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Joseph Salvatore Farina

Joseph Farina’s Answers

1,867 total


  • Domestic violence

    My brother is incarcerated for domestic violence last night. His wife accused him of physical abuse and threatening. He has a hearing on the July 5th. I tried to bail bond him now. But the county has said that he is at no bail right now. This make...

    Joseph’s Answer

    I suspect Mr. Dane is correct, but maybe your brother has a criminal record you don't know about. For example, if he were on probation and a violation of probation were filed, he is not entitled to bail on the VOP. Either way, why not spend the money on a good criminal defense attorney who may be able to help your brother rather than a public defender who he will end up with if he bails out and has no money to hire an attorney?

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  • My husbands ex and sons biological mother will not allow my husband to have an input or know the information of sons attorney

    My 8 yr old daughter was raped by step brother who is 17. He is being tried as an adult. His father and i are married. "D" the step son's mother is now trying to keep my husband out of all legal matters. Saying it is a conflict of interest. We kee...

    Joseph’s Answer

    Your husband is in an impossible position. His biological son is accused of raping his stepsister. Yikes! I handle sex cases almost exclusively so if I were the son's attorney, I would limit contact with his father since his daughter is the victim. I suspect that you and your husband are probably prosecution witnesses. However, I would be willing to talk to your of your husband but only with an investigator present and would not discuss the case. Since the father has not had his parental rights terminated, he still has the rights of biological parent and the biological mother CANNOT prevent the attorney from talking to the father since the son, not the mother, is the client. Not sure it is a conflict of interest but best for your husband not to communicate with you son until this plays out because the DA could use that any information your husband gets from his son in their case against the son. Good luck to your family - you will need it

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  • Can a sex offender on state parole have his GPS removed by submitting a petition to the court.

    I am a registered sex offender and I am on state parole. I have to wear a GPS monitor and would like to know if it is possible to ask the court to have it removed since those on probation who are also registered sex offenders do not have to wear G...

    Joseph’s Answer

    No. The judge cannot order the GPS device removed. Only those on formal probation are not required to wear a GPS tracking device, but everyone who goes to state prison has to wear a GPS device, whether they are a high risk sex offender or not. Got that information from a parole officer who told me he spent have his time chasing his parolees around to change the battery in the device.

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  • What happens if I get denied a second time for a car sales license in CA

    I was denied my temporary sales license back in 2013 because I had an open case for embezzlement it was later reduced to a petty theft. I appealed it was denied for one year before applying again. What happens if I apply one more time and get denied!

    Joseph’s Answer

    No one can predict with certainty the DMV's position in regards to any specific license application. Like all other State licensing agencies, DMV operates with far less than perfect consistency and predictability. But these general principles and facts are likely to affect your situation here:

    It is difficult to obtain any California State professional/occupational license while still on probation. It is even more It is difficult to obtain any California State professional/occupational license with a significant criminal record of theft offenses. By statute, DMV and other State occupational licensing agencies are required to make an individual determination as to each license application based on all of the relevant matter, including the facts and circumstances underlying the criminal offense and factors of mitigation and rehabilitation.

    If your have an employer that has offered you a position and they are supportive and the facts are otherwise very strong for the applicant, it is not impossible to obtain the license with the facts as you describe. But, without question, your application will be far stronger and far more likely to succeed after criminal court probation has been successfully completed, after obtaining P C 1203.4 relief and after there has been sufficient time passed to allow for a meaningful demonstration of post-conviction rehabilitation. Remember that you may ask the criminal court to terminate your probation early, upon completing the halfway mark and to issue an order of dismissal of your conviction pursuant to 1203.4. That relief can make a significant difference in the strength of your license application.

    If you apply and are denied, there is a minimum period of time before you are eligible to re-apply. You may want to discuss with an attorney who practices administrative law as to whether a second application in your case has enough potential for success once you are eligible to re-apply.

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  • When or is it possible for a judge in a Domestic Violence hearing to DEMAND that I have a lawyer?

    The judge is trying to state that I MUST have a lawyer.....I know this is total Bullshit due to the fact that I have represented myself twice and I am not numb to the judicial system. She does not want someone with a Masters degree to debate her s...

    Joseph’s Answer

    The judge is wrong as you already know. Under the Faretta case, you have the absolute right to represent yourself except under very limited circumstances. Assuming those circumstances doe not apply in your case and your right to represent yourself is denied, you have a ready made issue on appeal. In fact, you could file a writ of mandate with the appellate court and the judge's ruling would be reversed. The only question I have from your query is whether you were rude or argumentative with the judge, which would be a reason for her to cut you off and not listen to you. Masters degree or not, you still have to be polite to the court and not cop an attitude.

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  • Have my right been violated? I'm scared for my life!

    A few years ago I submitted an anonymous tip that helped catch a shooter, he was convicted and sent to life in prison. I never gave my info and detectives told me I had nothing to worry about, It was completely anonymous. now I'm getting calls and...

    Joseph’s Answer

    Contact the detective you talked to and let him know what happened. Unfortunately, nothing remains anonymous forever. Did you testify at his trial? If so, then the defendant knows who you are and finding out personal information about someone is not that difficult these days with the internet. If it becomes more serious, you could consider a restraining order but of course you need the name of the person threatening you if that is what is happening. Good luck.

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  • I am in a relationship with at 17 year old boy and i am currently 13 is this illegal in California?

    We are both minors and we don't do anything sexual we just hug and hold hands that's all.

    Joseph’s Answer

    Sorry but you and your "boyfriend" are playing with fire. Even if you "just hug and hold hands" some suspicious cop or parent will see the two of you and then your boyfriend will be in trouble. He could be charged with annoying or molesting a child, which does not require any sexual contact whatsoever. While I recognize some girls mature quicker than some boys, I truly don't see what a 13 year old and a 17 year old have in common. The 4 year difference might as well be 10 years. Where are both your parents? And to think that there will be no sexual contact simply ignores the biological fact that teenagers hormones are usually impossible to control. But the consequences for your boyfriend are going to be much more severe than they would be for you. End this relationship now or your boyfriend will pay the penalty.

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  • What can u do when ur sons pd isnt doing anything to help can u get a regular attorney funded by the state

    Need to know if a case is severe enough and ur pd isnt helping much can u get a state funded attorney. 2Nd degree murder vehicular manslaughter and about 8 other felonies

    Joseph’s Answer

    Sorry but his state funded attorney is the PD. If your son thinks attorney is not doing enough, he can always bring a Mardsen motion and explain to the court what the problems seems to be. But most Marsden motions are denied because the attorney is in fact doing his or her job. The severity of the case has nothing to do with it and in fact, many PD's have a vast amount of experience. Most PD offices have a special unit that handles murder cases exclusively. Unless you are an attorney and know criminal law, I don't see where you have grounds to say he or she isn't doing anything. You have no idea about the rules of evidence as to what may or may not be admissible, hearsay or just plain irrelevant. Have you even asked to speak to your son's attorney? Better to work with them rather than fight them.

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  • What will happen ?

    okay I'm 16 and my baby father is 22 years old and they made a report cause of age so if I'm not trying to be a victim and I'm not pressing charges on my baby father because he didn't force or make me to sleep with him so will they drop the case o...

    Joseph’s Answer

    Who is "they" made a report? Parents? Cops? CPS? If the police have been contacted and sent a report sent to the DA, nothing is getting dropped. Your boyfriend is facing felony charges and sex registration. If the age difference is more than 3 years, it can be charged as a felony. And most importantly, minors cannot consent to sex in California. So if charges have been filed, your boyfriend will need the services of the public defender. Good luck.

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