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Joseph Briscoe Dane
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Joseph Dane’s Answers

12,174 total


  • What are the laws in California when it comes to dating a minor, what are all the exceptions?

    I am dating a girl who's is 15 and I am 17, by the time I turn 18 she'll only be turning 16, I was just curious if I can still treat her as a girlfriend, holding her hand, cuddling, kissing, etc. you know normal couple stuff, I just wanna know if ...

    Joseph’s Answer

    This isn't the answer you want to hear, but even what you describe is technically illegal. Any sexual touching (and that includes non-sex acts) with a minor is prohibited.

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  • Can a cop pull me over based on falsely claiming my brake light is out?

    Cop says I didn't use turn signal and my brake lights are out both are without doubt lies and often used around here to pull people over. His dash cam will show all my lights work and I was using my turn signal as I always do. Further after giving...

    Joseph’s Answer

    You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

    Yes, we can get what dash cam footage. If it clearly shows that there was no violation, then the search and resulting evidence would be bad and the evidence should be suppressed.

    If it was also clearly a bad stop, there may be a civil rights violation and lawsuit.

    There are limited time frames in which you must act, so start looking for a defense attorney that can also advise you or refer you to a civil rights attorney.

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  • Is there a method to restore my right to own a firearm after having my felony conviction reduced under Prop 47?

    I was convicted of a felony in 1981 , HS 11350 possession of a controlled substance. I had a 90 day jail sentence suspended and completed my 3 years of probation. I was eligible to have my conviction reduced to a misdemeanor under PC 17b prior to...

    Joseph’s Answer

    Don't beat yourself up too much on this - 11350 was a felony until Prop 47, then it became a misdemeanor. It was never a wobbler that could be reduced under 17(b). You've done the best you can do to get it reclassified under Prop 47, but as you've learned it does not restore firearms rights. An "expungement" doesn't really exist in California. There's something everyone calls an expungement, but it's mainly for employment reasons and it doesn't do anything to firearms rights either. No help there.

    And now then you've had it reclassified to a misdemeanor, a pardon from the Governor is no longer an option either.

    Your only avenue at this point is to try and undo back to a position that actually gives you some options.

    Here are things you could *try* to do:

    Get a lawyer to try and convince the DA to allow you to vacate the plea and dismiss the case

    Get a lawyer to try and undo your Prop 47 petition so you can then apply for a certificate of rehabilitation and pardon.

    The common theme in my answer for you to have any chance at doing anything is to consult with a good local criminal defense attorney.

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  • Will they release my husband and just give him community service or classes or will they more likely keep him

    My boyfriend is being charged with PC273.5(a) on a warrnent ,he is in custody.He has no prior domestic charges but is on summery probation . His only history is drug and paraphernalia charges

    Joseph’s Answer

    There's no way to guess without more. Don't answer here, but it depends on the facts, what (if anything) he is convicted of, his entire criminal history and what his lawyer can do for him.

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  • What does it mean when a prop 47 case is denied without prejudice, and can u repition once it's denied

    My boyfriend was charged with attempted gta, and according to prop 47 if u steal $950 then u can get ur felony reduced to misdemeanor, he finally got proof showing how the car he attempted to steal was worth less than $950, but once he got proof, ...

    Joseph’s Answer

    Without seeing the police reports, the plea forms and the petition as well as the judges ruling, I cannot comment. There might be more to the situation then you are aware of. You are posting secondhand information and the only person who can truly answer this question is his attorney.

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  • Can an probation officer threaten me not to be at a certain town?

    I was arrested for graffiti in salida yes it was stupid but I payed for my mistake.now I'm on probation and my probation officer raids my house every other week.never finds anything that I shouldn't have.tells me to stay away from salida or he wil...

    Joseph’s Answer

    Probation has some discretion in imposing certain terms and conditions of probation designed to assist them in monitoring you and for your "rehabilitation". However, it is the judge who ultimately such the terms and conditions of probation.

    A blanket ban on you entering an entire city seems like in overbroad and unconstitutional restriction on your freedom of travel. There had better be a compelling reason why they're imposing that term upon you.

    You need to discuss this in detail with your attorney. This is not a simple on line question and answer situation.

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  • What can I do in a domestic violence case my gf false report and decided to drop charges but the cops are trying to charge me

    Gfs false report of domestic violence,she drops charges now cops are proceeding press charges.I signed a 3 yr lid with no contest.

    Joseph’s Answer

    You have got to let your attorney know about this development. While your girlfriends recantation may not do it, perhaps it can change the complexity of the case. You will have to file a motion to withdraw your plea. Your attorney will discuss with you the procedure for that with "newly discovered evidence" that may allow you to withdraw your plea.

    This goes well beyond a simple online question and answer. Talk to your lawyer immediately. Do not wait until the date of sentencing.

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  • I got arresTed for sales

    First time got out how much time im looking at

    Joseph’s Answer

    It depends. Don't answer here, but what substance? How much? What other facts are there that go against you?

    You could be looking at probation and some time in county if it's a relatively low level case.

    You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

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  • Can My Husband Get Less Of The Time He Is Serving ?

    Hello I am hoping to make this question as clear as possible . my fiance got sentenced to 25 years in Corcoran prison in which he did 2 years in county . the reason for why he is locked up is I believe he was an accomplish for a drive by in which ...

    Joseph’s Answer

    We are missing some details, but if I'm reading between the lines correctly, he was convicted of murder? You said accomplice to a drive by with a death. Sounds like murder to me. If so, he's doing 25 - life. He will serve 25 before being eligible for parole. Eligible, but not necessarily granted parole. Any discipline issues while serving that 25 lessens the chance he gets paroled.

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