Archived
Can I record the conversation between me, my husband and my sister in law without telling them and share to her friends?
Jorge's answer
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Answered on April 27, 2014
I completely agree with my colleague Mr. Marshall. California law prohibits the surreptitious recording of conversations without the consent of...
Archived
I got a criminal speeding ticket on 4/21. On the ticket, it says I must appear at the court. But I am living in CA.
Jorge's answer
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Answered on April 27, 2014
If the traffic violation occurred in California, you can waive your right to appear in person pursuant to Penal Code section 977. Your attorney...
I got injured in Costa Rica on a white water tube tour. How do I get a personal injury attorney in Costa Rica
Jorge's answer
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Answered on April 27, 2014
I recently handled a case with similar facts except that the accident happen in Mexico. If you have the insurance carrier's name and policy or...
Archived
Will a driver's license suspension/revocation from another state show up if a new license is obtained in California?
Jorge's answer
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Answered on April 25, 2014
As my colleague above correctly stated, California is part of the Interstate Compact and so is New York. Thus, your DL suspension in NY will...
Archived
What happens when statutes change and Class C misdemeanor becomes Class A few years after being arrested for a crime?
Jorge's answer
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Answered on April 24, 2014
It depends on the question. If the question is have you ever been arrested? The answer is YES and the crime is what it was at the time of the...
Archived
Miranda right after Interrogate?
Jorge's answer
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Answered on April 24, 2014
Miranda waiver are only required during a CUSTODIAL INTERROGATION. A mere questioning of a suspect, pre-arrest, for the purpose of determining...
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Archived
Do my Miranda rights have to be read when pulled over on a traffic violation which turned into a dui?
Jorge's answer
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Answered on April 23, 2014
The short answer is that the police only have to read your Miranda rights during a custodial interrogation. Any preliminary questions designed to...
Archived
My spouse is in jail right now I don't think he has priory but has three warrants for drunk in public and one battery
Jorge's answer
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Answered on April 23, 2014
The drunk in public charges does not carry a very heavy penalty and it usually involves just a fine. The battery, however, depends on the nature...
Archived
If the prosecutor has offered a plea deal to a lesser charge with suspended sentence, can the judge deny the deal?
Jorge's answer
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Answered on April 22, 2014
Judges are not required to follow the sentence recommended by the prosecutor. However, they almost always do.
Archived
Can you be arraigned in front of a judge without being read your Miranda rights?
Jorge's answer
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Answered on April 22, 2014
The police are only required to read your Miranda rights during a custodial interrogation. An arraignment is not a custodial interrogation. ...
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