I submitted a petition for dismissal for Section 647 (b) and got denied. I was convicted in 2009 and have completed my terms of probation and paid all fees. Near the signature line of the petition there were notes written "current address not up...
Generally, a court will not grant this post-conviction remedy with current cases pending in the state. The short answer is yes, you do need to take care of these outstanding court matters before any California court will grant your petition. Contact a local attorney for a more detailed analysis of your case. Good luck.See question
misconduct of the law and many other things I have been dealing with this for the last 3yrs if not longer behind all the stress I was hospitalize I lost a lot of money including my home me and my three girls have been living a nightmare, I have wr...
It sounds like you are looking to sue the police department for violation of civil rights. This is a generally covered by a federal 18 USC 1983 lawsuit. There may also be state remedies under Ohio law. I am not a licensed attorney in Ohio. You should try and contact the local ACLU law office or any civil rights attorney in your area. Good luck.See question
In 2003, I was arrested for domestic violence in Colorado. After completing my 30 plus DV classes, the case was dismissed. I have since moved to California and have purchased a gun after passing a 10 day mandatory NICS background check. So now tha...
Generally a federal law enforcement position will be unavailable to any violent offense. This includes domestic violence. However, the age of the offense, coupled with the fact that you had your 2nd Amendment rights reinstated, could allow you the position. The ultimate decision will be made by the agency to which you are applying. The best answer you can get on this site is a maybe. I wish you luck in your pursuit. It may behoove you to contact the agency directly and inquire as to whether or not you are precluded due to the past offense. The worst they can say is yes. Good luck.See question
All my friend and family ask me why my wife left me, some if her family called me every single day and tell my how could I do that ? Is that illegal telling people that me wife is suffering from schizophrenia and that's the reason why she left ...
This is more of a civil law question. There is no criminal statute of which you may run afoul, but you could face a slander lawsuit if you are stating a fact about someone you knew, or should have known, was false. If your ex-wife does not suffer from that disorder the best action you should take is to stop stating that as the reason.
However, even if it is the reason, and it is true, you could also face a potential civil lawsuit for revealing private information. The best solution is to stop giving a reason and simply state you wanted to leave. Good luck.See question
My friends protective parents managed to implement a restraining order against her friend. Because she is a minor she had no say in the restraining order. when she turns 18, is there anything she can do that will allow her to contact said friend a...
It sounds like the protectee of the restraining order wishes to have the restraining order modified or recinded. You are correct in assuming that a minor-protectee would have to wait until the age of maturity (which is 18) before acting. Once she hits 18, she can go before the issuing judge and request that the order be modified to allow contact. This is a relatively straight forward process. The chances of success, however, depend greatly upon the behavior which lead to the restraining order and the current criminal status of the subject of the restraining order. Good luck.See question
my son is charged with dui and evade police officer
Best is a relative term. It is relative depending on what you need. Sheriff work project will allow you to carry on with your everyday life and only show up for work project takes which tend to be only about 8 hours per day. The nice part of these shifts is that each 8 hour effectively could for 48 hours of custody (8 hours = 24 hours of custody with half time, each day also counts for an additional day.)
Home supervision tends to require a limitation on your freedom. Depending on the program, you may be limited on when you leave your house. In terms of cost, that would depend entirely upon the county. Check with your lawyer about the specific costs. Good luck.See question
When I comply they always make a mess and last time they broke my door handle and didnt find anything. I live in California. thank you for your time.
You can always refuse a search. This is a basic right allowed under the Fourth Amendment.
However, if the police have probable cause to search your vehicle, they can do so whether you are in agreement or not. Probable cause can come in many, many forms. If the police smell Marijuana or other illegal narcotics any court will find this as probable cause. While this is the most common claim by police, there are many others. Each circumstance has to be analyzed individually. Good luck.See question
They got physical w me. I had to call police. I agreed to press charges but he can't be found. Got a restraing order. If he us found and arrested how will this affect the money and house I out up for bail?
The answer to that question depends entirely upon the manner in which he is found. If he commits additional crimes while out on bail, the court can order the bonds forfeited. You have unfortunately found yourself in a position where you put money as a promise to the court concerning somebody who does not seem to be completely stable. If you happen to have additional contact with this person the best thing you can do for both of them and yourself financially is convinced him to turn himself in peacefully. Good luck.See question
I was arrested for domestic violence battery and criminal threats in California. My husband got a restraining order since last March. The DA is offering to charge me for vandalism only, I will not have to take 52 weeks of classes. I wonder if th...
Because of where you are in the prosecution it's clear you already have a court appointed attorney. These are questions you should be asking them. It depends entirely upon the specific Penal Code section being offered. Most vandalism charges are not related to domestic violence charges. But again, you need to ask your court appointed attorney if this specific Penal Code will affect you in the ways you fear. Good luck.See question
Okay so my boyfriend and I have been together for a whole and I'm turning 15 in August and he is turning 18 in December. But his parents are concerned that if we were to ever break up that we would say that him and I had sex, but that wouldn't be ...
The answer to this question depends entirely upon actions and not feelings. The Penal Code of California does not prohibit feeling love for someone. But there are very serious ramifications for engaging in any type of sexual behavior for your 18-year-old boyfriend.
Since you are asking this question, as the 15-year-old and minor in the situation, you are really not at risk for being prosecuted for having sex with a minor. However, if I were your boyfriend's attorney, I would say to him to end the relationship immediately for precisely the danger his parents have voiced.
No attorney will give you advice as to whom you should be in love with or not. But your boyfriend is running a very dangerous risk by being romantically associated with somebody so far under the age of consent.See question