I feel like my rights are being taken advantage of Buy my new parole agent because he wants to test me every Monday of every week of every month I feel like that I should only be tested once a month as required by state law
You do not get a choice in parole agents. If you do not like testing every week, I'm sure that the CDCR would not have a problem with you finishing your full sentence in custody. Parole is a courtesy, not a right and if you can't abide by the terms and conditions of parole, you can finish your prison sentence in custody.See question
Criminal case. After my brother first trial (hung jury), the news decided to publish the case stating that his case is being retried. He's found guilty after his second trial, I believe he received a unfair trial since his case were out on the new...
Ever hear of the US Constitution and the First Amendment? It is up to the defense attorneys to deal with any pre-trial publicity such as a motion for change of venue or rigorous jury selection. But what do you think newspapers do anyway?See question
How can you know the record of an attorney before you hire them, say a criminal defense attorney, you want to see how many cases similar to yours they won and lost
Simply ask them because there is no other way to find out this information. There is no directory or other system to keep track of wins and losses. If the attorney is unwilling to be forthright or if you get a bad feeling , go elsewhere/. But keep in mind that a win and loss record does not tell you how hard the attorney fights for his or her client, whether they handle relatively easy or difficult cases and what their reputation is among other attorneys.See question
A year ago I was arrested for a domestic violence and an assault. I'm completely innocent but was "fed" to the D.A. by my public defender. Another p.d. stood in for him one day and realized I was innocent and told the judge that there were some er...
It sounds like 6 months have passed since your plea. This is important since you can only withdraw your plea within 6 months so it sounds like it is too late to do that. Even if you could withdraw your plea it would be difficult if not impossible. The judge would have asked you if your p[lea was freely, voluntarily and intelligently entered into after having had enough time to speak to your attorney. You obviously did not speak up, so the judge will assume you have buyers remorse, which is never a grounds for withdrawing a plea. Everything you have said would have been known to your attorney assuming you told him or her, yet you entered a plea. Your statement that your PD "fed" you to the DA is nonsense. It is always easy to blame the attorney for your own mistakes.See question
The officer ran my name and it came back that I was on not only probation, but searchable probation he stated in a snide way. Pretty much in an intimidating sense. I told them that I was not actually on probation several times but they were not bu...
Do you have an attorney? If so, you should be asking him or her these questions. And stop posting information on this site. If you do not have an attorney then you need to hire one or have one appointed as soon as possible.See question
My boyfriend has 2 strikes and facing 3 residential charges but two of them he has nothing to do with and the one he does have part of is commercial not residential and they're trying to give him his 3rd strike
Mr. Dane has set forth the potential outcomes quite well. Without knowing all the facts however, all our answers are pure speculation. So do not post any information here, but I wonder why they would charge him with crimes he had nothing to do with, as you say? I suspect there is much more to this story and you are not getting all the facts.See question
My brother was charged with 2counts attempt murder and 2counts assault with a deadly weapon and was found guilty on all counts.He was found Not Guilty of being the shooter,but guilty of shooting at an occupied motor vehicle. He was one of 3 peopl...
Mr. Dane has spelled it out pretty clearly but realize we know nothing about his case including the facts set forth in the police report. Why not ask his attorney who would be in a better position to know these answers?See question
We don't want sexual relations or anything like that.
Dating is not illegal so long as their is no sexual contact whatsoever in any form, which means not only NO intercourse, but NO touching of intimate body parts, no heavy petting and so on. Keep two feet on the ground and you should be ok.See question
I have not been convicted yet. The DA offered me 60 days for all 3 charges with one being petty theft, under the influence of a controlled substance and possession of a controlled substance.
State licensing agencies, including the Board of Registered Nursing, are required by statute to make an assessment of the specific facts and circumstances underlying any criminal conviction that is alleged as unprofessional conduct. That requirement was intended by the legislature as a protection for the individual licensee as against the bureaucratic apparatus.
Be advised that the BRN may have already been notified of your arrest by the DOJ. You should expect that BRN will send you a letter stating that they will file an accusation alleging unprofessional conduct on your part. You will be asked to respond within a certain period of time. Whether or not a drug conviction will cause a revocation of your license is another story. The BRN would much prefer a stipulation to probation over a revocation. And in many instances the RN has no real choice but to accept license probation. But in every case, the RN should thoroughly explore the potential for not stipulating to license probation. License probation is an ordeal -- expensive, burdensome and dangerous. It often gets extended -- sometimes for years more than the original term. The terms are harsh and unnecessarily restrictive. Long-term and critical employment is often forfeited by the implementation of BRN probationary standards. The BRN typically requires abstinence from all use of alcohol and drugs during the probation period. It is critical that you hire an administrative or licensing law attorney who has dealt with the BRN and do this right away. If you hire a separate criminal defense attorney and decide to enter a plea, make it a plea of guilty rather than no-contest, as the BRN views a plea of no-contest as not taking responsibility for your actions. Good luck.See question
Defendant's current charges: PC 288a attach kidnap allegation and PC 269a for cold case 2007. He has prior strike from 1995 for firearm. DA plea offer: drop kidnapping allegation and PC 269a but PC 288a added twice (PC 288a: 8 years x 2 for prior...
Proposition 57 does NOT apply to violent offenses which includes 288(a). As an aside, if the DA's evidence is fairly strong, such as a confession, pre-text call or DNA and there is a SAFE or MDIC interview, I would recommend that my client take that offer in a second. Anytime you can avoid a life sentence you take the offer.
Unfortunately, many of my clients have rejected my advice and are doing life terms.