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Richard Lewis Grant

Richard Grant’s Answers

94 total

  • Should I fight my case in court?

    I made a left turn over double yellow lines to get into Wells Fargo's driveway. I made sure no traffic was coming and I was obeying the speed limit laws. The officer was un a motorcycle and swerved through traffic after he saw me turning. The Cal...

    Richard’s Answer

    You should fight your case in court with a experienced Traffic Attorney who frequently appears before judges in the Newport Beach Court where your case will be filed. You will need an experienced attorney to present your case that may be defensible. Most AVVO attorneys offer a free case review. You should contact a few for the review and determine which attorney would suit you best and their cost of defense.
    Best of luck to you.

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  • Does prop 47 work for people on felony probation ?

    im on felony probation for fraud check i served no jail time i just received community service i have no previous criminal history . im just asking because i seen that if the fraudulent check is under 950 it can be dropped to misdemeanor is this t...

    Richard’s Answer

    Although there are some exceptions, but a felony charge where the fraudulent check was under $950 may qualify for reclassification of the charge and reduction to a Misdemeanor.

    Keep in mind that even a prior Felony Conviction may qualify for a reduction to a Misdemeanor Conviction and resentencing of the prior Felony Conviction.

    I was in court today and I observed many, many felony charges qualify for reclassification and reduction of the charge(s) to a Misdemeanor.

    You will need to hire an attorney and petition the court for reclassification and resentencing of the prior felony conviction, if applicable.

    Best of luck to you.

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  • In a accident. Which is the best choice for a speeding ticket? Court appear.? Trial by Dec.? Traffic School.?

    Me and a Co-worker were involved in a accident, he was driving. 4 cars were hit, 2 were severely damages, our vehicle and another persons. The other 2 just had some scratches and bumps/dents. Cops were called to the scene, and they gave him a tick...

    Richard’s Answer

    Your friend needs to take advantage of the free case reviews that most AVVO attorneys provide,
    I would recommend that your friend hire an attorney to handle this matter including conducting a trial if necessary.
    There are number of issues that need to be handled by an attorney to make sure a guilty plea is not entered either by a plea or guilty verdict at trial and a No Contest Plea is entered, if any. This is crucial because if your friend pleads guilty and pays the fine and takes traffic, this could be used against your friend to prove liability in civil accident case. There is also an issue if the fine is paid that it constitutes a guilty plea and exposes your friend not only to a DMV point for speeding, but also an additional point(s) for causing the accident.
    Trial By Declaration in theory sounds good, but in reality the majority of them are denied and come back with a guilty verdict. Further, in order to do a Trial By Declaration, the court will require payment of the entire fine for both speeding and no insurance.
    The best course of action is to hire an experienced traffic attorney and one who frequently appears in the court where the case is file.
    I have conducted many traffic ticket/accident trials where I believe that it is more complicated and more at stake than a customary speeding ticket. Lots more at stake and hurdles to overcome that requires professional help from an attorney.

    Best of luck with your friend's case.

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  • Fighting a carpool ticket

    I was pulled over ever though I was not in the carpool Lane and was given a carpool ticket and for crossing the double yellow line ever though I did no such thing. I plan to fight this. Any advice? He also asked me fora change of address form

    Richard’s Answer

    If you still desire to fight this ticket, you need to hire the best and most experienced traffic defense attorney you can hire who frequently appears in the court where your ticket is filed. It appears it will be West Justice court in Westminster. There is a very low probability that you will prevail at trial against the officer if you represent yourself. It will be his testimony against yours and his credibility will be considered greater.
    Remember, the officer cannot always see what you see or what your were doing on the freeway all of the time.
    Suggest you hire an attorney as recommended above to fight this ticket.
    Wishing you the best.

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  • Ticket in Yorba Linda going 71 mph in a 40 zone.

    I am still on informal probation for a DUI but I got this speeding ticket going 71 in a 40 zone. I know I'm eligible for traffic school but not sure I can go cause it's a mandatory court appearance. My ticket is listed as a infraction. If I need t...

