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Recieved a 148 while riding bicycle. Officers marked car was not displaying a lit red light. Can I fight it without attorney?
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Answered on November 13, 2012
A PC 148, delaying or obstructing a peace officer can be applied to various situations and you should not post facts here because it is a public...
Archived
Was it illegal for the police officer to search my bedroom?
Joshua's answer
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Answered on November 08, 2012
This fact pattern is very similar to Georgia v. Randolph 547 U.S. 103 (2006). In Randolph, police responded to a domestic dispute call at a...
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My son was beaten in Jail. Do we have any recourse against the sheriff’s?
Joshua's answer
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Answered on November 07, 2012
As others have mentioned, whether there is a claim against the Sheriff's Department will be fact specific. Issues will include whether the failure...
Can I be charged with stat rape when I met a girl who was all over me and showed me a convincing fake ID?
Joshua's answer
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Answered on November 06, 2012
I agree with my collegues...you should not post any more facts here and you should stop seeing her. While you may avoid prosecution if she had an...
Archived
DUI/DWI, Missouri v. McNeely, Chemical Test Refusal and Consciousness of Guilt
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Answered on November 06, 2012
I agree with my collegues. I would add that if a person refuses a chemical test, including a blood test, then DMV will automatically suspend the...
Archived
What will happen? How much time are we lookin at?
Joshua's answer
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Answered on November 06, 2012
It is unclear if "he" is on probation or parole. If "he" is on a PC 3056 hold, then it is parole and the court will not release him until the hold...
Archived
CPS. and 261.5 Case!
Joshua's answer
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Answered on November 06, 2012
CPS can forward a report to local law enforcement or the DA's office because they are mandated reporters. There are various circumstances where...
3rd DUI Santa Clara county, what sentence is realistic. Is work release, or home detention possible?
Joshua's answer
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Answered on November 03, 2012
On a 3rd DUI, the minimum jail time is 120 days. There are many factors that may increase the jail time. Whether an individual convicted of a 3rd...
Archived
Got charged with 1st DUI/ refusal but I asked for a blood test prior to being admonished, what change to I have in court?
Joshua's answer
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Answered on October 31, 2012
If you had an experienced DUI attorney handling your case, he or she probably would have obtained documentation and/or video relating to the arrest...
Archived
I just found out I have a warrant out in Sacramento CA for failure to appear. The warrant was issued about 6 years ago.
Joshua's answer
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Answered on October 29, 2012
In Sac, if it is for a misdemeanor case, it is possible to get the warrant recalled without a defendant actually appearing. There may also be...
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