I had a pretrial hearing that myself and cop missed. For the first couple of hearings it says in my file "defendant present" for this hearing it says "defendant not present" no mention of prosecution. I now understand that cop is only a witness. ...
For routine things such as a pretrial hearing, witnesses are not required but the defendant is required to be there in most cases involving felonies. In most misdemeanor cases, an attorney can appear, but usually with private attorney cases. Cops don't have to appear unless it is a jury trial, preliminary hearing, or suppression hearing. There may be other motion hearings where a cop will be subpoenaed. While not recommended that a defendant represent themselves, learn the California Penal Code, relevant portions of the Code of Civil Procedure, the local rules of court, and learn the law. There is a lot involved and even lawyers who go to law school and pass the bar have a huge learning curve which takes years to learn how things actually work in real life and quirks of the county as well as judges and DAs. Best to consult and hire a lawyer or request a public defender.See question
My partner is in county jail , he is waiting to be transferred to prison will those days in jail count in prison?
Assuming that your partner is waiting to be transferred to prison on the conviction you are talking about, he or she should have received credits for time in county jail at the time of sentencing and he or she will be given credit for any time after the date of sentencing while waiting for transport to CDCR.See question
I am a in house security guard for a night club. I recent got into a dispute with a young lady. I seen she was Over intoxicated in the club so i walk over to her and told her she has to leave for being intoxicated. She ran from me . i caught up to...
Sounds like a she said he said thing. If you were arrested, then you probably should consult an experienced criminal defense attorney and even if not arrested, may want to so that you can get investigation going to be prepared.See question
My husband was arrested for battery after a night of angry drinking. He and I argued and the neighbors called the cops. He was never physical with me, which surprised us both when we learned of the formal charges. He was kept overnight and we post...
It really depends on what section of PC 849 the letter states. It can relate to releasing an individual without a formal arrest because of medical issues as well as insufficient evidence. That does not necessarily
mean that the DA will not file a case. If there was no court date on release, that is good. However, for the best answer, consult an experienced criminal defense attorney who deals with cases in the county where the arrest occurred.
A foreigner - supposed to be mentally ill - has been arrested for being in a stolen car in Santa Clara. After spending some time in jail, she was found incompetent by the court, and the court then sent her to Napa State Hospital. Is it possible f...
This is a question for the attorney handing the family member's case. Typically, if an individual who is pending a criminal case is found incompetent pursuant to PC 1368/1370 in a felony case, he or she is is ordered to a state hospital to see if he or she can regain competence to stand trial. Napa is one of the state hospitals where defendants are sent. It gets very complicated depending on the charge and whether the defendant regains competency within a certain period of time. Best to consult your family members attorney to see if there is a way to have the family member repatriated to the home country after a certain period of time whether he or she regains competency or not. This is a very complicated issue.See question
i was convicted may 2014 1st dui.finished classes .did the court or school. Notifie dmv? And why was my license still suspended after all this time.can i go to dmv before court and correct
I agree with my colleagues and would add that just because someone who was convicted of a DUI and completed the DUI program, there are additional steps to take to get driving privileges back such as obtaining a SR22 and going to pay the reinstatement fee. Completing the DUI program without taking additional steps does not mean an individual automatically gets their driving privileges back. It may be that DMV has the proof of completion, but additional steps were not taken to restore the privilege to drive. If you had a lawyer, you should ask him or her. If not, go to a local DMV to find out what you need to do to get your license back.See question
I have an interlock restriction in AZ (says interlock on my license) and the interlock device is on my car. I am getting conflicting info on whether I can drive my wife's car (which does not have a device) while on vacation in California? I'm ...
This is really a question for your AZ attorney since your conviction is out of AZ. In general, California will honor any any license holds from another state. If an individual in California was convicted of a DUI and required to have an IID and got caught driving a car with one, then it would result in a charge of driving without an IID. Moreover, you should talk to your attorney whether having the privilege to drive with an IID in AZ means you can drive anywhere anytime with it - not just for work or a DUI program. It could result in a violation of probation in AZ if caught CA. Talk to your attorney.See question
I filed for reduction and then expungement of my felonies which are forgery and bad checks under penal code 17b then expungement under 1203.4. When I filed it with the court they told me I am missing an advisement of exceptions form. I looked over...
So long as the underlying conviction reduced to a misdemeanor pursuant to PC 17b, then it should not bar the ability to purchase or own a gun. Most orders granting 1203.4 has the general language about gun rights and many individuals get confused. There are some misdemeanors, especially involving domestic violence that is a lifetime ban - bad checks is not one of them. For the best advice, contact an experienced criminal defense attorney to discuss your situation to confirm.See question
Person was arrested for robbery and received a DA reject, but was not released due to a hold by the FBI. What happens next
Don't post any facts here since it is a public forum. In general, when a DA's office in California rejects a robbery case and there may be something that the Feds are interested in, especially if there is a federal hold, then the DA's office is likely deferring to the feds due to some type of federal crime involving interstate commerce or some type of federal issue. Best to consult an experienced attorney dealing with federal criminal defense. If it turns into an indictment in federal court, it is a big deal.See question
The DMV is banning me for life for driving a commercial vehicle and I was not in a commercial vehicle
Prior to 2005, it used to be that DMV really didn't keep track of DUI convictions relating to Class A and B licenses. Since then, DMV has kept track and a first DUI conviction regardless of whether an individual was driving their own personal vehicle results in a 1 year suspension of a commercial license and a 2nd DUI conviction will result in a lifetime ban under California law. It really doesn't have to do with whether the DUI convictions were more than 7 or 10 years ago...rather it is whether the DUI convictions were after 2005 from what I've seen.See question