This case is out if riverside calif. He been charged with 288penal code my friend been wrongfully accused we are getting ready to go to trail his attorney tells him their is no evidence but it is what the police report that has kept him locked u...
If a case cannot be settled it goes to trial. There, the jury will evaluate the evidence and decide if there is enough to convict the accused. Sometimes, in a weak case, when a case has not settled, if the evidence is too weak the DA will dismiss the case on the day of trial. So, your friend should take the advice of his attorney and if there is no evidence as you say (police testimony IS evidence; a 288 case would not be prosecuted unless there was some statement from the alleged victim to establish the crime), the result should be favorable.See question
My Best friend was recently convicted of I D. Theft. However she was sentenced to 240days to be server either home detention or work project, to be signed up by the 15th of this month, therefore she went and was denied for work project, and told ...
Unfortunately, today is the report date so anything she does will be a little late. However, she could ask her attorney to place her on the judge's calendar to request an extension and explain the situation. The hearing won't be until after the 15th so a warrant may be issued if she doesn't report. She could also go to the court and place the case on calendar herself to make sure she gets it done today. Aside from that, she can, of course, report and take that avenue.See question
Is a police report hearsay? I am helping my friend with her domestic violence situation. We want to admit the police report. We have subpoena the police officer, but the question to the police officer will be about what the police officer wrote...
Yes, any out of court state met is hearsay. But you should be very cautious representing yourself, or in giving legal advice if you are not a lawyer. Best advice is to hire an attorney who will know the answers to these questions and how to handle them in court.See question
Family member starting trial for pc187. One local news channel wrote and aired false information via: police report. It was my understanding that unless and/or until said person is convicted of actual crime, they must refer to them as "allegedly"
Generally, "allegedly" should be used until there has been a guilty verdict or factual finding. It is basically an issue of liability for the publisher until the facts are proven. Often, media will quote sources, stating "facts" as related by those sources. Stating things as "facts" in the media can have an impact on the defndant's presumnption of innocence and the right to a fair trial and due process of law.See question
Family member on trial pc187.
If a case has garnered enough media attention it is considered a "high profile" case. It has nothing to do with the parties to the case at all. It has to do with whether or not there is a high degree of public interest in the case. This often happens in a murder case or where a celebrity is involved. The parties do not "stipulate " about this, although there may be issues related to publicity in the courtroom or medial access to the proceedings.See question
Juvenile was at wrong place wrong time. Wasn't the shooter but the law has came by the home. Was questioned the same day of the crime. And was released. After giving a statement.
Yes, he should absolutely discuss his situation with an attorney, and probably should have done so before speaking with the police the first time. But what's done is done and he should not speak to any law enforcement agent again - or anyone else for that matter - about the situation without an attorney present. He could be a witness, or he could end up being a defendant in a very serious crime even if he wasn't the shooter. And by the way, I wish I had a nickle for every time I have heard "just in the wrong place at the wrong time." While it may be true, it does not often raise to the level that a DA will not file charges if they believe they can prove involvement in the crime.See question
Went to court two years ago for a third DUI and there was nothing in the system I have done multiple warrant checks and ran my name through the online sites you pay to check. Can they try to file it as a felony with in three years or am I misinter...
There needs to be three priors within 10 years for the fourth to be a felony. Of course, a third can be a felony if, for example, there was an accident where someone was injured or killed. But no, a third DUI within 10 years is not in an of itself a felony.See question
Got arrest for a third DUI 2 years ago. I went to court and they said they couldn't find anything. Iv looked up my name on multiple sites and can't find anything either.
If the case wasn't filed within a year from the date of the incident, it is barred by the Statute of Limitations. You can check with the Sheriff in your county to see if there are any warrants; or you can check with the court where the case would have been filed; or, you can contact the DA's office to see if any case was filed. You could get a copy of your DMV record that might also show if a case was filed.See question
My husband is In CDCR. He is eligible for his 33% time off his sentence, would his Presentence 2-1 time credit spent in a county jail still count towards his sentence as well?
I think you may be confused. He should be eligible for either 50%, 20% or 15% time credit reductions depending on his charges and/or prior convictions for which he was sentenced. So a little more information is needed to answer your question. Of course, his attorney at the time of his sentencing can answer this question with full knowledge of the sentence, so that is where you should start.See question