If I become emancipated, but I am still under 18, would statutory rape still be something I would have to worry about?
Gilberto's answer
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Answered on June 13, 2012
The general statutory rape laws in the California penal code are not affected by emancipation. The age of consent in California is 18 years old. If...
Archived
I fighting a ticket. I going to court next month for a traffic violation.
Gilberto's answer
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Answered on June 13, 2012
In most traffic courts, you have the right to take traffic school (provided you haven taken it within 18 months) up until trial is set. After...
Does a promise to appear in 2009 effect a Serna motion when defendant finally arrested in 2012 on the underlying misdemeanor?
Gilberto's answer
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Answered on June 12, 2012
The time issue on the Serna motion is tolled when the defendant was in flight from the underlying arrest and prosecution.
The idea behind this...
Archived
Deportation and duis
Gilberto's answer
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Answered on June 10, 2012
It sounds like you are well aware of the immigration consequences of the convictions. You really need to get an immigration attorney and have them...
Archived
Speedy trial grounds for dismissal?
Gilberto's answer
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Answered on June 09, 2012
One more tidbit might help you understand better. Speedy trial rights only start to run when you are arraigned in court Sacramento, like many other...
Archived
Does mother have to go to court to dispute,does mother have to tell who was driving if asked.can tey ticket me if matched by pho
Gilberto's answer
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Answered on June 09, 2012
It sounds like you are a minor who was driving your mother's vehicle, ran a red light and was caught by the camera. If this is true, and the...
Archived
How to apply for DNA Expungement (pc 299)? i was arrted on charge 288. But at the court my charge was dismissed.
Gilberto's answer
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Answered on June 08, 2012
You mentioned that the officer did not take our DNA seeing that it was a mistake to have it ordered. So, was your DNA ever taken?
In any case,...
Archived
Do I have to register as a sex offender if adjudication was withheld? Part of plea requires me to register if fl. Moving to CA.
Gilberto's answer
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Answered on June 08, 2012
Under Penal Code section 290, you are required to register as a sex offender in California for any out of state offense which, if committed in...
Archived
If i violated a TRO, will telling my lawyer the truth keep him from entering a 'not guilty' plea for me?
Gilberto's answer
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Answered on June 08, 2012
The lawyer cannot enter a plea to which you object. The plea is yours, not the lawyer's. While suborning perjury is a crime in California, a...
Archived
How can I get probation fee waived for the time I am not under probation?
Gilberto's answer
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Answered on June 07, 2012
Depending on the county you are in, you maybe be able to convert some or all of the fine into community service or some type of sheriff work...
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