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Adam G. Gasner
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Adam Gasner’s Answers

8 total

  • Should i have an attorney fight this case? Is there a case to be fought?

    Hi my name is Jane i have a niece who has been on probation for 4 years since she was 13. The reason she was put on probation was she had a dine and dash case and she has a petty theft record. She was placed on probation and no one had contacted ...

    Adam’s Answer

    Hi Jane,

    It is difficult to answer your question without further details. Who was your niece's lawyer back when she was placed on probation? Is your niece 18 yet? Does she have a future court date at the Youth Guidance Center? Feel free to contact me at 415-782-6000 or e-mail me at adam@gasnerlaw.com if you want to discuss this matter further.

    Best,
    Adam G. Gasner

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  • I have 15 days of caltrans i alredy got one extecion i have 4 days left will the judge give me an extention

    will the judge grant me the extencion or will he give me jail time

    Adam’s Answer

    The issue of whether a judge will give you an extension depends on the reason that you could not complete the caltrans work since your last extension. If you were sick or injured or have another good verifiable reason then the judge is likely to give you another extension. If not, the judge could remand you to do the rest in custody. The bottom line is have a good explanation and some proof to back it up and you will likely get another chance.

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  • Can a juvenile that is on probation get his prop 215 card if he is still on probation after 18

    my probation is getting extended 3 to 6 months and im turning 18 in less than a month for drinking and not coming home till 3 to 4 in the morning.

    Adam’s Answer

    If I understand your question to be if you can get a medical marijuana card even if you are on probation, the answer is yes. Under Health & Safety Code section 11362.5, you need a doctor to recommend that you use marijuana for a medical purpose. If that is done, you are protected under California law against being convicted for possessing and using marijuana for medical purposes.

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  • Child criminal laws

    my daughter was committed of a crime at age 15yrs old, she was accused of hitting a 12yr old girl, and "taking the girls cell phone". this all happened near my daughters school. i was not given a call until my child had been arrested; the school...

    Adam’s Answer

    Your daughter needs a qualified criminal defense attorney. It appears if she is being charged with a robbery (Pen. Code 211) - which is felony charge. There may be defenses available to her that could result in the case being dismissed - or at least the charge reduced to a grand theft from a person (Pen. Code 487(c)), which is a much less serious charge on her record.

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  • Criminal defense about a 211

    my boyfriend was charged with a 211 when he was a minor and they they gave him a year placement but he ran away now he is 18 years old how much time can they give him?

    Adam’s Answer

    There are two issues that your boyfriend needs to address. The first is what the juvinile court is going to do because he did not complete his "year placement." That could vary depending on how long he did before he ran away and - maybe more importantly - what court he is in and who his probation officer is. The other issue is whether or not the DA is going to file additional charges related to the "running away."

    The best tactic for your boyfriend is to talk with a qualified criminal defense attorney in a confidential meeting. Anything said in that meeting is private under the attorney/client privilige. At that meeting, your boyfriend can freely talk about his case and all the facts related to the "running away" and the best strategy for dealing with case can be made.

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  • Typical sentencing guidelines for DUI conviction in CA state

    I was charged with a dui with bac of .15 and hit and run. My lawyer thinks he can get the hit and run dismissed. As I understand, the usual sentencing for this is 5-10 days jail which in our county means sheriff's work program. I would like to ...

    Adam’s Answer

    The answer to your question depends a lot on the county that you are in. There may be other options available to you, such as electronic home monitoring - which is an ankle bracelet that you wear and it allows you to work and like at home, while you serve your "sentence."

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  • LA state criminal code, defense for statutory rape

    I was friends w/ a group of people. One of them a female girl age 16. We were never anything more than friends, when she wanted to be more I told her no. Now she is lying to everyone saying that we were intimate. I'm 21 and and her aunt wants to...

    Adam’s Answer

    First, do not talk about this case to anyone -especially the police or an investgator - without a lawyer. This is a serious matter and you should have professional represenation right away.

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  • Not stopping at a stop sign - trial by declaration defense

    hello, I got a ticket for not stopping at a stop sign during a right turn there was very little traffic and I performed basically a "rolling stop", but it was nothing blatant. if anything, I was driving just as good or bad as the average driver ...

    Adam’s Answer

    A TBD can be a good option for a variety of reasons. First, if you lose, you have a right to a de novo court trial - so you don't lose anything by doing the TBD. Second, I find that the police do not always submit thier delcaration or their delcaration is deficient - so you win. In my declaration I usually do not bother with affirmative defenses, but rarther just make evidentiary objections. Also, if you lose and choose to have a court trial - you can write the officer and ask for a copy of the declaration he wote for the TBD and get a preview of what he is going to say at trial. Lastly, since the TBD is all done by mail - you so not even have to go to the courthouse. All upside in my view.

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