Archived
How does a recently paroled individual gain approval to transfer out of the county (San Diego) in which he is to serve out his
John's answer
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Answered on December 10, 2010
He has to apply to have his parole transferred out of state. Generally he has to have paid any restitution ordered in full and he must have a...
Archived
My 18 year old son was charged with PC 32, PC 488, and PC 272. A minor stole a couple of 12 packs of beer from a store and got
John's answer
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Answered on December 10, 2010
PC 32 can be charged as a felony or a misdemeanor. PC 272 is child neglect a misdemeanor. PC 488 is petty theft also a misdemeanor. As these...
Archived
What is the penalty for pc 32 f? Accessory to felon fugitive?
John's answer
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Answered on December 10, 2010
There is no PC 32 f; what I think you mean is PC 32 felony. This statue covers aiding, or concealing a principle in a felony. The penalty is up...
Archived
Can I be charged with a crime if I don't arrange for my loved one to be cremated or buried. I am the only next of kin
John's answer
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Answered on December 09, 2010
If you didn't otherwise dispose of the remains you could. We can't leave dead people in their beds to rot. It's not healthy. If you were...
Archived
I appeared in court on the time and date but still got a notice from DMV saying that I failed to appear how is this possible?
John's answer
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Answered on December 09, 2010
What's weird about it is that no charges would be filed on a DUI. The failure to appear might refer to your APS hearing but if you didn't ask to...
Archived
What is the maximum sentence a person convicted of first degree murder can receive in California?
John's answer
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Answered on December 09, 2010
I can't predict the sentence not knowing anything about the case but the worst he could get is death or maybe that's the best depending on what a...
Archived
Can a defendant in a criminal prosecution file a motion to dismiss based on insufficient evidence?
John's answer
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Answered on December 09, 2010
An infraction is not a crime; it is a public offense. That's why you get to have a commissioner hear your case instead of a real judge and have no...
Archived
Postpone court date
John's answer
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Answered on December 09, 2010
It's certainly possible to continue a court date. however in your case the reason is ineffective assistance of counsel. It is more likely the...
Archived
Can a "demurrer" be filed in California Criminal cases?is it true that demurrers are abolished in Federal Cr. P.C?
John's answer
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Answered on December 09, 2010
There is a typo in my answer. The reference should be to Fed Rule of Civ Pro 12(b)(6); the criminal equivalent is Fed Rule Crim Pro 12(b)(3).
Archived
How severe will my penalty be if I stole a phone?
John's answer
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Answered on December 09, 2010
Taking iphones, whether by simple theft or force, is a popular crime these days particularly among the young. The presumption seems to be that...
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