What are the statutes or case laws that provide for motion to dismiss by an accused on destruction of evidence by plaintiff?

This is typically called a "Trombetta" motion (People v. Trombetta (1984) 467 US 479) where material evidence has been lost or destroyed by the...

My boyfriend got a ticket for possession of marijuana which it was for less than an 1oz but the downfall is that he is on probat

What hasn't been touched on is the manner in which the cops found the marijuana in your car - did you consent to allowing them to search? Did he?...

Shoplifting trial questions?

Unfortunately, the prosecutor has full discretion to make a deal or not. One cannot "force" a DA to make a deal. One of the best ways I have found...

Charges on 459 (B) PC, first time. Whats going to happen?

It is impossible to answer with such little information. What can be said, though, is that the police will complete their reports of the incident...

Is the Driving Under the Influence (AB 1601/Hill) Retroactive or prospective ?

Retroactivity is a common question when dealing with law changes. There are a number of factors that go into determining it, and it is frequently...

WAS MY RESTITUTION WAIVED??

Seems pretty clear from that statment that restitution was waived - in this case. I assume that you are no longer on probation as well which means...

What do I need to do to terminate my informal probation and expunge my criminal record?

If you have completed all the terms and conditions of your probation, and you are at least half way through the time ordered by the court, you may...

I need to find an ice inmate in california what should i do ?

You can contact "Prison Locator" and/or the Department of Corrections who can tell you where your boyfrrien is in the prison system. The last...

I was charged with a DUI in 97. I just rec. a DUI in Oct 2010, this is a misdemeanor w/ 4mons. suspended license right?

That is correct, assuming there was no accident or other aggravators. Probation generally ranges from 3-5 years depending on the jurisdiction. And...

Well, if the store has someone who can identify you, and someone saw you leave from the store with items you didn't pay for, you could be...