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Daniel Alexander Nicholson

Daniel Nicholson’s Answers

17 total

  • I was recently caught shoplifting $16 worth of stuff, and the ticket says misdemeanor. Can I get it changed to an infraction?

    I am hoping to ask for the change when I go to court....

    Daniel’s Answer

    You may also be granted diversion, pay a fee, attend a class (usually not in person, but via a video and workbook, which you complete and return); in that instance there is no conviction - much better than even an infraction. Most counties offer this to first-time offenders as soon as they walk into court. A best course of action would be to ask if there is a diversion program, or infraction offer, and if not - request time to hire a private attorney. I have never had a client who was refused the extra time to hire an attorney.

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  • I completed a drug diversion class and I want to know what to put on a job application?

    I was arrested in 2002 for being under the influence of a controled substance and was given the option of drug diversion instead of jail time. I completed the class and have had this dismissed from my record and it still shows on my court records....

    Daniel’s Answer

    • Selected as best answer

    Drug Diversion under Penal Code 1000 et seq allows you to answer that you have never been arrested for the crime committed except in response to questions for a state license. Expungement is not necessary. Even when a record is expunged, it shows on a RAP sheet. Only a determination of factual innocence removes the arrest from the RAP.

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  • Can my husband have a private atty for his bail reduction hearing only?

    My husband is incustody and obviously hard for him to fight his case with a public defender (not returning my calls, etc) behind bars. So my question is: can we hire an atty to assist with the bail hearing only? someone I can actually have contact...

    Daniel’s Answer

    Absolutely. Bail hearings require notice to the District Attorney, and the District Attorney is required to give notice to any alleged victim. The bail hearing is very important because you may only have one shot at it prior to a preliminary hearing. I have frequently been retained for bail hearings.

    Sometimes a bail hearing can result in an Own Recognizance release which will allow the defendant to be released without having to post bond. I had this happen on case last week where bail was set at $60K, we made a noticed bail motion and the Judge decided based upon all the factors presented that a release on O.R. was appropriate. Saved the client a lot of money.

    Best of luck to you and yours.

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  • When you use a bailbond comapany and sign as a third party, is the company required by law to notify the third party upon FTA?

    I bailed my son out of jail and he fail to appear for the extension court date he set. There was a letter sent to out joint PO BOX to only him but the enclosed information on the following pages were to us both. I legally don' t open his mail u...

    Daniel’s Answer

    You can revoke the bond prior to the FTA of the defendant. But not after. Notification of the co-signer regarding an FTA is usually done as a matter of course in trying to locate the Defendant.

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  • Is it true that the DMV must notify you 2 weeks prior to a court date about a suspended license?

    I got a ticket for minor in possession of fake I.D, i was 17 the I.D said i was 21. I am worried that my license will be suspended for it [ i have no tickets on my record though]. My court date is coming up but i was told by a juvenile detective t...

    Daniel’s Answer

    You should contact an attorney familiar with DMV and Juvenile matters. If you sustain a conviction, or petition (if as a juvenile), it is a consequence of the conviction that the license becomes suspended. DMV is not required to notify you prior to the suspension, they are only required to notify you THAT the suspension has occurred. In other words, you will receive a letter indicating that your privilege to drive is suspended based upon the conviction suffered.

    I suggest contacting an attorney who could seek alternatives for you that may preserve your privilege to drive.

    The standard disclaimer applies - This information not legal advice; no relationship or privilege is established. Best Regards.

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  • If the court issues a forfieture then reinstates a bond, does Ca Penal Code 1305 release indemnitor responsibility?

    Court Forfieted bond after defendant FTA. Indemniter instructed bond company to revoke bond. Now it appers to be reinstated but the bond company refuses to speak with indemnitor blocking calls and hanging up phone upon identification, but still ...

    Daniel’s Answer

    Once the bond is forfeited, it can only be reassumed in writing. If the Bail Company is demanding money, it is unlikely that the bond was reassumed. The fastest way to get out of owing money is to have the bailee turn hiim/her self in to custody. There are very strict time limitations with respect to bail in California.

    How long has the bailee been in forfeiture? Are you the co-signor on the bail? There are many questions that your post suggests. You may contact me for a consultation. I practice in Sacramento.

    Daniel A. Nicholson
    SBN 187755

    Note that this post is not legal advice and does not create any privilege or contract.

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  • Question for criminal attorneys

    Can someone explain to me the criminal court process for a felony charge? You have an arraignment then a preliminary then a trial? When does the DA offer a deal? What if you turn down the deal? Can you take it later or wait for something better? W...

    Daniel’s Answer

    There are no precise answers to your questions; however I'll give a quick overview of the SACRAMENTO process. Typically at the arraignment new dates are set and discovery is turned over. An offer will be made at the next court appearance. There is no set rule on which offer to take. Sometimes the first is the best, sometimes it's not. You need an experienced Criminal Defense Attorney to go over the individual facts of your case. In Sacramento, offers are typically revoked once you set for preliminary hearing. At that hearing the DA has to provide evidence to show that probable cause exists to believe a crime was committed and that you are the person who committed the crime. They may use police testimony only to prove this. They are not required to call actual witnesses.

    You may give me a call at your convenience. Please see my profile. Mine is a purely criminal defense practice, and I only take private clients.

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  • Can he file for an appeal?

    my husband signed for a deal of 5 yrs and 1 strike rather than going to trial and i wanted to know if he can file for an appeal and what that is? would that get him less time?

    Daniel’s Answer

    It is typical in California that post-plea, one may only challenge sentencing errors. Many counties require an explicit waiver of appellate rights at the time of the plea. Unless there was an affirmative misrepresentation by the attorney regarding the plea, withdrawals of pleas are difficult.

    In my experience, where one pleads to a strike felony for a term of years, it is in order to avoid the substantial increase in penalties that may occur after a trial.

    That being said, you should find a local attorney who can review the file for your husband.

    Often times the spouse is not clearly apprised of the exact state of affairs with respect to the reasons behind a plea agreement. There may be much that you don't know.

    Best Regards.

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  • Do I need to be present if I accept a plea offer?

    I have misdemeanor charges filed against me and my lawyer has always represented me so I have never had to go to court. I have decide to take a plea offer instead of going to trial, do I need to be present at court or can my lawyer act upon my ha...

    Daniel’s Answer

    Unless it is a domestic violence case, your attorney can present you plea via forms you execute outside of court. Victims have an absolute right to be present and make a statement at sentencing.

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  • What forms do I need to lift my informal probation? And how do I fill them out?

    I had gotten a DUI last year and got informal probation for 3 years. I'm trying to get into the armed forces but the probation is keeping me from joining.

    Daniel’s Answer

    You will need a 1203.3 and 1203.4 form, however the court in Sacramento is putting these motions out 6 months (!)

    You may want to contact an attorney who could contact the DA and see if there's a way to shorten the time. Also, for military purposes, there can't be any mention on the record of the fact that this early termination is to facilitate joining the military.

    Uphill battle. And, there's a fee of about $140 or so just for the privilege of filing the motion.

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