Archived
If I am in a car with someone who is on parole. Can I legally be searched even though Im not on parole and never been in trouble
John's answer
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Answered on May 16, 2016
The law is clear that under such circumstances the passenger, as well as the probationer, can be searched under these circumstances.
Archived
My question is simple, can I press charges for assault? He did beat two minors and threatened by intimidation.
John's answer
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Answered on May 16, 2016
In addition to the remarks made by my colleagues I would add that two 16 year olds cannot have consensual sex. Although your illegal activity does...
Archived
How do I get a two time deadly weapon felon off the street, and charged.
John's answer
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Answered on May 16, 2016
Keep the police current on all new threats. You are not pressing charges by the way; only the DA can do that. The most you can do is call the...
Archived
What are my chances of no jail time and only probation and/or restitution for embezzlement charge when I have been cooperative?
John's answer
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Answered on May 16, 2016
It's not possible for us to estimate your actual exposure on line. We can state the maximum sentences for embezzlement but that does not tell you...
Archived
would probation come to jail and read him his rights and want to speak with him he does not know why he told them he would
John's answer
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Answered on May 05, 2016
While he has to submit to the probation interview he can decline to talk about the case. In my experience clients who want to talk about the case...
Archived
When do we file a motion to appeal? Sentence day is May 25
John's answer
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Answered on May 05, 2016
Remember the time limits: 30 days from sentencing for a misdemeanor, 60 days for a felony. The Notice of appeal is a one page document that his...
Archived
Can we motion to withdraw guilty plea? And if so what are the odds this can work in our favor?
John's answer
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Answered on May 05, 2016
Mr. Dane's comment is right on. Even if you were to file within the time limit (which is now impossible) very few motions to withdraw pleas are...
Archived
Can I use this police report as a proof of his violent nature and apply for VAWA?
John's answer
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Answered on May 05, 2016
The police report is not enough. If you are talking about applying for a U visa then In order to be considered, one of the requirements for...
Archived
Should the DA's office still to date have that case listed on their government website search listing under that case number?
John's answer
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Answered on May 03, 2016
Good advice as always from Mr. Finnecy. Do as he says.
Archived
Can a criminal record be accessed even if it was dismissed?
John's answer
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Answered on May 03, 2016
A dismissal always shows in the record whether it was an early dismissal after filing or the result of a conviction and a successful 1203.4 motion.
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