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Joseph Salvatore Farina

Joseph Farina’s Answers

1,903 total


  • How can I beat an attempted first degree burglary charge .

    I am being accused of attempted first-degree burglary charge because someone said that I tried to break in her house trough the window and they saw me outside but I wasn't there at that time and she waited one hour and nine minutes to call the police

    Joseph’s Answer

    Well....... if you weren't there, you had to be somewhere...... so, try to remember where you were and when you have a PD or court appointed attorney assigned to you, tell them and they can have their investigator interview witnesses. There is nothing magical about your case or any other ID case. Eyewitnesses can be and sometimes are mistaken about their identifications, especially if it someone they have never seen before or if it is cross racial identification. Good luck.

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  • Could this tactic work in representing yourself in a felony criminal trial?

    If a person were being prosecuted for a serious felony and declined to be represented by a lawyer, and instead insisted he represent himself, would his incompetence be a useful tool in getting himself acquitted? Let's say he kept messing up reall...

    Joseph’s Answer

    I vote this the lamest question of the weekend. After the court figured out you were screwing around, they would go ahead and appoint an attorney to represent you because they would realize you were just trying to delay things. If you managed to avoid having an attorney appointed, you would have been told that you representing yourself was foolish and that screwing things up is not grounds of an appeal based on incompetence. I am hoping this is some idiotic hypothetical and not a real life situation, although you would get just what you deserved if you took this course of action.

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  • What is the Statute of Limitations for Vehicular Manslaughter in Fairfield, CA?

    Over a year ago, my son accidentally hit a man who died from his injuries several days later. From several eyewitness testimonies the poor man just walked in front of the car. Now my son just gets a phone call TODAY that they (the DA) is filing ch...

    Joseph’s Answer

    Statute of limitations for felony vehicular manslaughter is 3 years and 1 year for a misdemeanor. If your son was under 21, the legal limit is 0%, since 21 is the legal age for drinking. But if he had his family in the car, I'm hoping he was over 21, although having any alcohol in his system would be an issue at trial. If you can afford it, I would consult with several local attorneys who practice in Fairfield and see what their experience and legal fees are. Good luck to you and your son. Ignore the junk mail you will receive from high priced out of town attorneys who normally charge exorbitant fees and then farm the case off to a less experienced attorney.

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  • 2 defendants on the same case, with identical charges. What would warrant separate trials on different dates. Burglary 1st deg

    Trial to began soon.

    Joseph’s Answer

    Hard to say without more information, but maybe they gave statements implicating each other and the DA wishes to use both statements, although most DA's would choose to pick separate juries and keep the Defendants together. I once had a DA split off one murder defendant from the other three because he wanted to test his theory against one Defendant before trying the other three for murder. Maybe the DA's case is stronger against one Defendant than the other.

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  • What can I do if my boyfriend is 24 and I'm 16 going to be 17 in a few months.

    My mom was okay with us dating in the being now she is acting weird saying because of him I'm not going to.school and she gets mad and says we are lucky she doesn't call the cops if the cops do ever get involved can he get in trouble?

    Joseph’s Answer

    Sorry but your boyfriend is setting himself for a lot of problems. The age difference alone makes me wonder about your boyfriend's maturity but aside from that, if you stopped going to school because of him, he could be charged with contributing to the delinquency of a minor. If sex is involved, throw in felony statutory rape and sex registration. While it's cool to have an older boyfriend, your mother could make a lot of problems for him that could seriously impact his future.

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  • Is there a statute of limitations on ineffective assistance of counsel when seeking to overturn plea agreement?

    My attorney convinced me not to go to trial and instead accept a plea bargain that would only require probation. He said that I could then get the charges expunged and the licensing board would never be able to sanction my license. It turned out n...

    Joseph’s Answer

    Mr. Dane raises some excellent points. This is not a do it yourself project. There is so much information you have left out that no attorney can give you a coherent answer. But since this is a public site DO NOT post any details of your case. Instead, hire a criminal defense attorney to review your case and give you an opinion. It should not cost that much if you do some of the work yourself and get your file together. You can ask your former attorney for your file. Good luck.

