Archived
Is 15 years a typical or fair sentence for 2nd degree robbery with a gang enhancement in Orange County, CA?
Tai's answer
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Answered on March 19, 2012
Your nephew was facing LOTS of prison time. In some circumstances the gang enhancement carries life in prison - for example a home robbery or car...
Archived
Does an adult conviction of 415(2) disturbing the peace as a misdemeanor prevent an adult from sealing their juvenile record?
Tai's answer
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Answered on March 19, 2012
Since a 415 is a wobblette I'd suggest asking the court to reduce the 415 to an infraction before you ask for it to be dismissed under 1203.4. I...
Archived
The d.a. says i signed a 2 yr joint but i was never sentenced by the judge in court for it.
Tai's answer
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Answered on March 19, 2012
There is not a question asked. For what it is worth you need to have your plea transcript and sentencing transcript from the felony to review. Also...
Archived
Can the prosecutor "refile" a probation revocation on the exact same matter after the judge has already previously dismissed it?
Tai's answer
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Answered on March 19, 2012
It seems bad to me too. I think if the issues were already litigation and then the judge dismissed it, your attorney should investigate what the...
Archived
The prosecutor and FBI broke a proffer statement. Will there be repercussions if we write to the governor?
Tai's answer
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Answered on March 19, 2012
Proffer statements are by the defendant. In is done in order to get a lighter sentence or for immunity. It is done in anticipation of those two...
Can you plead the 5th in civil court on questions I don't want to answer?
Tai's answer
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Answered on March 19, 2012
You can't plead the fifth. In a deposition setting the best you can do is put the objection on the record but since there is no judge present to...
Archived
I'm pleading guilty on petty theft with prior, but should i request a public defender to help lower the punishment?
Tai's answer
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Answered on March 18, 2012
This is interesting. You have a prior and your new theft is for 1500 dollars. You are skating on thin ice as this could easily be charged as a...
Archived
Can the DA prosecute a DUI as a second when your first was from an arrest was 1997, but conviction was 2002?
Tai's answer
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Answered on March 18, 2012
The DA and the judge are wrong. If they were correct all you would have to do drag out your case until after the 10 years since the conviction. I'm...
Archived
What does it mean soliciting a minor?
Tai's answer
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Answered on March 18, 2012
It could be seen as soliciting a minor. It depends on the rest of the circumstances. This person absolutely needs a lawyer.
Archived
I need help with my friend murder case
Tai's answer
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Answered on March 18, 2012
You need to contact http://www.innocenceproject.org/
The innocence project has helped free about 300 people in your friend's situation. When new...