Archived
Can you prosecute a defendant of a crime that has already been tried if you present new evidence without being double jeopardy?
Brian's answer
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Answered on October 12, 2013
Double jeopardy is double jeopardy. If he has been tried and found not guilty, he cannot be tried again for the same crime. Moreover, some of the...
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Archived
Process for early probation and expungement of hs 11359 with no priors
Brian's answer
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Answered on October 12, 2013
To get early termination, you must show good cause. This usually means that you must show a significant change in circumstances from those at the...
Archived
Overstayed her visa for 4 years, got arrested for forging checks (felony). Will she have to do jail or get deported?
Brian's answer
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Answered on October 12, 2013
She cannot be punished with jail or prison unless she is convicted. It sounds like she hasn't been, yet. You should not assume that she will be. ...
Archived
When sentencing me to state prison will the judge give me my earned credits in writing or are they calculated by somebody else?
Brian's answer
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Answered on October 12, 2013
Mr. Chambers is correct. If you are pleading in open court, everything will be recorded on the minute order for the sentencing hearing. Moreover,...
I posted bail for my son he got out at midnight went back to court 8 the very next morning and the da raised his bail and put
Brian's answer
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Answered on October 12, 2013
I agree with Mr. Chambers and Mr. Meister. You cannot get the bond premium back. But, you should speak to the bondsman about writing a new bond...
Archived
Why was a petty theft offense of 37 years ago, supposedly expunged after completion of summary probation, still detectable.
Brian's answer
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Answered on October 12, 2013
There are several possibilities:
Firstly, you say that you "were told" that the conviction had been expunged. Who told you that? It might be...
Archived
I had an incident of dv and kidnap recently in the los Angeles area?
Brian's answer
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Answered on October 10, 2013
Don't wait for what will happen next! Report this to the police and the D.A. Ask the D.A. for protection as both a victim and a potential...
Archived
Will a pardon allow me to get an airport clearance or should I seek other relief? I already have 1203.4, have been denied cleara
Brian's answer
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Answered on October 10, 2013
This question is a re-post. See my previous answer.
Sentencing for PC 417(a)(2)
Brian's answer
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Answered on October 10, 2013
The other attorneys are correct. Since you are yet to be sentenced, you must have an attorney. He is the one to address this question to.
Archived
What are the chances of striking a strike that is non violent to reduce prison sentence, after recent arrest and felony charges?
Brian's answer
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Answered on October 10, 2013
I agree with Mr. Loncar. If your spouse's current attorney isn't addressing these questions, get him a new one.
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