My boyfriend is locked up for two attempts murder & firearm his violation date is Feb 28 2008 . Been in county for 2yrs already can u please let me know his possible sentence ? What an I do in this Situat
It depends on the degree of murder he's charged with. Assuming for present purposes it's attempted first degree murder and he isn't accused of trying to murder a cop, a firefighter or a member of the jail staff, he could be looking at a max of life with the possibility of parole and a min of 12.5 years or so, before the firearms enhancement, which is likely to be sizable, for each count. (The court could order that his sentences run concurrently, or at the same time, rather than consecutively--where he'd have to be paroled from ONE sentence to the SECOND sentence and then after serving that, be eligible for parole to the street). I'd need to know more facts before giving a full opinion, but from what you've said he's in a very serious situation.See question
It is a ten year old case.
The first question I always ask is "Are you off probation and have you had no interactions with the criminal justice system since this case?" If the answer to both is "Yes" then you may be a good candidate to reopen the case depending what the conviction was for (either to reduce it from a felony to a misdemeanor and then dismiss it, or to reopen it as a misdemeanor and dismiss it) under P.C. 1203.4/1203.4(a). The process is pretty straightforward, but certain offenses--most;y sex crimes--can't be eliminated from your record in this way and the rules apply across the state. My office is happy to speak with you and discuss assisting you with this if you like. Good luck! :) Sincerely., ChristinaSee question
Did county time, no state time. Is a sales charge eligible? It's been 15 years with no police contact.b
With 15 years of good conduct, I think your better approach is to try to get your felony reduced to a misdo and dismissed under P.C. 1203.4. My office is happy to assist you with this if you like. Good luck!See question
I was in an accident that caused me to be arrested for DUI. The other car hit me (and I recorded him admitting at fault). That happened at 8 pm. He ended up calling his son for assistance for some reason and his son showed up about 20 mins late...
In general, the longer the time that elapses between the accident and the breath test, the less reliable the breath test is considered in court. However, the People still may be able to convict you of DUI under a per se theory and I'd need more facts than what you've listed here to give a full opinion. From what you've stated, it sounds like you have some arguments to attack the BAC, which is always helpful and should give your attorney a bit of leverage in resolving the case, perhaps to a "wet reckless". But you should consult with a lawyer as soon as possible.See question
Ok this is just a general question. This has not happened and therefore this is just for knowledge. CA age of consent law is 18, nevada's age of consent is 16, what would happen if someone who is older than 18 brings a 16 year old to nevada withou...
The hypothetical you've posed has a number of simply horrible likely outcomes. First off, bringing a juvenile across state lines in the situation you describe would appear to bring you within the purview of the Mann Act (see 18 USC 2422(b) ) which carries with it a statutory minimum of ten years in prison upon conviction and a maximum of life. Second, to the extent the communication with the minor occurred in California, you would be open to liability under P.C. 288.3 and PC 288.4, which are both serious offenses (and neither of which require the sex act to take place WITHIN California). Finally, given the recent push (due to grant funding) by law enforcement to reclassify cases where parties cross state borders or where one party can be accused of being the other's pimp as "human trafficking" cases, you run the risk of the DA alleging exactly that--and the penalties under that statute are stiff indeed. The bottom line--and to me, the safest course-- is that if one is over 18, one should never engage in sexual conduct with persons who are under 18, especially not across state lines.See question
I got charged with a misdemeanor of "furnishing alcohol to a minor" at work because I forgot to ask for identification and sold to an undercover decoy. What can I do to get it reduced to an infraction, and what will happen at my arraignment? Do I ...
I'd recommend consulting with an attorney as soon as possible. At the arraignment, the Court is primarily interested that you (a) show up (or appear through counsel, if you've retained counsel) and (b) if you haven't retained counsel, whether you qualify for the services of the Public Defender or are able to retain counsel within a reasonably brief period. I'd need to know more about the facts in your case before I could advise you, but in general pleading guilty right off the bat is the *worst* thing a defendant can do. In contrast, if you retain counsel before the arraignment, they can appear* for* you without you being present under P.C. 977 (as it's a misdemeanor charge that doesn't involve DUI or domestic violence) if the Court agrees (I've never had the Court say no) so retaining counsel can mean that you at least won't miss work. Typically, all that happens at an arraignment is the waiver of formal reading of the complaint, entering a plea of not guilty to the charges and denying all enhancements (if there are any) ordering or picking up the discovery and setting a "pretrial" date where the DA and defense counsel can huddle to resolve the matter.See question
ii recently got terminated for petty theft in october ...ive had tons of interviews and no one. will hire me
(A) How old is the petty theft conviction and (b) have you successfully completed probation? You may be a good candidate for a petition under Penal Code Sec. 1203.4, which--if successful--would wipe the conviction from your record. Also, since late 2014 employers in San Francisco with more than 20 employees have been banned from asking about prior convictions in the early stages of the employment process, though they *can* perform background checks and ask the question in the later stages. In any case, I'd suggest looking at whether a petition under P.C. 1203.4 makes sense for you.See question
My boyfriend hasn't been contacted by his probation officer in 9 months and a different person suddenly called today from the probation office. Will he be in any sort of trouble or potentially be sent to jail?
It would depend on the circumstances --if your boyfriend was ordered by his prior PO to check in every month or two and didn't (and waited instead to be contacted)--this could be an issue, though I suspect if that were the case they'd just move fora probation revocation and take him into custody. Assuming your boyfriend has obeyed the terms and conditions of his probation, he shouldn't have any trouble,See question
last year while at work without warning I was brutalized by several police, in the hospital for 5 days, with life threating injuries, to make matters worse now I have an arrest warrant for me , they claim I assulted them and resisted both lies. i...
Assuming there isn't some extraordinary fact you haven't mentioned (e.g. you're a foreign diplomat with consular immunity or a court in a *different* state from where this happened has the criminal charges pending) I think the challenge to the Court's jurisdiction is probably a dead letter. If you're indigent, the Court is required to appoint counsel for you in the criminal case if your freedom is imperiled (i.e. if you're charged with a crime that could lead to jail or prison time). The criminal case is and should be your main priority right now based on what you've said. Good luck!See question
i was arrested in 2007 (only arrest ever) and court messed up case really bad. i signed a plea and they lost it, was kept extra month, defense atty never showed again. i pled only to misd. but they dna'd me. had deferred entry jud. successful. got...
Depending on what the terms of the plea agreement were, I may be able to help you get this sorted out. I'd need to know more facts than I feel comfortable discussing on a public board, so I'd be happy to offer you a free telephone consultation. My contact information is available through my firm's Web site at the link below.
Christina A. DiEdoardo, Esq.,
Admitted in California and Nevada