I am the protected party of a domestic violence restraining order. After 4 months of being protected, I'm ready to start marriage counseling with our preacher. Am I legally allowed to do that?
If your restraining order is still in effect you need to go back to court and request a modification. It is illegal for the restrained party to see you unless there is an exception in the order. It is not illegal for the protected party. However, your partner would get in trouble with the law if you two were caught together. Go back to court and get a modification.See question
I was awarded child support from someone who I have a restraining order against. Up until the order, he was making direct deposits into my bank account, but no his lawyer is asking for my address for him to start mailing checks to, stating that is...
If it is a personal conduct order, he can mail checks to you. If the second box is checked that "he can't contact directly or indirectly..." he should not mail anything to you unless the court granted an exception for child support payments. Regardless of whether it is a personal conduct order or a no contact order, I would contact his lawyer and tell him that you do not wish to share your address with this person and that it is confidential. If the direct deposit arrangement is no longer viable, ask the lawyer to retrieve checks from his client and request that the lawyer mail those checks to you. Tell this lawyer that your address is confidential and he must not disclose it to his client. I am not aware of any law that says support checks have to be mailed. Good luck!See question
When applying for a new job I get asked this question "Have you ever been convicted of a crime (felony or misdemeanor) other than (1) a marijuana related conviction that occurred more than two years ago; and (2) an offense for which you were refer...
Assuming you pleaded no contest to 2 DUI misdemeanors in the past 5 years, you do have 2 misdemeanor convictions that do not fit within the listed exceptions to the question. So, the answer should be yes.See question
This for my friend.
Criminal Defense Lawyers - Drunk Driving Lawyers!See question
possession of heroin, 11359 H&S - possession of marijuana for sale, 11360 H&S - transportation of marijuana for sales, 11378 H&S - possession of dangerous drugs for sale, 11379 H&S - transportation of dangerous drugs for sales.
It depends on a variety of factors including the quantity of drugs and past criminal history. Contact lawyers in your area and conduct confidential consultations!See question
It appears that the arresting officer may have filed the wrong charges. There was no proof of violence and the charges had child endangerment. There are no children with in a 1/4 mile of him. No school or park within a mile. The district attorney...
Once a bail bonds company bails you out, it has fulfilled its obligation under the contract.See question
You can get it dismissed from your criminal rap sheet by filing a Penal Code 1203.4 motion to withdraw your plea from 2001. However, it will not be removed from the DMV printout. As the attorneys have mentioned, it cannot be used against you as a prior.See question
How would one go about in accessing a criminal defense lawyer's win to loss ratio record in trial (and pre-trail via a dismiss)? Is this even possible?
It depends on the definition of win or loss! In some cases, winning means a well negotiated plea deal. In others, winning means a complete dismissal of all charges! Call up lawyers for a free consultation and ask about their track record in plea negotiations and jury trials!See question
i was remanded into custody.my bail should of been 175,000.00 and not 75,000.00 do i loose out on that money because the courts totaled up the amount of my bail incorrectly
The original bail bonds company should be able to pick up the additional $100,000 with the negotiated percentage! You should not have to bail on the entire $175K! Call your bail bonds company that initially bailed you! Good luck!See question
in a situation where there is a signed agreement between the court and the defendant that stipulates completion of PC 1000 means the case is dismissed. How is it that 14 years later a cop can use that case as grounds to search and arrest you? Can ...
I agree with my colleagues. In addition to that, you may be eligible to file a motion to seal your record and files pursuant to PC 851.9 with a few exceptions.
California § 851.90. Drug diversion programs; deferred entry of judgment programs; successful completion of program; sealing of records and files; disclosure of arrest to Department of Justice
(a)(1) Whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted to a deferred entry of judgment program pursuant to Section 1000 or 1000.8, the person successfully completes the program, and it appears to the judge presiding at the hearing where the diverted charges are dismissed that the interests of justice would be served by sealing the records of the arresting agency and related court files and records with respect to the diverted person, the judge may order those records and files to be sealed, including any record of arrest or detention, upon the written or oral motion of any party in the case, or upon the court's own motion, and with notice to all parties in the case.
(2) If the order is made, the clerk of the court shall thereafter not allow access to any records concerning the case, including the court file, index, register of actions, or other similar records.
(3) If the order is made, the court shall give a copy of the order to the defendant and inform the defendant that he or she may thereafter state that he or she was not arrested for the charge.See question