My public defender was called as a wittness during my trail. She sent an e mail to the DA tgat she just recieved the names of two potential wittness a week before trail. When i testified i had guven her one of the wittness names mobths before bu...
It's a hearing involving you, that PD, and the judge concerning your belief that the PD is not giving you adequate representation. You get to tell the judge all the things that you believe show that the PD has given bad service to you. It's recorded by a court reporter, but the DA never gets a transcript. It sounds like no matter whether the judge agrees that you supplied the witnesses' names before trial, there has been a breakdown of the attorney-client relationship of such gravity that conflict-free counsel should be appointed. Vallejo has a group of lawyers who handle such cases.See question
I received a driving on a suspended license about 9 years ago when I was 22. License was suspended due to a DUI. I was told to sell my car or get an interlock, and was told to complete community service. I was moving to Alaska so I sold my car,...
Driving on a suspended license that was suspended for a DUI is usually 10 days in jail. You seemed to be doing everything expected of you, including gettihg an interstate transfer of probation to Alaska. The only strange thing about your situation (in light of your successes over the last nine years) is your failure to complete the community service work and not doing anything about it for so long. The better your explanations are for these two issues, the more likely you'll avoid jail.
Maybe you don't need to do a thing. Based on what you wrote, you were last on probation in Alaska. No state has the money to extradite misdemeanants, and you had a misdo. You won't be picked up in California. Do you plan on returning at any time to Alaska? If not, perhaps you don't need to do anything.See question
I have a good friend who was living in San Francisco, CA and she was working for a company in the accounting dept. One day, she decided to steal $15,000 and she fled to Mexico. This happened about 10 years ago. She now wants to come back but is af...
She probably has an warrant calling for her arrest. Given that she absconded, the statute of limitations will be tolled, so she'll have to face the music. The more $ she can throw at the court, the more likely the court will allow her to pay the balance of the restitution due the company. If she is granted probation, she may still be sentenced to jail, but she may have options to participate in a house-arrest, electronic monitoring substitute that would enable her to make more payments of restitution. There is usually a tension in cases like this between the victim wanting their money back and the punishment impulse. On the other hand, it's probably the case that the company's losses were reimbursed by insurance coverage, which would avoid restitution owed as an issue. The case will be prosecuted in San Francisco. If she has $ for a lawyer, hire a local attorney who has worked in the San Francisco Superior Court.. If she has has no $ for an attorney, she'll be assigned a public defender. Regardless of who her lawyer turns out to be, she should tell the lawyer all the things you wrote to the judgmental business lawyer.See question
She says she was deported, but the fbi background check says she has a clean record.
Deportation is not a crime or punishment for a crime. It is a collateral consequence of some crimes. There are lots of reasons for deportation that don't entail criminal behavior, so the absence of a criminal record doesn't mean your wife wasn't deported for another reason. Was she taken into custody? Was she charged with criminal behavior? Was she prosecuted? If so, where? Then seek to verify what she says.See question
I'm trying to obtain a Cruz waiver and I need to know how to submit it to my attorney and or judge in writing I have not been sentenced San Bernardino County State of California
Why would any defendant seek a waiver of the right to withdraw a guilty plea and allow a sentencing judge to sentence up to the maximum allowed by law if defendant failed to show for sentencing or picked up a new case? Mostly it's a prosecutor's device to punish defendants who commit new offenses between the date of plea and sentencing. How could a Cruz waiver possibly serve the interests of any defendant?
Why don't you consult with your attorney?See question
I was caught shoplifting about $24 in merchandise. I went quietly with the fellow and after going through his protocol about not going into that or any other Nugget again, had me sign a few things. He thanked me for not being hostile and told m...
No police=no criminal case. Fines can only be imposed by public entities, not stores. Shoplifting is also called petty theft, an offense charged in Penal Code section 490.5. Subsection 490.5(c) allows a merchant to seek up to $500 in security costs for petty thefts, but to collect whatever amount they claim you owe, they'd have to file a claim in small claims court. The stores never send a representative because it costs more than $500 for them to take a staff person off to testify in court about what they saw. Don't pay any amount to the store--they won't file a small claims case against you.See question
i was charged with 288(a) but after completing my five year probation the judge granted me early probation termination and also granted me 1203.4
Beyond what other attorneys have written, Penal Code section 290.007 reads: "Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person's conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5." 288(a) demands registration under 290 even if you had been granted a 1203.4 "expungement," which you probably weren't because of 1203.4's limitation. If you were convicted of a 288(a), you'll have to wait 10 years after being released from custody or probation to seek a certificate of rehabilitation and pardon under Penal Code section 4852. That will end your duty to register under 290.See question
In the event that police officers approach my tent and announce themselves and ask me to "come on out" do I have the right to stay inside my tent? Am I breaking any laws? My tent is on property where an application for development has been placed....
Why would you expect that because you've "been accepted by property owners that surround the property you are occupying" that you have the permission of the property owner of the property owner of the land you're occupying. It sounds like you're trespassing, and keeping up the property doesn't operate as permission to occupy. As a trespasser, you're breaking the law.See question
Absolutely. But not as a prelude to sex.See question