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John Wood Bussman

John Bussman’s Answers

213 total


  • Can I hire a lawyer for my girlfriend?

    My girlfriend was arrested in AZ for an extreme DUI. Shes not taking it very well and suffers from anxiety any time i bring it up to her. She has court in a week and still hasn't talked to an attorney. Can I hire one for her? What should I be doin...

    John’s Answer

    You can offer to pay for her lawyer and you can be supportive, but you can't make legal decisions without her consent. Even if you do pay for her lawyer, remember that the lawyer represents her and not you, regardless of whose name is on the check.

    I understand that it's a stressful situation. It's good that she has someone like you to help her out. Try to be compassionate, but remind her that this won't fix itself. It will only get much worse if she refuses to address the problem. If she's anxious now, just imagine what a warrant will do for her.

    Good luck.

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  • Will the secretary of state have me arrested

    I have old misdemeanor warrants in Michigan but need to get a state identification card and want to know if I will be arrested obtaining one at the secretary of state?

    John’s Answer

    Hard to guess without a lot more info. If you're wanted for an old warrant, you can probably be arrested anywhere at any time.

    If I were you, I'd contact a lawyer and see what can be done about clearing your old warrants. Start 2016 is a clean slate and stop looking over your shoulder.

    Good luck.

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  • Can I beat this DUI charge?

    I was pulled over in Georgia about 10:30 pm an unknown vehicle threw a beverage threw my driver window that i believe contained alcohal this causes me to swerve and had a slight bump with another vehicle where are mirrors touched the other party d...

    John’s Answer

    I would want to read the officer's report and review any audio / video recordings of the arrest. In my experience, every DUI police report says essentially the same thing: "The subject appeared disoriented, face flushed, eyes bloodshot and watery, speech slurred, strong odor of alcohol, unsteady on his feet, etc.".

    It sounds like they probably have a strong case for hit & run and refusing the breath test. Impossible to guess what else they'll nail you for without seeing the evidence.

    You should immediately talk to a local expert, and don't discuss too many details with strangers online. Good luck.

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  • There's a hobbs included in my search warrant what is a hobbs and how can it effect my trail

    I have no strikes but I have a previous gun charge

    John’s Answer

    Hobbs means that the warrant and its supporting affidavit are sealed and not a matter of public record. Usually, this means that you were ratted out by an informant. The police and the DA do want to disclose the informant's identity, either because the snitch is still a valuable resource in other cases, or because they're afraid that you might retaliate against him / her.

    There is a procedure that your attorney can follow to request that the judge unseal part or all of those documents. The warrant might contain information that is important to the effective presentation of your defense. Your attorney should be familiar with these procedures.

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  • Can I sue for emotional distress

    My mobile carrier is over charging me for its services. Also they keep turning off my phone. I would like to sue for emotional distress

    John’s Answer

    In order to win a case for "intentional infliction of emotional distress", you must prove that the defendant acted "outrageously". It is not sufficient to simply claim that their actions caused you some inconvenience.

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  • I filed motions for dismal on 5 cases. Judge denied my request, decision was because, I violated probation on all cases.

    Case #1 Driving on a suspended license in 2005. Case # 2 Petty theft in 2005 misdemeanor Case #3 Driving on a suspended license in 2006 Case #4 DUI in 2008 Case# 5 Receiving stolen property in 2011 I am no longer on probation and all fees an...

    John’s Answer

    It sounds like you filed 1203.4 petitions? Is that right?

    If you had complied with probation for the entire period, then you would be entitled to dismissals.

    Since you violated probation, though, it's true that you are not entitled to the benefits of PC 1203.4. A judge still has discretion, though, to make an exception and to grant your petitions anyway.

    When you're asking the judge to do you a big favor (because that's essentially what he would be doing), you need to come prepared with a very compelling argument. You need to show the judge that dismissals are really the fair thing to do in the interests of justice, even though you have repeatedly violated the court's orders by violating the law while on probation.

    It has been a while since your last conviction. Have you done anything with your life since that time? Completed school? Earned promotions at work? Gotten married? Completed drug or alcohol counseling? Been involved with charity? That's the kind of stuff a judge might find persuasive. You really need to make the case that you've grown up, changed your ways and learned your lesson.

    If you can compile a serious stack of character letters, you might try again.

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  • How up to date is the OC Courts criminal case access website?

    Without getting into specifics online. I was questioned by a law enforcement officer over 6 months ago for allegedly committing a misdemeanor crime. For the 1st 3months I called & checked with the clerk weekly to see if a case had been filed but i...

    John’s Answer

    Talk to a criminal defense lawyer who practices primarily in Orange County. We have access to the "Criminal Defense Attorney Portal" on the OC Court website. Just in case they have your name spelled wrong or something, we can search by driver's license #, birthday, etc.

    As one of my colleagues noted above, the DA has up to 1 year to investigate a misdemeanor case before deciding whether or not to file charges. It's unusual, not not unheard of, for them to actually take that long.

    With more details, I could probably give you a better answer.

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  • What are the consequences of going 30 MPH over the posted speed limit?

    My 19 year old, licensed for 9 months, just received a ticket for 30 mph over the speed limit. He has a Toyota Prius and had no idea he was going 85 in a posted 55 on a toll type of road. Its a long stretch of road, Jamboree in Tustin. He ...

    John’s Answer

    If he was just cited for speeding (as an infraction), then he will be facing fines only. If he was going more than 30 MPH above the speed limit, he probably could have been cited for reckless driving, which can be treated as a misdemeanor.

    The quickest, cheapest, easiest way to deal with traffic tickets is usually just to pay them. He can hire an attorney to fight it, but how much time, money and effort do you want to invest in fighting a small ticket?

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  • I want to know what kind of settlement I will receive for my Auto Accident in California.

    I was in an accident where I was hit from someone in the front/drivers side door. I was diagnosed at the chiropractor with severe whiplash. I got an MRI and was told I had a 1.5mm (L4-L5) and 3mm disc bulge (L5-S1). I was also told that I had a te...

    John’s Answer

    Impossible to guess without thoroughly reviewing the evidence myself. You should speak with a personal injury attorney immediately.

    There are very important time lines involved here. Do not blow your case by running up excessive chiro bills before you talk to a qualified, local P.I. lawyer.

    Good luck.

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