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Autumn Renee Paine

Autumn Paine’s Answers

28 total

  • What type of lawyer/firm should I be contacting?

    I am looking to file a lawsuit for a employee of a large cable company who took my personal information without my consent. The individual installed my cable, and then the next day had taken my information for his personal use from my file. (I did...

    Autumn’s Answer

    Contact your local bar association for a referral to an attorney. The Alameda County Bar Association can put you in touch with an attorney who will provide a consultation for a very low fee (I think $30). You should find a plaintiff's side civil attorney.

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  • What would my first steps be? Do I need a lawyer to do this?

    I lost my DMV administrative hearing for DUI and got my license suspended. I want to file a writ in superior court.

    Autumn’s Answer

    You should have an attorney review the record to determine if you have a basis for filing a petition for writ relief. Then, if there is a basis, I highly recommend having an attorney prepare the petition and the memorandum of points and authorities. You will need to convince a court to overturn the DMV's decision, which is not an easy task. Better to have someone who knows what they're doing do it, than to get the denial and wish you had hired someone.

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  • Does my adult son & I have any legal rights to stop parole reinstating no-contact order that was terminated almost 3 years ago?

    adult son is being paroled and conditions are a 'no contact order' with me. original charge listed me as victim (which I was NOT!). Presiding judge terminated 'no contact' order 4-26-13, replaced with level 1 order. Judge also order 52-week anger...

    Autumn’s Answer

    Without more information, you may want to get in touch with his parole officer directly as this can be the quickest, most effective way to deal with the situation. If that does not work then you may want to speak with an attorney to talk about the possibility of challenging the terms of parole. Many attorneys will meet with you for a brief consultation for a small fee or no charge and let you know if they will be able to assist you.

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  • My son got taken to jail and charge on a 3455 violation. How much time is he looking at?

    My son got charge on a 3455. How much time is he looking at?

    Autumn’s Answer

    If your son is on post release community supervision, under normal circumstances the maximum for a violation is 6 months. This does not mean your son is going to get 6 months as he may have be charged with a minor violation and have to serve much less time, or more time if there is a new case filed for the conduct at issue in the violation. Talk with his attorney for specifics about his case.

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  • I missed my $209 payment for this charge today what's the worst that could happen to me

    I got charged with 1 VC 21453(c) inf fail stop line / etc at red and am currently on probation

    Autumn’s Answer

    The worst that could happen is that the court could see this as a violation of your probation, however that is unlikely. Additionally, if you fail to pay the court could issue a bench warrant for a failure to pay. Most likely additional penalties will kick in. You should try to pay this today, or set up a payment plan.

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  • Will a juvenile sealed record effect criminal background check?

    I recently got offered a job at CitiBank, upon completion of my criminal background check I was notified that something came up for "battery" in 2010. That year I was a juvenile and the charges were dismissed and the case was sealed. I am very uns...

    Autumn’s Answer

    A little more information is needed, including whether the charge was a simple battery, or something more serious like a battery with great bodily injury, which could have been a strike. Also, how was the case dismissed? In other words, did you complete probation and it was dismissed, or was it dismissed and sealed under a diversion statute? I would recommend getting a copy of your record so that you can see what is there, as well as meeting with a lawyer who can help clear up any errors that may have been made in terms of reporting to the Department of Justice.

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  • When will he be eligible for 1/3 time if he is in reception at san quentin for a non violent crime

    my son was sent to san quentin and he is in reception there. his offense was non violent and wants to know when he would be eligible for 1/3 time served?

    Autumn’s Answer

    Statutorily he would only be eligible for half time, however due to prison overcrowding and federally mandated requirements that California reduce prison populations, prisons are awarding additional credits. Whether your son is eligible for these credits depends on his record in addition to the current offense. It also depends on whether your son is participating in special programs, such as firecamp, vocational training, etc. To find out about his specific situation, your son should talk to someone from the Prison Law Office at San Quentin. If he believes he is not getting his proper credits, he may file an appeal.

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  • How much time will i actually do?

    I was sentence to 90 days of county jail im currently attending a sherriffs work alternative program in 30 day installments for my 90 day sentence in Alameda County California

    Autumn’s Answer

    You will have to do 90 days of SWAP (Sheriff's Work Alternative Program). You do not receive any additional credits when doing SWAP as you would if serving the time in custody.

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  • What happens if my boyfriend runs way away from group home but hes already 18?

    They placed him on a group home in stockton for 6 months but he just turned 18. they dropped hes charges he only has one for having a big knife in public. what happens if he leaves?

    Autumn’s Answer

    What can happen to your boyfriend depends on why he was placed at the group home. The court will also look at why he ran away and whether he has run away before. If your boyfriend is caught he can be placed in jail rather than juvenile hall since he is 18 while the court decides what to do with him. He should contact his attorney to get advice about his specific situation.

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  • First California misdemeanor : petty theft. CONSEQUENCES for non U.S citizen?

    I am 21 and I was caught for petty theft at Macy's for two shirt which came up to $50. The Macy's lady made me sign a paper which stated that i couldnt enter Macy's for 3 years and then a fine of $425. She called the cops on me. I was taken to co...

    Autumn’s Answer

    The consequences of even a misdemeanor for a noncitizen can be serious, and it will depend on your particular status. Your situation is different if you are a greencard holder, or if you are undocumented.

    Talk with your criminal defense attorney about the consequences of any plea agreement before you accept any "deal" or decide to go to trial. If your attorney cannot answer your questions, consult with an immigration lawyer. Many lawyers offer a limited free consultation. But definitely get the information you need before proceeding. Don't wait until you have problems later on.

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