Archived
If a person suffering from a mental illness is arrested for writing a bad check, can their mental state hold ground in court?
John's answer
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Answered on May 13, 2013
Writing a bad check is a general intent crime which means that mental state would not be a defense unless the mental condition results in...
Archived
Is there a statuit of limitations in California if I fail to appear at sentencing if I signed a Cruz waiver?
John's answer
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Answered on May 13, 2013
No, there is no statute of limitations on your sentencing. If you failed to appear they will sentence you when you are picked up on the new...
Archived
If a 5year joimt suspension was put in place in 2006 when does it lapse?
John's answer
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Answered on May 13, 2013
The joint suspension is a part of his probation which normally lasts from 3 to 5 years. He should be clear now but to be sure he should call the...
Archived
Want expunge of 261.5C 7 yrs ago with no other legal issues. No jail all requirements met case commenced & concluded 8/14/08
John's answer
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Answered on May 13, 2013
California does not have a true expungement statute which will seal his records. We do have the procedure set forth at PC 1203.4 which has some...
Good Morning !! My son is charged with 2 counts of second degree 211 robbery and, 1 count of Atmp -murder on the 1 degree ,
John's answer
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Answered on May 13, 2013
I agree with Mr. Farina but would add that potential exposure on the attempted murder in the first degree charge is huge and could include life. ...
Archived
How many months will my boyfriend do on a sentence if 16 months with 85% and a credit of 276 days ?
John's answer
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Answered on May 12, 2013
Your first calculation is correct give or take a few days. He's already done 276 full days so there's no reason to multiple his credits by .85%. ...
Archived
Right to a speed Trail???
John's answer
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Answered on May 12, 2013
Being in criminal court has to be frustrating and confusing for the non-lawyer. In most sessions there are many attorneys milling about , talking...
Archived
What does the term "Warrant was quashed locally" mean? Do I need to get on calendar and request the warrant be revoked?
John's answer
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Answered on May 12, 2013
It appears not.
Archived
Will my record here in California be effective in oklahoma? I just got charged with 2 count of distribution of cds.
John's answer
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Answered on May 12, 2013
An attorney can appear for you in misdemeanor matters but in a felony case (which this appears to be) he generally cannot. If you are on probation...
Archived
If i have violated my terms of parole-is there a statute on when i am no longer in warrant: California.
John's answer
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Answered on May 12, 2013
No.
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