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Jeffrey George Moore

Jeffrey Moore’s Answers

785 total

  • How to reduce felony to a misdemeanor?

    I petitioned the Court under CCP 17(b) to reduce a felony conviction (HS 11359 & HS 11360(A)) over 10 years old, to a misdemeanor so that I can then dismiss it as a misdemeanor. They did not set me a hearing , the Judge just took my request under ...

    Jeffrey’s Answer

    Step 1 would have to be getting both of those laws changed to allow them to be misdemeanors. You can't 17(b) a straight felony, which they both are.

    You can get them expunged per 1203.4pc (if you got probation), and possibly apply for a Certificate of Rehabilitation and/or a pardon. A misdemeanor reduction is not in the cards under current law.

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  • Am I eligible for prop 47 with a HS 11379.6(a) conviction?

    I was convicted of HS 11379.6(a) a felony back in 1999, and would like to know if I am eligible to have this charge reduced to a Misd. under prop 47? I was incarcerated for 1 year and completed my probation of 5 years, and paid all fines.

    Jeffrey’s Answer

    Nope. Not an eligible conviction. Probably eligible for a 1203.4 "expungement", though.

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  • Should I be able to surrender to the court before my courtdate to have warrant recalled by judge? Because court said no

    DA issued warrant. Called court .courtdate July 11 .I want warrant recalled. So I don't go to jail.

    Jeffrey’s Answer

    You wouldn't surrender to the court, you surrender to a cop. You can go to any police station and tell them you have a warrant for your arrest. They'll arrest you and go on from there. If you're in custody, you'll be in front of a judge within a day or two (not counting weekends, so I don't necessarily recommend a Thursday or Friday surrender).

    Talk to a lawyer, though.

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  • Can the District Attorney just issue a warrant without me missing my courtdate? They issued warrant immediately with no courtdat

    DA filed charges no courtdate. Called court can't go until July 11. Can't see judge any sooner to get warrant recalled. So I just walk around with a warrant for my arrest.with the possibility of going to jail. Is that legal?

    Jeffrey’s Answer

    Yup. This procedure is explicitly permitted by law. You can surrender on the warrant, which will get you in court sooner. Or you can post bail with the court or pay a bondsman to do it, which will recall the warrant and get you a court date. Or wait until the 11th and hope the judge doesn't remand you into jail because you don't have bail posted.

    You should talk to a lawyer about your options.

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  • Can the cops surround my house hop my back wall for my husband when he's not using my address for his probation

    The cops surround my house and hop in my yard assuming my husband was at my house are they allowed to do that

    Jeffrey’s Answer

    Good question. Was he there? Did they have probable cause to believe he was there? Was there a warrant for his arrest? Are you on probation?

    Lots of missing information here. Also, you don't say what your ultimate goal is. Are you looking to complain to the police department about their tactics? Sue for a civil rights violation? Suppress evidence that was seized from your home or yard?

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  • Will he serve time if any? What does NF mean?

    My ex husband was previously charged with INFLIC CORP INJ SPSE/COH in 2013, received 3 years probation and anger management classes. He never completedid any of them, however was arrested again in 2014 for control substance and DUI, fast forward t...

    Jeffrey’s Answer

    That's not a rap sheet. You're just cutting and pasting from a jail record from the Riverside County Sheriff's jimspub site. It has no legal significance.

    NF in that database means "not filed", but that doesn't necessarily mean what you'd think it means.

    Who knows if he'll serve time? There's no way to predict the future on this site or (spoiler alert) any other.

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  • How was I supposed to know I had to be in court? Is it mandatory for DA to notify the accused of a court date ?

    I was,arrested for shoplifting at kohls in August by loss &prevention. It was my first offense ever so no record whatsoever. They let me go after getting my info, their property, which was some broken clearance costume jewelry. They didn't give m...

    Jeffrey’s Answer

    No one is required to tell you of a court date. If a case is filed without your knowledge, the prosecution ask the court to issue a warrant for your arrest to bring you before the court to answer the charges. It is common for a letter to be mailed to give you notice of the case as a courtesy, but it is not mandatory. It's not uncommon for such letters to get sent to an old address or mistaken for junk mail, so the letter may actually have been sent out in your case. Hard to say.

    You don't provide enough information to let us determine if miranda warnings were necessary or otherwise relevant to your defense.

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  • Can I have sex with my girlfriend under these circumstances if I'm 18 and she's 16?

    I am currently 17 years old, my girlfriend turned 16 in November of 2015. I am going to be turning 18 in July and me and my girlfriend want to have sex for the first time. My girlfriend's parents have talked with her telling her that they would gi...

    Jeffrey’s Answer

    Yes. It's statutory rape in violation of 261.5PC whether or not you're 18. Vaginal sex with a minor is a crime in the circumstance you describe.

    Fun fact: thanks to the California legislature (and now the Supreme Court), oral sex, anal sex, and digital penetration involving your minor girlfriend isn't just a crime, but conviction for those acts wins you admission into the Sex Offender Registry!

    So, don't do it. If you do decide to do it (don't), please no foreplay.

    Also, her parents could be potentially subject to prosecution for contributing to the delinquency of a minor or even, more disturbingly, conspiracy to commit unlawful sex acts against they're daughter.

    Now if you marry the girl, all of this is legal as of your wedding night. Food for thought...

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  • Could an attorney appeal to dismiss it because of the length of time ?

    I am being accused of perjury they say occured in 10-1-2014 and the papers were filed almost a year after.

    Jeffrey’s Answer

    That's well within the Statute of Limitation for any felony prosecution in California. A motion to dismiss due to the passage of time would need to show that your defense has suffered actual prejudice due to the delay in order to have any hope. Even then, chances of securing a dismissal are minimal at best barring extremely unusual circumstances.

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