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Rodney Richard Rusca

Rodney Rusca’s Answers

25 total

  • Does a pending charge show up on a back ground check in California? Mis,- Petty Theft

    I have been "charged" for petty theft in April, and I am now up for a job working as an In Home Care Provider and I know that they do background checks, also, I went to the court date and there was no charges yet and was told to call in once a wee...

    Rodney’s Answer

    It should say on the application what they are looking for. This is not a conviction and you may not even have criminal charges pending. With misdemeanors the DA has one year from the filing of your complaint to press charges. Sometimes, they are busy and it takes a couple months. You will likely be eligible for diversion which will suspend criminal proceeding for six months (you can say you aren't convicted and criminal proceeding are suspended) during which time you have to take a one day class and stay out of trouble. If you do that your case will be dismissed.

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  • How come District Attorney office doesnt have my friend police report?

    My friend is being charge with criminal threat and battery, He has been in court 2x already and the judge said the DA have not file the complaint and there is no court date given to him. I check with the DA office and they said my friend police re...

    Rodney’s Answer

    It can be a number of reasons, as another attorney posted. There isn't a lot your friend can do other than show up to court, shut up, and stay out of trouble. Eventually, the judge will put pressure on the DA to get the reports and evidence together or take the matter off calendar.

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  • Can I get in trouble if I unknowing sent an inapropiate pic to a minor?

    I got a phone number online assuming it was an adult female. I txt an inapropiate pic thinking it was ok. I recieved a msg back I guess from a parent saying i sent it to their son. They said they turned my phone number to their phone company who w...

    Rodney’s Answer

    You may be in trouble. It depends on what happened. The father hasn't gone to the police, maybe nothing will come of it. Maybe they are just messing with you. I would discontinue communication with the phone number and forget this happened (except that you will not do it again). Best of luck, if it hits the fan call for a free consult 559-268-1600.

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  • I am charged with $6000 in welfare overpayment (fraud). Will I face jail time ? I have a good job and have paid back $1500

    Will I face jail time ? at least work release ? I wasnt eligible for the program where I pay restitution and charges becuase of an old misdeamenor on my record. I live in Fresno County California

    Rodney’s Answer

    Yeah, you are facing possible prison. In my experience, most judges do not view this as the crime of the century, more of a crime of opportunity. Even if you are forced to take the felony it's quite possible to get probation, but there still may be some sort of punishment. The standing DA policy in Fresno is if you can pay it down below $1000 you get a misdemeanor. It sounds like you didn't qualify because of your record. It's possible that if you push it closer to trial you may end up with that misdemeanor or things could get worse. It's possible to get a lenient punishment with felony probation. However, felony probation is tough. It's a real complicated dance, and a lot different things can happen. I think your best approach is to keep working and paying it back. If things aren't working out with your public defender, give me a call for a free consult.

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  • I got my third D.U.I. last week. my first two were about 6 years ago. I have a class b commercial license now.

    I had a regular class c when I got my first two, since then I obtained a class b and got a third D.U.I. last week. will I have only the one recent D.U.I. charged against my class b ? I was off duty and in my personal car on all three.

    Rodney’s Answer

    First off, you need to examine whether or not to fight the DUI. If you and your attorney decide to deal the punishment is more severe than with a second DUI. As long as your prior DUI's are within 10 years I do not think it will matter what class your license is in a criminal court. The minimum punishment under the code for a third time DUI is 120 days in jail. Some judges will give you the option of an in patient program in the alternative. Request your DMV hearing, the judicial officer will explain how to go about getting a license and your options with an A, B, or C license. I've seen California Drivers Licenses routinely suspended for two years on a third offense (the criminal court judge may make you finish the 18 mo class or require even more). Call me if you need a free consultation.

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  • Third DUI charge. I work and am only supporter of my family. Can I get a jail alternative?

    Have two prior dui's. Both three years ago. I cant lose my job because of my responsibilities I have. Father of four and husband. Will the judge show mercy and what should I ask for?

    Rodney’s Answer

    Even if its a standard DUI (nothing extra bad: like injuries, driving really fast, or babies in the car), California Code requires a mandatory 120 in jail. Judges can interpret jail to mean other things. Judges could give work program (not allowed in Fresno County with sentences more than 90 days), ankle monitor, or an inpatient program. I have not verified it, but have heard some in patients allow work (most do not). Getting the judge to go along with ankle monitor may be tough (many judges consider it a too lenient a sentence for third DUI), but it usually doesn't hurt to try. Some of my third time DUI clients have turned themselves in, in hopes of an early release and have met favorable results (this is risky).

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  • What happens if you have an FTA warrant for your arrest for a misdemeanor possession charge?

    I was recently issued a warrant but have already contacted the courts and scheduled a court date. Are there any precautions I should take? This is my first charge and first ticket. (CA)

    Rodney’s Answer

    I would carry your minute order around with you before your court date. If an officer sees you on the street technically he can arrest you. It is less likely if you provide him with the paperwork showing you are taking care of the process. Most judges in Fresno County would not put you in jail for one FTA on a misdemeanor. However, it is possible. Be courteous, most like it when you dress nice too.

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  • What do I do? Theft misdemeanor?

    In December 2010 I was caught shoplifting at a Kohl's. When I showed up for my court date in March 2011 I was told that my name was not in the system that they couldn't find any reason I should be there. .they gave me the number for the DA's offic...

    Rodney’s Answer

    The most important thing is to get that arrest warrant recalled. The judge cannot do that until the matter gets put on calender. In order to get the matter put on calendar, you need to go down to The Fresno Superior Courthouse Calendaring Department on the fourth floor of the main courthouse. There they will give you the date where the judge can get rid of the warrant. Alternatively, you could get a private attorney to help you with this step. Once you get your paperwork showing that you have a future court date, carry it around with you until your date because officers can arrest you. By showing that you are taking the steps necessary to rid yourself of that warrant, it will help you persuade the officer not to take you into jail. With a misdemeanor theft case it is unlikely that they arrest you, because the jail is so full, but they do have that power.

    Our other comment, from Elliot, is correct. To expand, there is a presumption that the court took too long to prosecute you if more than a year passes between the affidavit in support of an arrest warrant and the arraignment in court on misdemeanor matters. However, there are exceptions to this rule and it may not apply in your case.

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  • My boyfrend of 14 years got non aggravated assault. On me and the officer got me to. Say. What happened on voice. Recording. Can

    Can I drop charges we work together three kids and I am not in fear we live in WY we need. No contact. Order off too we have worked together eight. Years

    Rodney’s Answer

    Not in California, the way it works here is once the police have gathered the evidence, the case is given to the district attorney. The supervisors review the evidence and determine how strong the case is. The trial district attorneys determine if the case goes to trial. Sometimes, the politics of the district attorney’s office leaves the ultimate decision with the supervisors.
    You may be a factor in the district attorneys willingness to proceed. That area is a little sticky on what I ethically can and can’t tell you. Since I am not familiar with your state, I will let someone else comment on that.

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  • My son has a pd.

    My son has a pd that not doing anything to help? His per trail is coming soon, and he is thinking defending his self. Where can he get advice?

    Rodney’s Answer

    In California, you can tell the court your attorney is incompetently or inadequately represented you. The court will have a hearing and determine if that has happened. If it is granted you will get a new lawyer. I'm pretty sure there is a process in place in Illinois.

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