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Joseph Briscoe Dane
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Joseph Dane’s Answers

12,391 total


  • How can an officer pull me over for cracked windshield, demand that still on probation when 3 to 4weeks earlier I terminated my.

    Was pulled over for supposedly for a cracked windshield.. the offer knows of me. And once I stated that I maxed out my probation he ran my name and said it shows I'm active on probation. If this were really true then not only would I have a warran...

    Joseph’s Answer

    The fact that the windshield isn't listed on the citation isn't the winner for you. They may have elected not to list those when they now have misdemeanors alleged against you.

    There are issues about the search that your attorney should look at. If the initial observations after the stop led to the under the influence investigation, then you may be stuck. If those observations only happen d after a prolonged detention then you may have a shot at suppressing the evidence.

    Either way, you need a lawyer to evaluate the whole case.

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  • Can I sue city for charging me with unfair violations when I have proof they are not true?

    So i got a ticket for blocking intersection which is true but the thing is I got a letter saying that my license has been suspended because I didn't appear in court but on ticket it says court date is in October I don't believe this is fair at all...

    Joseph’s Answer

    Wait... what?

    Your license should not be suspended for this citation if your court date on the citation isn't until October. So you know why your license was suspended? Are you sure there isn't some other reason?

    Check that first before you worry about suing anyone.

    Even if yoir license was suspended in error, the remedy is to go to court and have them correct their records and get your license back.

    Unless you have thousands and thousands of dollars to waste on a lawsuit that would get tossed out, focus on your license.

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  • What amount of time is my son possibly facing?

    My son is 25 years old and lives in Michigan. He was visiting in California and used someone else's credit card to purchase I-phones from an Apple store. He was arrested after leaving the store with the id, receipt and merchandise. He was charged ...

    Joseph’s Answer

    Your question includes a very common misconception- you asked if he would get probation or more than likely jail time.

    Getting probation doesn't automatically mean no jail. He could get jail time and be placed on probation.

    When it comes to sentencing, there are very few charges that have an "average" sentence. Every case is unique and what a person actually gets depends on the facts of the case primarily, their prior record (if any), the exact charges they are convicted of and what their attorney can work out for them and/or what the judge imposes after trial, should it go to trial.

    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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  • My son is being charged with assault with a deadly weapon and negligent discharge of a firearm.

    He has no prior arrest. Witness state he pointed it at a crowd and than fired a round.off. What am I facing? Will he do time?

    Joseph’s Answer

    Even as a first offender, if convicted of these charges (and I'm not clear if these were his arrest charges or his filed charges), he could be facing years in prison. If the DA decides to file attempted murder, he could be facing life.

    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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  • Do I, the parent of a 14 yr old child, have to pay for items that were returned when my Son was caught shoplifting in a Safeway?

    On 8/18/16 my son was caught shoplifting out of Safeway grocery store. The total sum of the items stolen (attempted to be stolen) were approx. $15 worth of food items. Subsequently, the undercover security guard confiscated the items and called th...

    Joseph’s Answer

    It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These letters are typically sent by the store or a law firm acting on their behalf. They are all bark and no bite.

    If you ignore the letter, they have to make a choice - let it go or file a small claims case against you. I have never heard of anyone actually being sued if they ignore the letter. Why don't they do anything? Because lawyers cannot get involved in small claims cases and it isn't worth the store's time to pursue a small claims case over such a minor amount.

    There is one law firm in Florida that does nothing but these kind of civil demand letters on behalf of stores. They were quoted in a Wall Street Journal article as sending out over one and a half million letters a year, but they filed less than 10 lawsuits. Not ten percent. Not ten thousand. Ten. The odds are overwhelming that they won't do anything.

    If you choose to pay their demand, it just means they won't sue you, but it will have no impact on any criminal prosecution. Paying it won't stop criminal charges from being filed and not paying it won't make a criminal case worse or cause charges to be filed if they weren't going to be in the first place.

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  • WhAt does this offense carry?

    A nephew was driving drunk and had two children in vehicles and did an assault to a family member in front of children when he speed away with them in car.

    Joseph’s Answer

    It only matters what, if anything they are convicted of. When it comes to sentencing, there are very few charges that have an "average" sentence. Every case is unique and what a person actually gets depends on the facts of the case primarily, their prior record (if any), the exact charges they are convicted of and what their attorney can work out for them and/or what the judge imposes after trial, should it go to trial.

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  • Embezzelment case? What will happen after I pay everything off? Is it possible to get my felonies can drop to misdemeanors ?

    I have two problems, I comitted a PC 459, at one store I was working at for giving discounts, and taking a store credit brochure. I paid them back plus the fine. At this point the case was pending and I was never told that It would be a criminal c...

    Joseph’s Answer

    It's an unusual phenomenon - people hire an attorney, pay them a fair amount of money and then post questions here about their case.

    They tells me one of a few things:

    1. You don't trust what your attorney has told you. If that is the case, perhaps you have the wrong lawyer.

    2. Your lawyer isn't getting back to you or isn't answering your questions adequately. See #1.

    3. You're seeking confirmation of what your lawyer said, but we know nothing about the case aside from what you wrote. If that's the case, we can't guess.

    Or -

    4. ????

    If you have a lawyer, that is the person who knows the case, has spoken with you in detail and presumably has read the police reports and reviewed the evidence against you.

    Speak to your lawyer.

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  • Is it illegal not to have a phone in motel room

    No phone in room

    Joseph’s Answer

    To my knowledge there is no legal requirement that they have a phone in each room. Most will as a convenience for guests, but I'm not aware of a law that requires them.

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  • Can charges be added at my arraignment hearing?

    Bottom line - I was arrested for suspicion of DUI and released yesterday. On the paper I was given about my court date, it shows the charges listed as 23152 (a) vc and 23152 (b) vc, which are both directly related to the DUI. I assume they wou...

    Joseph’s Answer

    They charged you with the top crime they believe they can prove based on the facts. Why bother with the much lesser offenses when they can pursue a regular DUI?

    It's like a bank robber not getting charged with double parking when they leave their getaway car out front and commit a felony inside.

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  • My husband got detained by immigration on a border patrol check point. He had a warrant for his arrest in El Salvador but every

    My husband got detained by immigration on a border patrol check point. He had a warrant for his arrest in El Salvador but everything got cleared already judge in El Salvador lifted the warrant for his arrest so there is no warrant anymore. He has...

    Joseph’s Answer

    You posted a lot of information, but there's no real question. This is obviously a complex situation that cannot be resolved with a simple online Q&A. You need a good immigration attorney to work on this.

    I will also reclassify this to the immigration category so attorneys that practice in that area can see and hopefully respond.

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