Archived
My husband is getting charged with a evading and today the judge added his prison priors how much time does that carry?
Martin's answer
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Answered on July 17, 2018
Felony evading in violation of Vehicle Code section 2800.2 is not an AB 109 or "local prison" offense. This means that unless your husband is...
What exactly is a super strike?
Martin's answer
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Answered on July 16, 2018
A "super strike" is a conviction for any offense described in Penal Code section 667, subdivision (e)(2)(c)(iv). The important thing to know is...
Archived
After I sign for a deal sentenced are u able to take that back and go to preliminary hearing instead..!
Martin's answer
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Answered on July 14, 2018
What if you got a fantastic deal on a used car and the car dealer called you the day after you bought it and they said they wanted to take the car...
I hit my son’s father first, but he fought back in self defense and broke my ankle?
Martin's answer
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Answered on July 12, 2018
This is a tad confusing. Who is going to trial? You or your ex? This sounds like one of those cases where the man gets arrested, the woman says...
Archived
If someone says dont bring drama to me or drama can follow you home.? is that a threat that can get you arrested?
Martin's answer
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Answered on July 03, 2018
Sadly this is just normal behavior among young people in the modern world. If it were criminal, we would need several thousand more jails.
Archived
Why is the public defender saying my grandson can't do local jail time for possession of stolen property with a previous strike?
Martin's answer
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Answered on July 02, 2018
These charges (including the prior strike allegation) do not necessarily preclude a grant of probation. But there are many factors that could make...
Archived
What makes a gbi a serious or violent felony since the offense is listed on both lists?
Martin's answer
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Answered on June 25, 2018
To be a violent felony, the personal infliction of great bodily injury on a non-accomplice must be pled and proven as a special allegation under...
Archived
I am a 2 be striker and just got arrested for a misdemen or. 459.5pc I'm wondering if I should tell them abt my bipolar disorder
Martin's answer
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Answered on June 24, 2018
Unless you have a special kind of bipolar disorder that the judge and the prosecutor don't have, then I wouldn't bother bringing it up.
Can a 19yr old get probation on three pc211
second degree no gun robberies never been in trouble before?
Martin's answer
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Answered on June 24, 2018
Yes. Probation is possible, even after pleading guilty to three strike offenses. Mitigating factors such as youthfulness and lack of a prior...
Archived
My friend is charged with 15 counts of pc 530.5a any ideas how long he will get ?
Martin's answer
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Answered on June 19, 2018
Assuming the "PC 459" is a second degree (commercial) burglary and not a first degree (residential) burglary, your friend is not facing prison time...