Archived
What happens when the prosecutor and the probation department do not agree on sentencing suggestions to judge?
Brian's answer
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Answered on March 30, 2009
Ultimately the sentence is up to the judge. The probation department and the prosecutor make recommendations to the judge and they do not always...
Archived
How do i get an expunged (1203.4)case from 7 years ago removed off county data base in CA ?
Brian's answer
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Answered on March 30, 2009
To be eligible for relief pursuant to Penal Code 1203.4 (expungement) you must successfully complete probation. Assuming you have done so and paid...
Archived
Is blowing multiple times (6 times)through a breathanalyzer test an acceptable procedure? Where are the test portocols found?
Brian's answer
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Answered on March 28, 2009
I agree with the other answers, but do have a couple questions.
There are two "breath tests". One is a preliminary test that is given along...
I was caught shoplifting in Brea Mall - arrested and bailed out
Brian's answer
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Answered on March 28, 2009
You are getting a little ahead of yourself. An expungement will only be necessary if you are convicted. Focus on trying to avoid being...
Archived
90 day sentencing
Brian's answer
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Answered on March 28, 2009
Not sure why the DA is excluding ankle monitor.
Are you supposed to line up the community service yourself or is there a county agency you...
Archived
Can a misdemeanor be upgraded to a felony charge?
Brian's answer
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Answered on March 28, 2009
If the Defendant pled to a misdemeanor, he cannot be sentenced to State Prison. He can be sentenced up to a year in County Jail though. ...
Archived
Man arrested for stealing baby stroller,refused plea.Trial pushed back 7 times,accuser cannot be found. How long can it go on?
Brian's answer
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Answered on March 26, 2009
A Defendant in a criminal case has speedy trial rights. A misdemeanor must be brought to trial within 30-days if the defendant is in custody or...
Archived
Got my 3rd dui 1st was in 01 2nd in 04 3rd 09 what is best case and what is worst case
Brian's answer
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Answered on March 26, 2009
The mandatory minimum sentence for a third DUI is 120 days. You should consider checking into an in-patient alcohol program immediately. This...
Archived
Felony dui charge
Brian's answer
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Answered on March 26, 2009
The DA and court consider many things when considering to reduce a DUI injury to a misdemeanor. The severity of the injuries is a major factor. A...
Archived
DUI WARRANT
Brian's answer
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Answered on March 26, 2009
If you hire a private attorney they will be able to appear on your behalf and you may never have to go to court. Penal Code 977 allows an attorney...