Archived
3rd DUI in ten year my first in Cailfornia. I did not blow. Oh and my licence was suspended at the time of my arrest.
Joseph's answer
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Answered on September 06, 2011
Yes, it does matter. You could be facing a third DUI here in California.
In order for the Ohio priors to count against you here and make this a...
Archived
How many strikes do I really have? Very confused .
Joseph's answer
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Answered on September 06, 2011
Just on the face of it, if you were convicted of three counts of PC 245(a)(2), it appears as though you could have three strikes.
There is...
Archived
CPS & a sherrif came to my house due to "excessive discipline". I agreed to anger mgmt, Now I'm being summoned for 273a(b).???
Joseph's answer
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Answered on September 06, 2011
Unfortunately, the DA can pick up the case and file it, even if you're in compliance with the "safety plan" and CPS case.
You're looking at a...
Archived
How do you subpoena a warrant, if your PD hasn't shown it to you
Joseph's answer
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Answered on September 04, 2011
You can't.
Discovery, including the search warrant, goes through the prosecution. Ask your attorney to review it with you.
Archived
My boyfriend has been arrested for rape she is lying will they arrest her
Joseph's answer
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Answered on September 04, 2011
I'm not sure what your question is. His attorney will need to examine all the evidence, including the alleged victim's statement, your statement,...
Archived
Coram Nobis - California
Joseph's answer
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Answered on August 29, 2011
You can seek to withdraw your plea within 180 days of your sentencing. You must show compelling reasons why you should be allowed to withdraw your...
Archived
Can possession of controlled substance be shared/
Joseph's answer
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Answered on August 28, 2011
Yes, under the theory of joint possession. Think of it like a pizza sitting on the table. Can two people have access to that same pizza? If so,...
Archived
My boyfriend was arrested on 08/25/11 for domestic violence and battery
Joseph's answer
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Answered on August 26, 2011
It's not up to you to "press charges" or not - that is up to the prosecution. They can go forward, even against your wishes.
Having said that,...
Archived
How long does an officer have to file a case?
Joseph's answer
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Answered on August 26, 2011
They may be waiting for the official lab analysis of the substance. Two months isn't a very long time to wait. They have up to 3 years to file...
Archived
If baggies werent an exact weight of a typical sales weight can you still be charged?
Joseph's answer
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Answered on August 26, 2011
The fact that they're different weights may (but certainly may not) matter. I'm sure the DA would argue that they were different weights for...
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