I got a DUI 6 years ago in Sacramento, California. I currently live in Oregon and looking into getting my DUI expunged. Looking into how to start the process.
Do you have to get a lawyer? No. But you may want to to. First, the expungement needs to be filed in the same county where the conviction was entered. Second, an expungement can be both filed and litigated without you needing to appear.
What this means if that you either have to write the motion yourself (not that difficult, use Judicial Councel forms 181 and 182) and then go to Sacramento to file it, and again (maybe) to appear in court, or you can hire a Sacramenro lawyer for about a thousand dollars to do it for you.
A couple weeks shy of one year ago a defendant was arrested and charged with a misdemeanor. First court hearing he decided to take it to trial. Every month he came to his court date showing programs he was in and working with his public defender ...
Almost certainly no. He almost certainly "waived time" meaning he waived his right to a speedy trial. This is routine when plea bargains result in delays agreed to by both sides.See question
I do not want the public defender that was appointed to me during my arraignment to represent me. However I do not have the financial ability to pay for a lawyer.
This is the perfect situation for the old saying: "Beggars can't be choosers."See question
I need to know even though I will plead to a disturbing the piece is the charge still considered a charge involving DV even though the charge is now disturbing the piece which has nothing to do with dv? Its a deal from a battery against my GF and...
YES. For at least some purposes. Federal law states that any person convicted of a misdemeanor crime of domestic violence can never poses a firearm firvthecrest of their lives. If you are convinced of disturbing the peace after being arrested for domestic violence, the Department of Justice will deny any request you make to obtain a firearm on the grounds that you were convicted of a crime of domestic violence. This has been upheld in the appellate courts.See question
Hello I was arrested for a duo but I wasn't driving I was parked at the gas station waiting for my ride to come I admitted to driving myself to the gas station but I got drunk in the gas station parking lot while waiting. Then I forgot to setup my...
You should still try to set up the hearing, but you may be denied and get a default judgment entered against you depending how far padtvthev10 days you are. This case illustrates an important point: It is best to get legal advise BEFORE things go wrong.See question
It's extremely complicated basically my ex decided to get a r.o. on me out of retaliation for harassment. I got one for being in fear because of past physical abuse and had my husband and kids (i know I know) as protected party because he has made...
The good thing about a non-CLETS restraining order? No one will see it when you apply for. Jon.
The bad thing about a non-CLETS restraining order? This can indeed be used as evidence at a criminal proceeding.
I had a 2009 prior. I pled guilty to a DUI and the prior. I had to have the interlock ignition installed as part of the agreement with the prosecution for one year. I was told if I wanted to drive the DMV would require the interlock ignition as...
Typically the DMV requires the interlock device for less time than you need to have it as a term of probation already. If you really want to know (and there are factors unstated that could effect the time) you need to call them and ask.
As for the expungement, the fact that you have two cases does not make you ineligible. DUI convictions can be expunged under penal code section 1203.4. Unfortunately, unlike most other criminal convictions the court "can" say no. This is unusual. You need to wait till you are off of probation (or bring a motion for early termination of probation) before you can be eligible to file the 1203.4 request.
My last court date was two months ago, I was told to RPO. I did, and now sentencing is next week. I pleaded No Contest, if convicted will I be let go or jailed at that moment? I have no idea of what will happen, because I dont have a criminal record.
Could go either way depending on the facts of your case, your personal history, and your judge.See question
I plead no contest to two counts one was for driving with an expired license and the other was for change of ownership within 10 days. I have corrected everything and the judge suspended both counts. Is this goid or bad?
Charges don't get "suspended" only sentences do. To be suspended means to be put on hold or to be forced to wait (think suspended from school). A suspended sentence means that the sentence is out on hold while you are on probation and, in practice, only imposed if you violate probation. If you do not the sentence is never imposed.See question