Archived
How many days am I looking into doing time if judge gave me a surrender date and gave me 43 days in County jail ?
Victor's answer
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Answered on March 17, 2014
I agree that you'll do half or possibly less if the jails are crowded. Be warned though that you'll still have to do the alcohol program at some...
Archived
When someone with a prior strike gets convicted of a 422 do they get mandatory prison time?
Victor's answer
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Answered on March 17, 2014
He will do 80% of the 32 months less whatever credits he has. More importantly, he has picked up a second strike which means that if he commits...
Archived
Can ex husband sue me or claim my house after the divorce?
Victor's answer
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Answered on March 17, 2014
You and the paralegal have committed a fraud on the court and your ex-husband has a right to set aside the judgment. I would suggest consulting...
Archived
Arrested for DUI - blew into handheld device (PAS?) on scene (.09 & .07) but no further tests were done. Is this normal?
Victor's answer
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Answered on March 17, 2014
If the officer failed to offer you a blood, breath, or urine test, I would be surprised if the DA files the case.
Can you still get violation of probation if no charges were filed
Victor's answer
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Answered on March 17, 2014
Yes he can be violated for state prison. The standard of proof for filing a new case is proof beyond a reasonable doubt. The standard for...
Archived
Can I sue & also have a "Public Intoxication" removed from my record for being arrested without probable cause/discrimination?
Victor's answer
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Answered on March 16, 2014
This appears to be a civil rights question as opposed to a criminal defense question so I'm going to move your question.
Archived
I was summoned to court for driving with out a license, will I be deported? what should I expect on my date? will ice be there?
Victor's answer
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Answered on March 15, 2014
It's unlikely that you will be deported or that ICE will be there. You don't have to have a lawyer to deal with this infraction.
I have a CPO, can I CCW without a permit while I am waiting for my CCW under Section 12025.5?
Victor's answer
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Answered on March 15, 2014
Carrying a concealed firearm prior to a permit being issued is going to possibly subject you to arrest and prosecution. It would be a defense...
Archived
I have attempted to contact my ex sporadically for the past few months. Does this constitute harassment?
Victor's answer
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Answered on March 15, 2014
It may be worth it to consult with local counsel. Although this is a CIVIL restraining order, there may be consequences beyond just not being able...
A cop told me i had to pee in a cup after being arrested for 11550 walking on foot, not on probation. Is this legal?
Victor's answer
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Answered on March 15, 2014
It sounds like you need to focus on successfully finishing your program under Prop 36 and stop associating with people and places where there are...
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