How can a motion to remove a prior strike from my son's record allow him to be paroled after 3 strikes sentencing over 20 years?
Joseph's answer
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Answered on February 16, 2021
Sorry but you misunderstand the laws of sentencing. A defendant cannot remove a strike once they have been sentenced under the 3 strikes law. The...
Archived
Can a 23-year-old claim a child without having legal problems if the mother will be 17 when the baby is born?
Joseph's answer
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Answered on February 15, 2021
Same answer as before - No. A minor cannot have sex and an adult cannot rape a child and consent is not a defense. What is so hard to understand...
Archived
Can a 16 year old have a baby with a 23 year old?
Joseph's answer
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Answered on February 15, 2021
Absolutely. Minors cannot consent to sexual relations so your boyfriend is guilty of felony unlawful sexual intercourse with a minor. So consent...
Archived
What can I do if I was arrested and not read my Miranda rights
Joseph's answer
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Answered on February 14, 2021
Police are not required to give you Miranda warnings unless you are in custody. While police are investigating as to whether a crime has been...
Archived
Can I sue the police department for not getting me the right help?
Joseph's answer
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Answered on February 14, 2021
I agree with Mr. Doland 100%. Were you taking your medications? Did you do some illegal drugs and have a bad reaction? The police don't have the...
Archived
I was told I was going to be killed by gas station clerk?
Joseph's answer
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Answered on February 14, 2021
Not everything is a criminal act and frankly this does not sound like a criminal act to me. Probably having a bad day and just blowing off steam...
Archived
Can a family member "turn in" another family member for a sexual relationship he had with a minor 4-5 years ago?
Joseph's answer
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Answered on February 13, 2021
Of course anyone can file a police report and in this case it is definitely. warranted. Minors cannot have sexual relations and trying to slut...
Will I have to pay the bail if they re arrested my boyfriend after I bailed him out?
Joseph's answer
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Answered on February 13, 2021
Yes you do. The bail company fulfilled their contractual obligation by bailing him out. It's not the bail company's fault that you boyfriend got...
If you provided police surveillance video of a crime, but were not a witness, can the court subpoena you legally?
Joseph's answer
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Answered on February 12, 2021
If your mother has any concerns she should contact the DA. Most offices have a victim advocate office to help witnesses. We get this question...
In California, does the seven year conviction reporting period begin from disposition, or release/parole?
Joseph's answer
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Answered on February 12, 2021
There is NO 7 year reporting period. Where did you get that idea? The only thing even remotely close is that the government code provides that...