    Richard’s Answer

    The Vehicle Code does provide for Traffic School under certain conditions. However, one is normally not eligible for traffic school if your alleged speed is more than 25 mph of the posted speed. Here, your speed is 3i mph above the posted speed. Traffic school may not be automatic in the present case. An experienced traffic attorney may be able to have your ticket dismissed, have the judge make an exception and allow traffic school, or if traffic school not ordered attempt to have the officer amend the ticket for a non point violation, and at the very least perform a trial on your behalf.
    Another reason why hiring an attorney would be very wise is the fact that you are on Informal Probation. Although most judges will not hold you in violation of your probation for an infraction, the terns of your DUI Informal Probation provided you will violate no law during your 3 years of Informal Probation. Technically, your Infraction-Speeding Ticket is a violation of the law.
    The best course of action for you is to speak with several AVVO attorneys whom most offer a free consultation where you can speak with the attorney about your speeding ticket and possible Probation Violation.
    The best of luck to you.

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  • What happens if I have a misdemeanor bench warrant for failure to appear and surrender because I failed to complete probation?

    Pled guilt to corporal injury on spouse, sentencing was 26 days of cal trans in lieu of 30 days jail and 8 hours community service. I paid my restitution and completed my batterers treatment program. The only reason why I could not complete my cal...

    Richard’s Answer

    Attorney Hill is perfectly correct on both points. You should be prepared that you may receive approximately 60 days of jail time for the probation violation which you would serve 30 days of actually time. Secondly, it is critical that you hire an attorney who regularly practices in the court where your case is filed. If your matter is filed in the Fullerton Court, then you need to hire a criminal defense attorney who has established relationships with the Deputy District Attorneys and appears very frequently before the Fullerton Court Judges, especially for Probation Violations.
    Most of the AVVO attorneys offer free consultations, I would recommend that you meet with several of them and hire the best attorney you can afford.
    The very best luck with your case.

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  • Can I get a Oklahoma driving license if I don't clear up my suspended license in California?

    I have a failure to appear because of no proof of insurance and a red light camera ticket

    Richard’s Answer

    A Traffic Attorney should be able to get the court license holds removed and reset these matters for court hearings. Once the holds are removed, then California DMV would remove the license suspension. Thereafter, this will be reported to a national data base where you should be able to get an Oklahoma license.
    It is crucial that you hire not only an experienced traffic attorney, but one that regularly appears in the court(s) where the California tickets ate filed.

    The best of luck to you and hope you can the Oklahoma license as soon as possible.

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  • Do I need an attorney?

    My husband's car was impounded because our friend was driving it with a suspended license - the LAPD will not release paperwork for the Impound until she has reinstated her license. Is this legal in CA? The car is in his name and he was out of tow...

    Richard’s Answer

    It is customary for an impounded car to be released to the register owner of the car. If your husband has not shown proof to the LAPD that he is the registered owner, then he should try that route.
    If he has and they still will not release the vehicle to him, then you need to hire an attorney to appear in the court where the friend got the ticket and get a court order for the release of the vehicle to the registered owner, your husband.

    Good Luck.

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  • How long after complaint filing before warrant is issued?

    DA has said that electronic complaint has been filed for 2 criminal felony counts. How long does it typically take before the arrest warrant is issued?

    Richard’s Answer

    Attorney Michaels provided an excellent suggestion, get a Bail Bondsman immediately.
    I heard recently bail bondsman will go as low 6 percent on a $100,000 bond. I also heard that many will take payments.
    Also, one needs to immediately interview a number of criminal attorneys who regularly appeared in the court where the complaint is filed. An attorney who appears regularly in this court and has established relationships with the Deputy District Attorneys will make a significant impact as to the outcome of this case.
    Wishing the very best in this matter.
    The very best in the outcome of this matter.

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  • How do I go about this speeding ticket?

    I got a speeding ticket and paid to have someone write me a trial by written declaration. I got back the decision and it's still guilty but it does not give me the option of traffic school now?? Can I just pay the extra amount that it would have c...

    Richard’s Answer

    The best course of action is to file the written request for Trail De Novo within 20 days of the court's guilty decision. It must be filed within this 20 day period.
    Since you already paid the bail, no further funds will need to be paid for obtaining a trial date.
    At trial, if the officer does not appear, then the court will dismiss your case.
    At trial, even if the officer appears, you may request traffic school prior to the officer testifying. Most judges will grant this request as long as it is made prior to the officer testifying and the officer does not object.
    It is highly recommended that you hire an traffic attorney who regularly appears in the court where your case is filed. The traffic attorney can make a significant impact as to the outcome of this matter.
    Best of luck to you.

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