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I want to get in front of a judge on an existing case for a misdemeanor. How fast can they see me to ask for a modification on my probation terms?
Generally in Alameda County you can "add" your case on with the clerk and within two court days be in front of a Judge.
It is generally a good idea to alert the DA that you are adding the matter on to calendar by calling and faxing them. This allows them to have their file, notes, and maybe even the DA who handled the case present to either agree, disagree, or remain silent as to your request. The Judge hears from both parties and then makes a decision based on how they understand and analyze your request. Good luck on your modification.See question
My daughter was a Jr at the time of incident. A sr came up to one of her friends and started yelling at him while him and my daughter were in a conversation. So my daughter said "excuse me, we were talking, you need to back off!" the girl then pus...
Having taught high school it would be inveitable that your child would be facing discipline at school, potential expulsion, and other ramifications. In my opinion, the best way to deal with this situation would be to eliminte the juvenile charges and then approach the school with the added facts and the added strength of position that the juvenile charges having been dismissed or dealt with in a positive manner.
It is important that whom ever represents your child put them in context and allow them to see who they really are and that this was a one time incident - right or wrong that occured.
Regardless, listen to the attorney who is present on your case Public Defender or otherwise.
Good luck!!See question
I have be sentenced to two days of work program. However when i reported to work program some of attendees only received one day because when they were arrested for there DUI's the time in jail counted as a day also. can i go back to the courts ...
Generally if you are taken into custody before midnight of day one and are released after midnight on day two you can ask and be given credit for two days of good time work credit. There are statutory limitations on getting "half-time" but most of the time you can get these credits depending on the jursidiction and the "mood" and "culture" of the court you are in.
Have your attorney add you on to calender to make the adjustment or ask them if this adjustment occurred and if not why.
Good luck!See question
One guy got some major charges, another guy got minor charges, and the other guy got a hung jury. What happens to the case now?
All defendants can be found guilty or innocent of the charges leveled against them. The jury is the trier of fact and decides as such.
The person with the hung jury will have to wait to see if the DA wants to retry the case. This will be based on how many jurors voted for guilt and innocence and the strength or weakness of the evidence against the defendant at trial, the seriousness of the allegations / case, etc.
I wish that person good luck.See question
how long does dui stay on public records, dmv and court records?
10 years priorability for both DMV and the Criminal Court. All recordings of the events will remain as convictions on your criminal record until changed to a dismissal - via 1203.4. For state professional licensing purposes 1203.4 expungements will remain "visible" to the board. Other rules apply and their are more details as to expunging and or what you must reprort for employment purposes.
Good LuckSee question
I didnt have anything to do with the crime. I was with him(and his friend) most of the day when he got arrested, the so called day of the crime as well. this was about 6 months ago and he has been in jail ever since fighting the case. He isn't gui...
Portions of the CIVIL code can protect you from the undue burden of on going family and criminal law litigation.
There is a lawful means that would allow you not to testify. Furthermore the 5th Amendment may apply as well.
Call a competent criminal attorney.
Steve WhitworthSee question
I was arrested Monday/Tuesday morning for defending myself using pepper spray. The police said it was illegal use of a gas canister. I was working security at the time at the building I manage and was hit in the mouth by this person trying to get ...
Sorry this happened. As stated you are likely responsible for the bond unless you have an agreement with your employer for coverage. Or, if your employer knew or should have known about danger and you were placed in danger or responsibly to defend. Likely a stretch.
However, based in facts you presented, and if proved true, you have a fantastic self defense case.
With appropriate time, research, and energy devoted to your case I would think it would resolve very favorably for you.
Hire an attorney.See question
HS 11364.1(a) HS 11370.1(a) HS 113777(a) PC 29800(a) 1.. He has prison priors wich were for gta and and possession. He was only out of custody for 5 weeks before he caught this case
Hello, I'm sorry that you are goin gthrough the above - you must be worried. Sacramento County will come in with a larger number as an initial settlement offer - they are generally very tough in sitautions like this. Assuming that the facts are bad for him such questions as has he attempted re-hab, are there factaors present in his life that are positive? It is important that your friend be put in the proper perspective and important questions asked.
If there is a defense then it would be important to find it now when the facts are fresh. Are there gorunds for a suppression motion? Often in drug cases there are. [Your frined was recently out of prison so he likely had search conditions.] Where the police officers involved dirty themselvs? Recently in San Francisco I was involved in a series of cases where the officers were so bad that all charges against many defendants [including mine] were thrown out because of the cops actions.
There are more options. Under the brief facts that you described it ishard to give any real advise as to the case. And, without giving false hope to his sitaution he should be dilligent in his defense.
It would be important for your friend to explore all his options and thus be able to make a great decision. One that will alter his life in a signinficant way because of the potentital time he is exposed to in State Prison.
Good luck with your sitautaion.See question
I have a public defender whom is new to the office and a recent bar graduate, with limited DUI defense knowledge. This attorney wants to put me on the stand, except, I feel I could incriminate myself. Besides, not wanting to point out specif...
DUI law, litigation, and trials are actually very complex beasts. If done properly a "simple" DUI trial can take upwards of 4-6 court days [or more depending on issues.]
Your right to not incriminate is absolute as is your right to take the stand. However, if you feel uncomfortable for any reason then it may be wiser to not take the stand and find an alternative means of defending yourself. There are many ways to skin a cat.
In my humble opinion, someone right out of law school has no way of being properly prepared to fully create a defense based on the science and or conditions under which the DUI event occurred. They cannot be prepared because they do not have requisite knowlege either experientially or from an information perspective.
Appealing after trial is usually an uphill battle if issues have not been properly preserved before the start of trial and during trial. Again, in my opinion, someone just out of law school would not be trial savvy enough to preserve issues prior to the start of trial and during trial - thus making your appeal moot.
Most private attorneys will take paymanet plans and you are entitled to a defense that allows you to be completely comfortable and thus receive effective assistance with your issue(s.) You would be surprised at how reasonably priced a thorough DUI defense can be, it may be more affordable than you think. Good luck.See question