When is penal code 12022.53(d) not applicable? And is it considered a default and reversible when 12022.53(e)(1) is not plead an

The gun use enhancement applies to murder. The (d) section applies to the person who used the gun, or, "the shooter(s)." The (e) section is the...

Time limits for court arraignment on information after waiving preliminary hearing?

I agree that waiving a prelim is rare unless doing so will be to some advantage to the accused. Even after a waiver, an arraignment on the...

Selected as the best answer

I have a warrant for my arrest for the past 2 years I want to know if hiring a lawyer is necessary?

Absolutely! You may have defenses in either or both cases. You will be at a distinct disadvantage if you do not have a good criminal defense attorney.

Generally, yes, they can search based on your search waiver. They cannot do it if it is "capricious" or meant to harass, or not to further a...

You may be correct. You also have a number of legal issues that should be explored by a criminal defense attorney...if charges are actually filed...

I am a victim of a huge foreclosure fraud case that involves the IRS AND FEDS will the feds or the Irs investigate me?

As the others have said, you need a criminal defense attorney to represent you - before and during any interview with any law enforcement agency.

You may not do any actual jail time but you will probably be ordered too a form of custody, such as work program. The punishment will be increased...

Can I fight the 3rd convi given the 1st off happened 10 yrs. ago/-11 days. I didn't refuse at the PD station info was Omitted?

Sorry, close is not enough. If it's less than 10 years it's less than 10 years. You really, really need to hire a good criminal defense attorney. ...

Selected as the best answer

One of the parties filed a motion to continue the preliminary hearing, and presumably the settlement conference. There should be a new court date...

Yes, it will be entered as a dismissal but as others have said, it will remain on your record as such. One slight distinction: if judgment was...

Selected as the best answer