The burden of proof for showing a violation of probation is lower. It is only preponderance of the evidence. Also, the court is more lax on...

It is a function of several things: 1) your levels of prescription drugs (therapeutic range? toxic range?); 2) which drug(s) and how they...

Reason for a motion for a new trial or an appeal for misdemeanor.

What do you mean by "my lawyer did not let me"? If your lawyer talked you out of it, or gave you advice that your chances were better without...

Do I need to reveal conviction of DUI if I have completed all probation over 10 years ago

You should hire someone to file a petition for dismissal under PC 1203.4 (this is also called "expungement"). A successful petition would mean...

If I am a minor at a party with alcohol can I get arrested even though I'm not drinking?

There is a charge called "minor in possession of alcohol." Look at Business and Professions Code Section 25662(a). It carries a hefty fine and a...

Can my child testify she is over 8 years old?

This is a tricky area. The short answer is "yes." Why has your public defender been hesitant to subpoena your child for trial? Ask him or her --...

Criminal Defense case jury trial and case outcomes

You would need to petition under PC 851.8, but those are hard to get even with a jury acquittal. The trial judge would have to have concluded that...

If my criminal offense outcome was dismissed, Can I get the offense sealed or expunged? Or is it not necessary?

I would recommend filing a motion for expungement under penal code section 1203.4. You can get the form from the Judicial Council website. For a...

Should I contest my Minor In Possession hearing?

From the facts you describe, you would have grounds to contest the search and suppress the "evidence," meaning the bottle. The outcome will depend...

Can an undocumented immigrant recover medical damages after a car accident?

Yes. Citizenship and residency status is not relevant to any material issue of fact in the lawsuit. Your attorney should be able to successfully...