hearing on the 388 within 30 calendar days after the 388 petition is filed with the court. That is found in California Rules of Court 5.570(f). With that timeline in mind, I would expect that you will hear very shortly as to whether they will grant you a hearing.See question
I WANT TO KNOW HOW I CAN GET SOLE CUSTODY OR JOINT. I WANT TO STAY A PART OF THERE LIVES.MY SISTER AND I HAVE NO RELATIONSHIP.
You need to consult with a juvenile dependency attorney immediately. There are strict timelines in these cases and you do not simply have a right to sole or joint custody because you are a relative. Factors such as your contact with the kids, their desires for contact with you, how long they have been in the care of your sister, and the parents desires for permanent placement, are just some of the many issues that need to be talked about right away.See question
I was caught shoplifting at Kmart of a total of 120.55, so they stated in the letter. The lp left a huge red mark on my arm from grabbing me. I fully cooperated with him and no cops were involved. It was my first time. He had told me that it would...
The letter you received appears to be a civil demand letter and that is a separate issue from criminal charges being filed against you. There is no correlation between payment or non-payment of the civil demand and criminal charges being filed. These civil demands are rarely pursued if you do not pay. But you should consult with a criminal defense attorney in your town who is experienced in these kinds of theft cases for juveniles. They will likely have a good idea on what the chances are of criminal charges being filed based on your situation and how the civil demand letters and being pursued by Kmart's attorneys in your area.See question
In Juvenile Dependency Court in RIVERSIDE COUNTY does the Social Worker Report (CPS) that is given to all necessary parties/individuals/ involved in case before court have to be written the same word for word/identical/completely correspond with o...
Social workers at times can prepare multiple court reports for one hearing. All counsel will receive copies of the court reports and the court reports are not changed depending on the attorney. It is possible that conflicting information in the court reports is due to the fact that multiple reports have been filed for the hearing. The parents have a right to a trial or a contested hearing where they can call witnesses, cross examine the social worker, present evidence in regards to whether their words were twisted, or whether favorable evidence has been left out of court report. Social worker reports are generally prepared in a manner that support the County and are adverse to the parents. You should consult a lawyer who is experienced in juvenile dependency law.See question
I m on probation had one more year to go on it , but took off due to being homeless and out of work? But found work in another state , can I be arrested in that state if I stay out of trouble/
Yes you can be arrested because you are likely in violation of probation. Most formal probation conditions require you to notify the court and/or probation prior to leaving the state. I suggest contacting an attorney or the attorney who represented you and let them know your situation and talk about the best way to resolve the issue. You do not want a warrant hanging over you head.See question
My husband just got arrested on a domestic violence case. It is a felony. I read that PC 273.5 is a strike. If he pleads to a PC 273.5 as a felony would he receive 80% or half time?
PC 273.5 is not necessarily a strike offense. Your husband needs to consult with his attorney about what a plea would mean as far as a sentence and time he will serve. If your husband does plea to a strike offense the court will make sure that he is aware of all the consequences of the plea. He should do everything he can not to plead to a strike.See question
I HAD $400 glasses. Some high school boy(with a reputation for stealing) decided to steal them. I can barely see in class or live without my glasses. Will the police agree to do a search in his house? Will the police even do anything?
You certainly need to contact the police and make a report. They will question you as to why you believe this person is the one who stole the glasses. Hopefully you have more evidence that he stole the glasses other than that he has a reputation for stealing. Depending on how credible your evidence is will depend on how seriously the police take the investigation. A search warrant is not likely.See question
I was caught at sears shoplifting about 90$ worth of others and they just made me sign papers and called my parents a week later I got a call saying I have to appear in court? What will happen? Thanks
You will likely be charged with a misdemeanor theft offense in the juvenile court. You should consult an attorney specializing in juvenile criminal defense as they can explain different options on how the case can proceed. Oftentimes with these types of offenses there are diversion programs through the court that can get the case dismissed at the end. Your background and prior history of other problems with the law will be relevant.See question