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With the new Decamps decision , is there a difference between ca 459 first degree burglary and burglary that falls under 4b1.2(a
John's answer
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Answered on December 09, 2013
Under the federal “Armed Career Criminal Act,” a defendant will get a much higher sentence if he has prior convictions that count as “violent...
Archived
Can the family even do anything without getting in trouble for "housing" an immigrant? Even though he threatens them.
John's answer
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Answered on December 09, 2013
What you can do about his immigration status depends on whether he is a legal or illegal immigrant. If the latter there is a procedure for...
Archived
If I was held in jail after waiving my rights on the interstate agreement on detainers of 180 days do I have a law suit ?
John's answer
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Answered on December 09, 2013
The Agreement applies only to "a person (who) has entered upon a term of imprisonment in a penal or correctional institution" (Articles III(a) and...
Can i be arrested for driving with no car insurance when pulled over
John's answer
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Answered on December 08, 2013
Yes. The cops are not going to let you drive away without insurance. I'm surprised they didn't seize the car.
Archived
Cop said "you look like you are on drugs" and searched my car without consent. He is not a doctor. 4th Amendment broken?
John's answer
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Answered on December 08, 2013
It's worth running a motion to suppress assuming he found something and you were charged. There are many indications that a person is stoned upon...
Archived
Im Dating a man that is like 25 years older than me. I intended on him just being a sugar daddy but now he's obsessed with me!
John's answer
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Answered on December 08, 2013
Now after a year of what? You didn't complete your sentence. I can imagine that with all that money invested in the relationship he now wants...
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My son got arrested last night cause he had a bench warrant will he be released from jail with a promise to appear to court
John's answer
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Answered on December 08, 2013
His best chance of being released is to go with a lawyer. If you can't afford one when he is taken to court he should ask for the public defender.
Archived
First time in jail for 459,476,529.5(a),530.5(a),182(a)(1),11377(a),11364.1 in Tuolumne County california
John's answer
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Answered on December 08, 2013
You have an attorney and no one here should be second guessing what he says. We don't ave any knowledge of the facts of your case so we couldn't...
Archived
If I graduated Drug Court (pre-plead guilty) and had my charges dismissed (three felonies), am I now allowed to own firearms?
John's answer
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Answered on December 06, 2013
No. As far as the federal government is concerned you have a felony conviction, even if it was later dismissed.
Archived
I have a misdemeanor warrant out of wa state. Will I be arrested at the california dmv if I try to get a lisc?
John's answer
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Answered on December 04, 2013
A recent DUI and FTA from another state will prevent you from getting a license in CA. No one is arrested at the DMV. You could be arrested if...
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