Archived
Is there a specific motion that needs to be filed for the court to consider whether to grant someone the Prop 47 benefits of
John's answer
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Answered on April 20, 2015
It requires the filing of a petition and proof of service. The petition can be found online, court clerks office, or public defenders office....
Archived
I was arrested for Taking Phariphanela on Sheriff grounds (NCCF).
John's answer
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Answered on April 19, 2015
You will be facing jail time for new offense plus a probation violation in another (or two) of your other cases. Contact an attorney to discuss the...
Archived
Shouldnt my dui case been dismissed?
John's answer
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Answered on April 18, 2015
No, the DMV and courts are different. Talk to your lawyer about filing a motion to suppress evidence alleging a bad stop. If the officer lied under...
Archived
I am the victim
John's answer
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Answered on April 13, 2015
Contact law enforcement or the detective on the case.
Differences between expungement/dismissal
John's answer
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Answered on April 13, 2015
They could be the same or entirely different. An expunge in CA is correctly referred to as a dismissal pursuant to PC 1203.4, where the court...
Archived
Criminal Record Sealed?
John's answer
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Answered on April 12, 2015
Unfortunately no you cannot. Anyone convicted of an offense, regardless of it being "expunged" is ineligible to seal their record.
Archived
Is there any way in California to get some 10 year old misdemeanor convictions "sealed"? This charge would be 647(b).
John's answer
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Answered on April 10, 2015
Unfortunately, someone who has been convicted of a crime is not eligible to "seal" their record. The remedy available is to dismiss it pursuant to...
Archived
Being charged with felony dui with injury. if victim is a no show in prelim, will the charge be dropped? blew .06; dui probation
John's answer
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Answered on April 09, 2015
Possibly, but unlikely. If the victim gave statements to a police officer, the police officer can testify on what the victim said for purposes of...
Can I get a preliminary hearing continued on the day of?
John's answer
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Answered on April 07, 2015
There is no guarantee but it is possible. Consult with an attorney as soon as you can. Best of luck.
FBI came to my house looking to question me
John's answer
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Answered on April 06, 2015
Contact a lawyer immediately. Do not make any statement to the Feds. Usually they already have the evidence they need, just fishing for your...
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