2009 - possession of controlled substance possession of controlled substance while armed with firearm did 8 months oc court was released on probation and programs but failed to appear because he was deported
If the only reason for the probation violation is the "involuntary" deportation, there is no probation violation. The trick is to ensure that there is no evidence of delay upon re-entry to the U.S. before reporting to the court/probation. If the probationer were to report to the probation office upon return, (s)he would be taken into custody and returned to court in 2-3 days. Therefore, I recommend retaining an attorney and reporting to the courtroom-- C58 in Orange County, and advancing the case. In addition, if it is also true that the time for the probation period has elapsed (ie if (s)he was on three years of probation from 2009), the probation will be deemed terminated and the probationer free of any probation. If no violations, an expungement may be obtained. This does not speak to the immigration consequences, and the need for immigration purposes, in all likelihood, for a motion to vacate instead of an expungement. I would resolve the probation violation issue right away, and then retain a good immigration attorney, familiar with criminal law and the county of conviction. Good luck!See question
I go for my misdemeanor arraignment on friday
Not guilty. The arraignment is your formal charging. It just starts the process. In fact, in order to plead guilty, a lengthy colloquy is required where you would have to convince the judge you know the elements of the charges, the evidence against you and how it relates to the elements, the existence and viability of any possible defenses to the charges, and with that in mind, you've determined it's in your best interests to jettison your rights and plead guilty. Commercial burglary is a crime involving moral turpitude. It's also "priorable," meaning the plea can hurt you in the future under some circumstances. A plea of not guilty is expected and does not mean you are a liar and not taking responsibility. It is the default. Good luck.See question
Has two strikes on them
We need to know which felony --which charge--he was convicted of. Not all felonies that send someone to prison are strikes under California's three strikes law. There non-strike non-1170(h) felonies. Also 1170(h) Felonies are sentenced to state prison, despite the fact that the prisoner is actually housed at a local county jail. Therefore, some felonies only require the prisoner to do 50% of the sentence. Others require the prisoner to do 80% of the sentence, as with someone with a prior strike offense and a current controlling non-strike offense. Finally, ONLY strike felonies – on the list of serious AND violent felonies – require the prisoner to do nearly the entire sentence with a maximum of 15% good time/work time credit (i.e. to serve 85% of their sentence).See question
I was detained for petty theft. and recieved a notice to appear in court.
Jail is not a likely outcome. (I assume thats what you're worried about.) However, sometimes the prosecutor will offer what looks like a very sweet deal in exchange for some jail with credit for the time you've already served, even if that's a fiction. The reason is that it becomes "priorable" that way. Just know that and understand that "no jail" is not a remarkable disposition. Dismissal or reduction to an infraction or even trespass (infraction or misdemeanor) are better and reasonably likely. Good luck!See question
On an answer to 851.8, below, Mr Dinday says he has shared is skills about the same with others http://www.avvo.com/legal-answers/do-i-qualify-for-the-851-8-petition--if-so-how-muc-144441.html Sadly, he is no more. I am myself a profe...
Sorry to hear of his passing.
As to 851.8, I don't know anyone who has done them" great number." However I have done them and been successful. They are difficult but not impossible to win. In fact, in granting one of my petitions about a year ago, Judge Leversen, the supervising judge of the North Orange County Court, remarked that mine was the first petition he'd ever granted in all his years as a judge, and the first he'd seen granted including his years as a lawyer before that. What do you need to know? It's pretty simple; we have the burden of proving BRD that the petitioner is innocent of the charge.See question
i WAS GOING TO MAKE PAYMENTS FOR FINE. Public def told me I should just do community service because I could not afford the fines. I just was offered the money to pay entire fee. Can I change my decision and just pay it.
Yes but be ready for the occasion judge who is paying attention. (S)he should hit you with the question as to how you qualified for the public defender when you can afford to pay the fine in one shot.See question
I have had no other convictions since that incident in 1990, and subsequently achieved senior positions in the financial institutional arena with tremendous money-related responsibilities. So despite the foolish indiscretion many years ago, I hav...
Basically, no.See question
Someone slashed all my tires, nd i know who did it. What can i do? They slashed all my four tires.
The answer is no, or probably not, to be precise. A misdemeanor (vandalism can be a misd or a felony but tire slashing likely misd) must be committed in the presence of the arresting officer with few exceptions. But a criminal charge/conviction does not require an arrest to begin the prosecution. And a conviction for vandalism can result in jail but more importantly will often result in the loss of a drivers license for a year. Definitely make a police report supported by facts an objective I observer would view as leading to one perpetrator.See question
I was caught shoplifting a 69 dollar item at TH Max store . I was given a citation by the police for petty theft . The Officer said i could call the DA in about a week . He said that the case might get dropped or at worse probation . Does he k...
I doubt that any prosecutor will talk to a "pro per" defendant prior to arraignment. I think the officer is suggesting you call to ensure it's been filed. If the case does not get filed at all, there is obviously no conviction. End of story. If it does get filed, you may resolve it by way of dismissal, diversion, plea bargain or trial. In the event of a conviction, there will almost always be probation. Probation may or may not include jail as a term. In the case of a first time petty theft, it will likely include one day in order to make the case "priorable," something that is advantageous to the prosecutor and not to you.See question
In 23 I got caught shoplifting at Mays in Downtown Los Angeles , CA the items I told were less than $ 100 I got a $ 425 ticket , police were never called or involve , will these affect my credit , record and affect me in getting a job ?
Hard to know. If you got a "ticket," it sounds like there was official involvement. I'm curious how you know the cost of the citation. So the facts are not as clear as I'd like to give you an answer. But it sounds like you received an infraction 488pc petty theft. This is technically a crime, although it is of the lowest level of seriousness; you cannot be put in jail for an infraction (although a failure to pay or appear can result in a misdemeanor for which you can be jailed). Your consumer credit will not be affected, and there are limits as to what private employers can ask regarding background. However, there is remote possibility it could present a problem for future employment.See question