Archived
Formal probation under prop 36. As part of the terms of probation a residence can be searched, can the room of others be search?
Brian's answer
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Answered on February 21, 2010
Under California Supreme Court precedent, a probation search condition allows the police to search all "those portions of the residence they...
Archived
What are the penalties i can face for possible 2nd degree burglary/theft of a store. i.e. shoplifting
Brian's answer
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Answered on January 30, 2010
Unless you have a prior criminal record, it is unlikely that this will be charged as a felony by the district attorney, even if the police arrested...
Archived
N the goverment appeal the judges decision
Brian's answer
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Answered on January 22, 2010
I agree with Ms. O'Connor answer. The prosecution's right to appeal a judge's decision is much more limited than a defendant's right to appeal a...
Archived
Regarding petty theft/civil demand.
Brian's answer
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Answered on January 22, 2010
If the case is filed, you have a strong defense. Theft requires proof of intent to deprive the victim of property. As such, if you took it from...
Archived
Looking up a case with just the penal code
Brian's answer
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Answered on January 21, 2010
If you're looking for advice on how to find a published case that set precedent in California, feel free to email me and I'll let you know the...
Archived
Jail time for first DUI?
Brian's answer
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Answered on January 03, 2010
WIth the caveat that I don't practice in your county, I can tell you what I know about how these cases are handled in Orange County. Assuming...
Archived
Can charges be filed against her
Brian's answer
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Answered on January 03, 2010
Yes, charges could be filed if the District Attorney decides to do so. The best short-time advice for the two of you is to refuse to discuss the...
Archived
Is it possible to reduce DUI charges to a wet reckless?
Brian's answer
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Answered on January 03, 2010
Poor driving isn't required to prove a DUI. Proof of it (and the lack of it) can be evidence that a person is or isn't intoxicated, but that's...
Archived
How much jail time will I need to serve if I take the deal?
Brian's answer
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Answered on January 03, 2010
As of January 25, 2010, the vast majority of people sentenced to jail will only be required to serve 50% of their time. This is a big change from...
Archived
Can i have my charge's dropped if i was not read my miranda rights?
Brian's answer
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Answered on January 03, 2010
A violation of Miranda may be a reason to keep your statements from being used against you. If your statement is necessary evidence, a ruling in...
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