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  • Is a criminal defense attorney required to disclose a co-defendant's plea bargain to their client?

    If a co-defendant "snitches" on your client in the same case, aren't you required to disclose this information to your client? Even if it involves that co-defendant "snitching" on a completely different case, but in the same plea agreement, shoul...

    Joseph’s Answer

    Mr. Dinakar is correct. An attorney owes a duty of loyalty and candor with his client, which includes informing him or her of all developments that could impact their case. The fact that a co-Defendant is prepared to testify against the other Defendant must be disclosed so the client can make an informed decision as to their case. The fact the co-Defendant's statement led to the finding of DNA is not significant and does not change anything. As for the co-Defendant "snitching", I suppose that is of the dangers of committing a crime with someone else. As the old saying goes: "There is no honor among thieves".

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  • I'm am preparing to take my nursing board in the state of CA will a DUI prevent me from taking my test and getting my license?

    I got pulled dover on 8/12/16 for not having mud mats on the back tires. They did I sobriety test and my alcohol level was .08 I was planning on taking my nursing test on 9/1 will I no longer be able to obtain this license If I have a DUI on m...

    Joseph’s Answer

    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. With this requirement, state licensing agencies cannot draw bright lines that function to automatically cause specific consequences, such as a rule that a blood alcohol above a certain reading will cause a forfeiture of the license.

    However, even though state licensing agencies claim to be system knowledgeable about the plea bargaining process that is typical of criminal courts, this is not true. These self-regarding claims cannot withstand scrutiny, but state agencies don't come in for much scrutiny, so the fiction goes on and on.

    On the other hand and perhaps more constructively, many of the factual considerations that would cause the criminal court prosecutor to reduce DUI charges to a wet reckless will inevitably have power in negotiations with a state licensing agency. Bottom line: yes, you can take the nursing examination but you must disclose this conviction to the BRN and you should expect that BRN to give you a good deal of grief in that they will find that a wet reckless conviction and the DUI facts underlying it constitute unprofessional conduct. So they may deny you a license.

    So what should you do? A first-time wet reckless reduction will not often cause a revocation of a license but getting the license in the first place is another story. If you should get your license, the BRN may want to put you on some kind of license probation. 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. BRN typically requires abstinence from all use of alcohol and I have had a number of cases where two of beers on a weekend were the basis for a probation revocation action.

    So here are two things to remember - find an good DUI attorney who may be able to get the charges reduced to a wet reckless or maybe even a dry reckless. If you do enter a plea, enter a guilty plea instead of a no-contest plea because the BRN will see a no-contest plea as not accepting responsibility for your conduct.

    Second, hire a lawyer who practices administrative law and has appeared before the BRN. Do so before you are contacted by the BRN. The lawyer can help you draft a statement which the BRN will want about the facts and circumstances of your arrest and plea. Do not do this yourself as this could be critical in determining whether or not you get a license and whether you have to accept probation. Good luck.

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  • How do I get a strike off my adult record ?

    I'm 18 and I got charged as an adult when I was 17 I did a county year n Juvenal hall and took a joint suspension of 5 years . i need help because it is messing with my career options and I feel like it wasn't right for me to get a strike especial...

    Joseph’s Answer

    As a general rule strikes cannot be taken off of your record. Otherwise the strike law would be useless. However since you were a juvenile it depends on the nature of the strike, but you would need to hire a criminal defense attorney who could do the necessary research and let you know for sure.

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  • Is a cop allowed to point/aim a gun at a child?

    My brother robbed a bank. They were looking for him and my vehicle. Me and my husband and daughter, 8 years old, picked him up to give him a ride and a police officer spotted him in my car so he pulled us over. Within minutes there was 5 or more p...

    Joseph’s Answer

    Your brother robbed a bank you then gave him a ride with your eight year old daughter in the car and your worried because the cop conducted a felony traffic stop? You are kidding right? What you should be worrying about is whether the DA will file charges against you as an accompolice or an aider and abettor and whether CPS will become involved. Your daughter will be just fine. Talk about mixed up priorities.

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