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Joseph Salvatore Farina

Joseph Farina’s Answers

1,867 total


  • How can a judge let out a person who has done statutory rape on a 15yr.?

    I had reported to authority that a teen either 14 or 16 of age was having a relation with a adult in the mid 30s there was sexting as well as photos and why would a judge let the adult go even if the minor had no shame but told everything on what...

    Joseph’s Answer

    Like Mr. Finnecy wondered, why are you interested and why is it any of your business?

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  • Does my employer have to pay for my criminal lawyer?

    I'm a bouncer and I might be charged for assault for an incident that happened while I was at work. Does my employer have to pay the legal fees for a criminal lawyer, or am I on the hook for that?

    Joseph’s Answer

    Absolutely not. I once represented a bouncer who had two criminal cases stemming from his work as a bouncer at a strip club, including an assault and a separate assault and torture case. Employer did not pay a dime so the client had to get court appointed counsel. Luckily for him, both cases were dismissed when the "victims" did not cooperate with police.

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  • Looking for a criminal defense attorney with free evaluation /no fees till we win

    Looking for a very skilled criminal defense attorney who would agree to provide a free evaluation of the case and no fees unless we win. Its double, but you have to be very smart. Would need to go an extra mile to get there. A misdemeanor convicti...

    Joseph’s Answer

    Yeah we'll get on that right away. Skilled attorney to work FREE OF CHARGE for your "winning" case. I'll give you this much - you got lots of chutzpah. Let us know when you find that skilled attorney but I won't hold my breath.

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  • How can a first time offender get the maximum gun enhancment per pc12022.5(10year) with out going to trial for pc245(a)1?

    My cousin took a plea deal of 13 years on a pc245 (a) 1 . A 10 gun enhancement which was the maximum for that pc12022.5 (a)?

    Joseph’s Answer

    Your post is confusing. A 245(a)(1) is an assault with a deadly weapon other than a gun so a gun enhancement cannot be charged. A 245(a)(2) is an assault with a gun, so a gun enhancement cannot be added since the charge includes use of a gun. But more importantly, the fact some one is a first timer has no bearing on getting a gun enhancement added to the original charge. For example, a robbery can happen without a gun, but if a gun is used then it adds 10 years.

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  • What is the difference between a case dismissed, and a case expunged?

    In 2008, I was charged with a misdemeanor petty theft, and was taken down to the police station for fingerprints. On the court date, I pled guilty to the charge, and was given the option to take a theft course (which I completed successful). Three...

    Joseph’s Answer

    In California, there is no such as an expungement which would be a sealing and/or destruction or records. You can get charges dismissed pursuant to PC 1203.4, which is simply a notation to your records showing the guilty plea was withdrawn, a not guilty plea entered and the case dismissed. But it is still a public record and can be seen by any member of the public. Many attorney mistakenly call a 1203.4 dismissal an expungement which is incorrect if the client thinks the record is going to be sealed from public view. The client finds out that the record is not sealed and then you have one very unhappy client. As my friend Jay Finnecy has said, it is like putting a red arrow on your file and saying just ignore this.

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  • Can an alleged "suspect" get copy of transcripts of 911 call and everything that was said after police arrived at scene ?

    I was wrongly arrested in a DV case in California. No charges were filed. Now, I want a copy of the 911 call transcripts and ESPECIALLY of everything that was said to the police at the scene by both parties involved (for a legal action). Can I...

    Joseph’s Answer

    Mr. Finnecy is correct. If no criminal charges are filed, neither you or an attorney are going to get any discovery, unless you file a civil suit for wrongful arrest and then it would be part of the civil discovery process. Other than idle curiosity, why do you need this items? If you are not being charged, why do you care?

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  • When disclosing to the Department of Real Estate all Criminal Convictions when applying, how descriptive do you have to be?

    I was charged and plead guilty to "Disturbing the Peace" in 2015. I have paid my fines, complied with probation (ends November 1, 2016) ... My question is, is the DRE going to ask what "Disturbing the Peace" entailed? Or will they just look at t...

    Joseph’s Answer

    You should be consulting with an attorney who handles adminstrative law and has practiced before the DRE. But saying things like how deceptive you should be with a government licensing agency is not particularly good attitude.

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  • How does expectation of privacy (reasonable right to privacy) impact probable cause?

    Does an individual have a right to privacy in their home, against a warrantless search based on the claim of probable cause? (And specifically probable cause that would not have been sufficient in obtaining a warrant)

    Joseph’s Answer

    The law on search and seizure is so complicated that it could and does fill volumes of books. That being said, a person has an legitimate expectation of privacy in their home. The police cannot enter a home, except in certain very limited circumstances, without consent or a search warrant. And the search warrant has to be very specific in terms of what the police are looking for and where they expect to find it. However, many of these cases are very fact specific and every case has to be examined on its own merits.

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  • Can I plead the fifth if I don't want to testify?

    I was working as a security guard at a bar ,but I'm not a real security guard just a neighborhood guy trying to make extra money. I was drinking and doing drugs and fight broke and a shot ring out I didn't see who shot but I heard somebody say th...

    Joseph’s Answer

    From what you have written, I do not see a 5th Amendment issue, so yes you have to testify if subpoenaed. If you refuse without a legal reason, the judge can hold you in con tempt and fine you and or lock you up.

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