I was convicted of non-payment of child support given a suspended sentence and failed. I spent two years in prison. I would like to have this expunged. How many years do I have to wait, and when did the time begin
Hopefully an attorney in your area can address this. In California, unless sentenced under Penal Code 1170(h), if you are sent to prison, you would not be eligible for an expungement. Good Luck.See question
Warrant for grand theft charge was possestion of controlled substance marijuana. Could they miss typed or made a era. Want. take care if it asap when I find out what is what!!??
I suggest calling the court clerk in that area and see if they will give you this information. Or contact a lawyer in this area and have that attorney find out what you need. Good Luck.See question
There are no prior arrests or convictions of this nature. The only "prior" is a DUI Alcohol 4 years ago and was off of court probation at the time these charges were filed. I feel that formal probation is completely unnecessary in this situation. ...
90 days does seem pretty harsh but every case has its own nuances. Were the 3 petty thefts all on one case or were there three different cases, each with a petty theft? What was the theft of? medication? food? alcohol? Was restitution paid to the victim? Is it formal probation for the sole purpose of monitoring the house arrest? Then when that gets completed, it will be reduced to court probation? You should talk to his attorney to get more information.See question
The police took me a picture and my fingerprints
My suggestion would be to hire a criminal defense lawyer. On a misdemeanor case, that attorney may appear for you so you do not have to go to court. I doubt that immigration would be there to take you in but you may have other issues that would better serve you to have an attorney go in your stead and take care of your case.See question
In San Jose are there any programs where DA will sometimes agree to a lesser charge than domestic battery and leave the case open for 2-3 months where the person goes to classes and cases is dismissed? I am not talking about 52 week classes. Some ...
Our firm practices in San Jose so we have a lot of experience in these matters. The answer really depends upon the type of case and defense. For example, one of my current cases needs to complete an anger management class. When we show up in court to show proof in four months, the entire case will be dismissed. Sometimes the case will be reduced to Disturbing the Peace, with no probation, others have different results. There is no one clear answer. It is best to consult an attorney who practices in San Jose to get a better understanding of your particular case.See question
My sister just got picked up by the cops today because her ex girlfriend pressed charges against her for domestic abuse. Her girlfriend was choking her and to get her off my sister bit her, my father had to break the door in to get her off my sis...
In California, being charged with a domestic violence case is extremely serious. At the minimum, if convicted, you will have to complete one year of domestic violence classes, jail time and numerous fines. Your family needs to hire a good criminal defense lawyer in order to help defend her against these charges. An investigator needs to interview any potential witnesses, such as your father, in order to help bolster her case. Many times in cases such as you are describing, an attorney armed with additional exculpatory evidence, can convince the District Attorney not to even file the case. You need to act quickly so your attorney can get to work and defend your sister.See question
I was arrested when I was 19 in Placer County because I had a drug problem . Long story short, I pleaded no contest to felony drug possession and receiving stolen property. My crappy public defender told me one could be expunged/lowered and one wo...
You have a few options available to you. Since you pleaded to a 11377 and a 496, you would be eligible to have your felonies reduced to misdemeanors. In addition, you can apply for a record clearance under Penal Code Section 1203.4. This would not erase your record, but if granted, it would show your case had been dismissed. The court would look at whether your completed probation successfully, paid all of your fines and fees, whether you picked up any new cases, etc. You should contact a local attorney and find out the costs associated with this process. Good Luck.See question
The defendant waived his right to a speedy trial, and now would like to remove that waiver. Is that possible? This is a felony case. And if so, how could he go about doing so. Thank you
In California, you have a right to a jury trial within sixty days of being arraigned on the information filed. Once you enter your time waiver and agree that your case can be tried after the sixty days, you can withdraw your waiver at a later date. Once this happens, the District Attorney's office has sixty days to bring your case to trial. In order to go about this, the defendant's attorney would need to decide if it is in his/her clients best interest to do so.See question
Is there a way to check if my PC 851.8 has been approved or denied. I received a call from an officer who was asking me some information because wrap sheet from city police dept was totally gone. I filed for a PC 8515.8 a few months earlier at t...
The normal procedure in filing these motions is the first step, which you took, in filing out the 851.8 form and submitting it to the police agency. They have up to sixty days to respond. If they do not respond in that time period, you can file a formal motion in court, asking the court to grant your request. To find the latest information regarding your submission, you should call the police agency you submitted your request to and ask for an update. Good Luck.See question
I thru my self phone at her she gave a statement to the police her restraing order came off were back together but im stressed out due to this case she wants to come to.court with me and press no chargers or likely drop the charges wats the best w...
Domestic violence cases are extremely serious in the State of California. At a minimum, a conviction requires one year of domestic violence classes. In most cases, the complaining witness will recant their statement or will press to drop the charges. The District Attorney's office usually informs them that they do not have any say in the prosecution of these cases and that they do not have power to "drop the charges". You need an able criminal defense attorney who can talk to the D.A. on your behalf, get your girlfriend interviewed by an investigator and any other witnesses you may have. Do not think that just because your girlfriend is going to show up in court and and ask for the case to be dropped, that this will happen. Hire an Attorney!See question