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Tola Ty Yang

Tola Yang’s Answers

4 total

  • Can a married couple both be charged with "possession with intent to sell" if one of them takes full ownership/ responsibility?

    My husband and I were recently on vacation to Santa Barbara and were pulled over for our high beams and were consequently arrested. The police allegedly found about an ounce of meth on the passenger side (my side) as well as approximately $3500 ca...

    Tola’s Answer

    • Selected as best answer

    Both people in the vehicle can be charge for possession for sales irrespective of their relationship status. Being married makes the case against your husband a little stronger. I would need to know more information regarding exactly where the meth is, but if it was within your exclusive control and you take the wrap for it, your husband may have a decent chance of beating the sales charge depending on what he admitted to the police. However, it is not likely that the DA would drop the sales charge. As for the cash, it is likely that is was seized legally and can be used as evidence to bolster the sales charge. A good criminal attorney could help arrange a good plea deal.

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  • My son was arrested and he went to court 2 of his 4 charges were dropped will his bail stay the same?

    he had 2 felonies and 2 misdemeamors. the 2 original felonies( transporting ,and sales) were dropped then a felony of under the influence was added along wjth a mjsdememeanor of possession and paraphernalia

    Tola’s Answer

    Most likely if the two felonies were drop the bail amount should be lower. As a former Deputy District Attorney, I know that a transportation charge and a sales charge usually are filed on the same complaint based on the same controlled substance and the bail amount is originally set by adding both charges. However, if both felonies were drop and bail is not reduced, you or your son need to hire an experienced criminal attorney who is familiar with Kern County to move for a bail reduction.

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  • My husband had a serious work injury due to the fault of someone else,. The work comp dr sucks, can he sue the company?

    He is missing a substantial amount of pay due to the injury and the dr he is seeing is horrible. What recourse do we have?

    Tola’s Answer

    Since it is a work injury, as you stated, the Workers' Compensation Appeals Board has exclusive jurisdiction in most cases - meaning you cannot file a complaint in civil court to sue your husband's company. Instead, your husband would need to file an application with the Appeals Board. This can be done on your own but an experienced work comp attorney would be very better in order to obtain the best results. You can find a applicant's attorney nearest you at www.caaa.org.

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  • Probation violation hearing

    I just recieved a letter from the court for appearance date for a possible probation violation, I have been on probation for a year and half now, and on a suspended sentence, i have paid all my probation financial obligations, never missed an appo...

    Tola’s Answer

    The reason that your probation is being violated is because part of the terms of your probation is "to obey all laws." The probation officer who handles your case gets updates from law enforcement when you get arrested. Usually the arresting officer would contact your probation officer after he/she made the arrest and inform your probation officer, who then files the violation to see if the DA's office will file charges.

    If this new arrest was the only basis for your violation, and it seems like it is from what you wrote, then the probation officer will not proceed with the violation. The probation officer usually places the hearing on calender after an arrest to see whether the DA's office will file the new charges. In this case, since the DA's office is not going to file the new charges the probation hearing should be taken off calender. If you have proof, such a letter sent from the DA's office, that no charges are going to be filed then bring the letter with you. Show that to your public defender if you don't have an attorney. If there is a probation officer present on your hearing date, the probation officer would usually ask the court to withdraw the probation violation and reinstate your probation.

    In some cases, the probation officer may ask to continue the hearing for status for two weeks to make sure the DA's office did not file new charges against you.

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