My son was charged with PC 487(B)(3) and PC 504. The lawyer we hired then has retired. How can we remove this?
Joseph's answer
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Answered on February 20, 2015
This may seem obvious, but you'll need to hire another attorney to sort this out. And you can discuss 1203.4 motion to have the charges dismissed.
Public defender failed to file motion to negate guilt, grounds for dismissal?
Joseph's answer
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Answered on February 18, 2015
There is no such motion to "negate guilt". Don't know where you heard that term. And certainly not a grounds to dismiss your case. It sounds like...
Archived
We have a criminal case against an employee however the DA rejected us. Now what direction can we go? Civil or. small claims?
Joseph's answer
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Answered on February 17, 2015
File in small claims where the limit is $7,500.00.
Archived
I was arrested jan 27th police said they found trace of meth in back seat of my van. i have high blood pressure and bad heart
Joseph's answer
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Answered on February 17, 2015
A trace of meth? How much is a trace? If it was just a miniscule amount and is not a usable quantity, the DA may not file any charges at all. ...
Archived
Is it possible for a DA to reduce a 288(a) charge after probation?
Joseph's answer
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Answered on February 17, 2015
Mr. Gross pretty much laid it out. A 288(a) itself cannot be reduced to a misdemeanor because it can only be a felony by law. There is no such...
Archived
My son was in a car accident with a second dui. he was driving my vehicle and he is 21yrs. will i be liable of lawsuits done ?
Joseph's answer
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Answered on February 17, 2015
This is definitely a personal injury question, but I can tell you from when I handled personal injury cases years ago that auto insurance will not...
Archived
Criminal case withdrawal after sentencing?
Joseph's answer
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Answered on February 17, 2015
As a general rule, motions to withdraw pleas are notoriously difficult to win. That is because when a judge to take a plea, they ask the defendant...
I wasn't mirandized when i was arrested for a dui, can I get my case thrown out?
Joseph's answer
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Answered on February 16, 2015
As a general rule, you only get your Miranda rights read if you are in custody. For example, being stopped for suspicion of DUI and being asked...
Archived
How common are convictions for DUI 23152(e)? Seems like the court system is designed to make fighting charges almost impossible.
Joseph's answer
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Answered on February 15, 2015
Yes the DA has to prove the defendant was driving under the influence. Obviously it becomes a more difficult case for the prosecution to prove if...
Archived
Can any judge sign a search warrant on your home?
Joseph's answer
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Answered on February 15, 2015
Probably not. Small counties like Del Norte don't have all that many judges and usually the judge was a local attorney before they were appointed...