Archived
I have been charged with Petty Theft with a Prior but it should be just Petty Theft. Can I get the whole case dismissed?
Mark's answer
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Answered on August 07, 2013
Yes, you were technically arrested although you were only given a citation, so the DA is seeing a prior conviction for a petty theft which allows...
Archived
I was wondering how much jail time my boyfriend is looking at he has possession charges, obstructing a officer, a few others?
Mark's answer
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Answered on August 07, 2013
Yes, it is impossible to answer this question without much more information. Of the charges you mention the most interesting is the 18715 charge,...
Archived
If I was told to go to court for a DUI and they said they did not have my paperwork ready can I get my case thrown out?
Mark's answer
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Answered on August 06, 2013
The DA simply did not get the case filed by the date you were given on your citation. This does not necessarily mean that no charges are going to...
Archived
Will a paid attorney help me more than a public defender?
Mark's answer
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Answered on August 06, 2013
If you entered a plea and were sentenced it is not a matter of getting a deal any longer. It is a matter of whether or not you are in violation of...
Archived
How likely is it at the DA will file charges?
Mark's answer
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Answered on August 06, 2013
It is very likely that the DA will file charges. They just didn't file them in time, which is not uncommon these days, except in serious cases....
Archived
How many years is someone possibly facing who is charged with 5 counts of armed robbery in one night?
Mark's answer
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Answered on August 06, 2013
In California, in excess of 50 years. Under the "10-20-Life" laws for gun use, a 10 year enhancement can be assessed for each victim on whom the...
Archived
Is it possible to be convicted of PC: 594(B)(1) when it is caused by a fight?
Mark's answer
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Answered on August 05, 2013
A vandalism requires that damage be caused "maliciously."Is damage caused by a fight maliciously caused? Contact a criminal defense attorney to...
Archived
Do I have a civil case?
Mark's answer
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Answered on August 05, 2013
This has to be one of the most unusual questions I have ever seen on Avvo. I just have to assume you are not married any longer, or at least, you...
Archived
Do I have a right to the original prosecution's legal file against myself, post-conviction from a state criminal case?
Mark's answer
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Answered on August 05, 2013
No, you do not have the right to the prosecution's file. If and when the time comes when you petition for a Certificate of Rehabilitation, the...
Archived
When does law enforcement have to read the Miranda Rights to someone who is being arrested?
Mark's answer
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Answered on August 05, 2013
Miranda warnings must be read to a person before questioning when the person is "in custody." This is a very heavily litigated area of the law and...
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