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Kresta Nora Daly
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Kresta Daly’s Answers

324 total


  • How much time will he do

    My husband was just sentenced to 5 year's he got 240 days credit but not sure if he has to do 60% 66% or 80%

    Kresta’s Answer

    What percentage of the time he has to do depends on what he was convicted of and any prior convictions. Generally speaking violent felonies only get 15% credit. Serious felonies get 20% credit. What is a violent felony or a serious felony is defined by statute. If its a serious felony he can get 50% credit for the time he did in local custody prior to being sentenced to state prison.

    You also need to know if the 240 days credit are straight time or actual time in order to calculate the answer. Calculating credits is hard, your husbands lawyer should have all this information and be able to give you a reasonably good estimate.

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  • DROP FELONY TO MISDEMEANOR NOT A WOBBLER Please help

    I am on probation I have probation for 3 years I'm going on 2 years no other trouble I was arrested for possession/sales of explosives which were fireworks I now have a felony it was not a wobbler but is their any way I can ask court to drop it to...

    Kresta’s Answer

    If it is not a wobbler there is no way for the court to drop it to a misdemeanor. A court might be able to dismiss it - you should contact a local attorney for advice on whether or not that is possible.

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  • What will happen to me if i get sent to Juvenile hall??

    im 15 years old and a girl... adults say im pretty enough to model and a lot of agencies want me. i get tons of hate at school. i personally think im ugly. My dad says that if i end up going to Juvenile hall that the girls will rip me up and every...

    Kresta’s Answer

    Be very careful about what you post on websites.... Prosecutors know how to look at this stuff too.

    Do you have a court date? A lawyer? Your lawyer would be the best person to answer these questions and any other questions you have about the process. Generally speaking if you don't have a record it's prettly unlikely you will end up in Juvenile Hall but its impossible to say for sure without knowing more about your case. [And don't post those details on line.]

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  • What do we do? Do we pay it? if we do, can they still come back later and decide to file criminal charges?

    My daughter was working for a small retailer and stole an ear piercing gun and about $20 worth of merchandise. She felt guilty and returned the items the next day, apologized, and offered to pay for them. They said that they couldn't accept paymen...

    Kresta’s Answer

    Don't pay it. Ignore the letter. You're best off to find a lawyer in your area to give your daughter advice.

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  • Are they allowed to be telling me all these things ? Like I'm comitting a felony by not telling then the cars where abouts.

    Today I received a call from trading financial company . A loan place where my husband borrowed money on his corvette. An investagator was basically telling me that if I don't fix this soon that they are going to file a replidn demand. And that ...

    Kresta’s Answer

    Penal Code section 154 involves a fraudulent conveyance by a debtor - basically trying to unlawfully avoid paying a debt by fraudulently transferring the property.

    If someone is calling you or your husband about this the best advice is to hire a lawyer - don't try to deal with this on your own.

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  • What would happen to this person if I turned them in for IRS fraud and can I get a reward for doing it?

    I found out that someone filled me as a disabled dependent on there taxes. I do not depend on this person at all and I am not and have never been disabled. I do not live with this person nor does this person ever help me out .

    Kresta’s Answer

    You can get a reward from the IRS from turning them in. What would happen to the person would depend. They could be criminally prosecuted.... you need to think about what you really want to happen to them.

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  • How do I go about this situation? Are companies obligated to have loss insurance?

    My car was stolen while I was at work. I parked on on site where there's securities patrolling the parking lot and cameras. It's been a few days since the incident and they have not update me on any footage. I asked the general manager if the comp...

    Kresta’s Answer

    This question is in the wrong category. You might talk with an employment lawyer who could tell you what kind of insurance employers are required to carry.

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  • What do the border agencies check for when you come back into the united states will they be able to see that i am on probation?

    I am on probation i have a restrictions against leaving the country because it is formal but i cannot connect to my PO and im leaving today for mexico coming back in 2 days without permission I am an American US citizen

    Kresta’s Answer

    This is a really, really bad idea. There is a substantial likelihood you will be arrested at the border and your probation could be violated.

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  • How do I get extra time to turn my self in

    How do I get extra time when I have a turn in date I have a medical issue that I can't go in to jail till its better

    Kresta’s Answer

    You need to contact your lawyer and have them put the case back on calendar.

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  • If a Megan's List Sex Offender At My Church Harms A Child At My Unincorporated, Non-Denominational Church Who Can Be Sued?

    My non-denominational CA church, a new church of some 8+ years, is an unincorporated church. The pastors/elders made a decision to bring their friend, a Megan's List sex offender, to church, give him membership, and place him in leadership positio...

    Kresta’s Answer

    This isn't really a criminal defense question - its a civil issue. But you have identified the issue, is the church on notice that the individual is dangerous? Maybe. Plaintiff's lawyers generally sue everyone who might be responsible and work through the legal process to determine who is/are responsible. In other words there's a long list of people who could be sued, whether or not they would be found responsible is another issue. You really should talk with a civil lawyer about this to get advice.

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