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Joseph Salvatore Farina

Joseph Farina’s Answers

1,867 total


  • What can I do to prevent jail for my husband. Do I have the ability to press the charges or not?

    My husband threw a bunch of food at me and spit in my face so I called the police. They took him to jail for a few hours then he bailed out. He will go to court soon and he is saying that he could get 6mo to 1 year in jail. I was wondering what I ...

    Joseph’s Answer

    Once you get the police involved, it is out of your hands. The police investigate and then give their report to the DA for prosecution.. You cannot "file charges" nor can you "drop charges". It is up to the DA and they make the decisions. Of course the DA wants a cooperative witness, so if you choose not to cooperate, they will have to decide whether to go forward with the case. But they do not need your cooperation to proceed. A lot of it will depend on your husband's criminal record, especially if he had prior DV arrests and/or convictions. Sounds like at a minimum, he needs anger management counseling. I mean seriously - who throws food in their wife's face and spits at them? Someone with anger issues, mental health issues or possibly both.

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  • When plea bargaining you would agree to one of the charges to receive a lessor sentence, correct?

    when plea bargaining you would agree to one of the charges to receive a lessor sentence, correct? So, when all charges are the same how does the rule of law apply? Do the sentencing rules apply the same as a proven guilty? or is there another se...

    Joseph’s Answer

    Penal Code Section 1203.066 prohibits a judge from granting a defendant probation in certain instances involving lewd acts with a child, including forcible child molestation, cases involving more than two victims, substantial conduct with a child and so forth. In some instances, a plea bargain can involve a plea to some counts and dismissal of others or the a lesser sentence than a defendant might be exposed to if they went to trial and lost and so on. Whether a defendant enter a plea before trial or is sentenced after trial, the same sentence applies. 1203.066 has nothing to do with trial, but simply imposes a sentencing restriction on a judge as to whether he can sentence a defendant to county jail and probation in certain sex instances.

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  • Am I legally allowed to carry a pellate handgun [not a real gun] on my belt while its concealed?

    I have been recently physically assaulted several days ago and I fear for my safety (See https://www.avvo.com/legal-answers/how-do-i-go-about-pressing-charges-for-assault-aga-2602946.html [Date accessed: 05-31-2016 @ 6:16 PM PST]). In addition, so...

    Joseph’s Answer

    I am always amazed when people ask really strange questions and expect us to say "Hey what a great idea". Trying to prove what a bad dude you are? Until a cop mistakes it for a real gun and shoots you. Unbelievable.......

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  • Remand rearrest my husband has already been on probation for 3 years and that's how much their offerings him

    He was a witness in a case in which he didn't testify so he got arrested and was posted to be released after two weeks he on probation so then the remand rearrest pops up he's been in jail since march and the da is offering him 3 years I'm not und...

    Joseph’s Answer

    Not enough information to give you a coherent answer. But it sounds like he violated his probation and was offered three years.

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  • Can my childrens father get a third strike with felony evading polce in a reckless manner

    He is on parole for a robbery that he got two strikes for. He evaded the police and did not harm anyone. Im trying to get clarification for my children to see what he may be facing. Can he get a third strike for this

    Joseph’s Answer

    Agree with Mr. Finnecy 100%. Duplicate question but same answer. Not all felonies trigger the three strikes law and .felony evading does not, unless he inflicts GBI or he has one of those super strikes on his record. Why not just talk to his attorney and they can explain what this all means?

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  • Can my childrens father get a third strike for felony evading police in a reckless manor

    He is on parole and was driving and was going to get pulled over so he ran. I am concerned that he can get a third strike because they are going to do a strike review and i dont know what that is. Can someone please help me understand what he may ...

    Joseph’s Answer

    Agree with Mr. Finnecy 100%. Not all felonies trigger the three strikes law and .felony evading does not, unless he inflicts GBI or he has one of those super strikes on his record.

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  • Dui Public Defender not efficient.

    I am set for a readiness and trial for a dui refusal but I need to fire my PD asap so I can file my motions to suppress and limine before my readiness. Do I need to wait til the readiness hearing to notify the judge about me wanting to represent m...

    Joseph’s Answer

    Always love it when defendants want to play attorney and represent themselves, You get to file motions which are usually meritless or their attorney wold have fined them already. Such as the always popular "he didn't read me my Miranda rights" which of course the cop is not required to do unless the defendant is in custody. Wonder what this defendant's legal training is - slim to none.

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  • How can I find a pro bono attorney for my son who has been incarcerated for 6 years? We have spent most of my retirement.

    My son was involved in a vehicle accident in which there was a fatality. His attorney had witness statements which could have exonerated him, but instead of sharing and using that information, the attorney lied to him and advised him to plead guil...

    Joseph’s Answer

    Sorry to hear about your son's case, but there is little that can be done now. Although pleading guilty at the arraignment only 8 days after the accident seems unusual, it sounds like your son has been through the process with appeal and petitions and whatever legal arguments he made have been rejected. No attorney would take this case pro bono as attorneys have bills and employees to pay and frankly, your son's doesn't sound any different than every other criminal defendant out there. Prior to your plea, you are asked by the court if you understand everything that is going on, if you have had enough time to talk to your attorney and if you have any questions. This just sounds like a case of buyers remorse. And you couldn't have paid the attorney very much if there was a plea at the arraignment.

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  • I steal to survivie can I be arrested

    I go into stores and don't pay for my purchases

    Joseph’s Answer

    Seriously? You really need an attorney to answer this question? Some people.....

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