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Susan Marie Hearne
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Susan Hearne’s Answers

220 total


  • Can you request for your probation to be reevaluated

    My boyfriend is on probation and feeling that He's not going to be able to comply with the terms and doesn't want to be violated. Are there any options for him.

    Susan’s Answer

    He can request the terms be changed. Its called motion to modify probation. He'd need good reasons to make the request. Your current attorney can do this, or hire one who can help.

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  • Dismissed conviction, now can I have it expunged?

    I was convicted of a felony in 2009, I served probation and paid all restitution back. My case was considered a "wobbler," so I filed for it to be reduced to a misdemeanor and dismissed from my record. This was done 3 years ago. So now, I want t...

    Susan’s Answer

    There have been quite a few changes in expungement laws in the last few years, making this option better for job, and professional licenses. I'd call a local attorney, arrange to ask some question. Some may charge a minor fee, some may not charge at all. But get the info. straight from a licensed professional. It's worth the hassle of not knowing how to do the right thing.

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  • Help with applying for Expungement

    Hello, I am trying to file for an expungement for my petty theft charge. I have successfully completed probation and have no new charges. My questions are: 1. for "eligible for reduction to infraction under penal code 17(d)(2)", is it a no for me...

    Susan’s Answer

    If you had a PD for this case, contact him/her. If you had a private attorney contact them. Typically I'll do this work very inexpensively for my clients, as I already have the file! This is the "feel Good" part of the law- your success. Call your attorney !

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  • Can I move out from my wife's house when she won't be here? We had a claim of domestic violence? She cut my lips with her nails.

    She's very aggressive verbally.Last month she took my green card and I have to carry it with me 24/7. When we argue,she takes my keys,phone,hides my stuff and kicks me out of the house and says she'll throw my belongings on street.(the apartment i...

    Susan’s Answer

    Wow ! I suggest you contact a local batterers clinic. It is typically for women, but do provide services to men. They can help you move out safely, get a restraining order, your green card, order to protect your property. At lest that is what most clinics do. Here is a link to a program in your area. Start there : http://reachma.org You don't need to be a hostage.

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  • How to make public defender work for my defense? What can I do about getting access to evidence and documents in a quick manner?

    I have a public defender and I was forced (told I needed to) into waiving time because my attorney did not have the discovery for my case. This has been ongoing and it had taken 4 months for me to get a copy of it myself while I was incarcerated....

    Susan’s Answer

    Many PD's are very busy. They try to be efficient with their time. Sometimes there are are tactics to put a case over for a bit. Seems you are out of custody. The longer you stay outta trouble, the better it is for your case. If you are not happy w/ the PD, get some friends n family $ to get a private attorney consult. As a private attorney I need to earn my clients. We are very service oriented, and have support staff to communicate w/ parents, visit clients at all odd hrs. of the day or night.. Ask your attorney, he/she could explain their plan. Good Luck

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  • I have my 215, will I be ok in a court drug test?

    My attorney says I'll be fine since I have my script, but I haven't smoked in a while and it's starting to effect my my sleep and appetite which is why I got it in the first place. I have custody of my son and requested his father get a drug te...

    Susan’s Answer

    If you are in drug court, you are allowed to do some things, and not others. You have a probation order, read it or get a copy form the court. If it states " No 215" that answers your question. Might allow 215, but not meth, or alcohol. to be safe unless the probation order states " 215 OK", then wait n talk to your PO or the judge.

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  • What can I do? :(

    My husband hit his face with a 2 liter bottle and got all bruised up then called 911 accusing me that I hit him. He then claimed I ripped his shirt and I was arrested, when I was in jail the officer refused to let me make a call. And I hit the doo...

    Susan’s Answer

    A few days have passed since all this began. I suggest you speak with the attorney who will represent you in the criminal case. He/she will know an attorney in the area of law. Work with your attorney on resolving the criminal case. An investigator who works for your attorney could get witness statements that would help your case. test of luck .

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  • Can a judge over rule a doctor's prescription for a 215?

    My boyfriend has had his 215 script since 2007 . He's now on felony probation which requires him to drug test . He's informed probation that he has a 215 script .

    Susan’s Answer

    Yes. Your attorney can try n fight this requirement, but may not win. Your attorney may need to show that MJ is needed to care from his medical condition and that there are no alternative treatments or medications that you're able to use. It is reasonable to take into consideration your finances. Meaning, if it's too expensive to pay for prescriptions medications, that may be of issue. Tehama County is very conservative. Talk to your attorney or hire one that will fight for you.

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  • What is the severity of my situation? Am I going to have to serve jail time?

    I am being charged with disorderly conduct, but I think I am being wrongfully charged. I don't remember why I got arrested, but when I came back into consciousness in the cop car my friend who I got arrested with was yelling at the cop and trying ...

    Susan’s Answer

    It is unlikely you'd go to jail. But it depends on what the "ongoing" issue is. This incident and the MIP are alcohol related. Seems like alcohol is the not so good friend that keeps getting you in trouble. The DDA might not file on this current case if this a light incident. It depends on the seriousness of this case, n the pending one. If the disorderly conduct is fighting, or fighting with the police, that's a crime the DDA would be interested in. A drunk in public charge is a misdemeanor. You can hire an attorney or get a public defender. Best of luck.

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  • What papers to file for prop 47

    Trying to get a felony reduced to a misdemeanor

    Susan’s Answer

    Contact the attorney on the case. If he's a PD, ask him to do the work for you.The court has some packets to had out, but best bet is an attorney Familiar with this area of the law.

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