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Chrystine Denise Carvalho

Chrystine Carvalho’s Answers

46 total

  • What does PC 459/F2, PC 1170.12(A)-(D)/F2 aand PC 1203(E)(4)/F2 mean and can these be a strikable offense

    was picked up on a petty for the first time i stuck something in my wifes purse but they didnt find it on me the da droped the misderminor charges and refiled felony charges..i have to violation of probation on top of the burglary with special all...

    Chrystine’s Answer

    As you describe the incident it does sound like you are charged with commercial burglary - entering into a business with the intent to steal. This charge alone is not considered a strike but the fact that you indicate having two prior strikes puts you into the 25 - life category.

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  • Is my infraction sealed?

    I live in california when i was 13 i had gotten an ticket for fighting in public. as in consequence the judge requested 20 hours of community service, which i did. I am now 16 and people say it is automatically sealed when 18. is this true... when...

    Chrystine’s Answer

    As a juvenile, any adjudication you receive is not public record; however, any arrest is still documented unless your request that it be destroyed (even when it is requested the request is not always granted). It is a process and you would be advised to hire an attorney to handle it for you.

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  • If someone tries to file a false stolen vehicle report on me and fails and its documented by the officer taking the report

    Than they attempt again 7 months later and succeed what are my options?

    Chrystine’s Answer

    Your question is vague. When you say they succeed in filing a false stolen vehicle report do you mean they made a report to the police only or do you mean the district attorney filed charges against you?
    If there has only been a police report filed then the district attorney will review the report and decide whether to file. If the district attorney has filed charges against you then you need an attorney to represent you.

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  • Arrested for a felony over 250 days ago, released pending further investigation. Still not charged.

    Is it possible to see a meaning in the length of time that has passed since the arrest? positive or negative?

    Chrystine’s Answer

    No, do not read anything into the length of time that has passed. The district attorney wanted additional information in order to make a filing decision. The case is vreturned to the law enforcement agency for follow up. It is not unheard of for a case to get shuffled and temporarily forgotten. Not to mention, the length of time and amount of investigation may very well depend upon the charges that are being considered.

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  • Was arrested for Mis. Battery 243a, Now case given to DA because of Injuries - should a Lawyer try to contact filing officer?

    Bycontacting filing officer, can you stop them from pressing charges or is it inaccurate to think an Attorney can make a difference now and stop them from filing?

    Chrystine’s Answer

    The filing officer does not press/file charges the District Attornney does. The filing/report officer merely takes the information and forwards it to the District Attorney's Office for review and filing.

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  • On 03-26-2009 I was arrested and charged with 459 PC 484 PC and 530.5 PC what is my best shot at doing little or no jail time?

    I went to my first court date? but then fail to appear for the following court date!! I am a mother of 3 girls and at the time when this happen I was living a very abusive relationship with the girls father and he threaten to take them from me! I ...

    Chrystine’s Answer

    The information provided does not indicate if all charges are filed a misdemeanors or if the PC459 and PC530.5 are filed a felonies. Whether you plead to a misdemeanor versus a felony will greatly affect your sentence. However, there are also potential alternative sentencing strategies that you may be eligible for in lieu of actual jail time.

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  • Is the continuation of a previously existing consensual sexual relationship legal once the elder participant turns 18?

    My boyfriend and I are both 17, and he will turn 18 in two months. We are concerned about the legality of continuing our sexual relationship after his birthday. His mother informed us that the continuation of a previously existing relationship is ...

    Chrystine’s Answer

    I agree with the previous answer but in addition, there is no reason for law enforcement to investigate this relationship unless there is a complaining witness or a pregnancy.

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  • Constitutional rights denied? *THEORETICAL*

    A man is held in prison for a year before he is brought to trial. His bail is set at $1 million, much more than he can pay. At his trial he is not told of the crime with which he is being charged. He asks to have a lawyer, but is told they are all...

    Chrystine’s Answer

    Based solely on these facts it sounds like numerous rights may have been violated. Contact an attorney ASAP.

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  • If you buy car from someone who had an Ignition Interlock Device installed does the seller get fined if the buyer removes it?

    Does the buyer have legal rights to remove the device themselves if the seller does not? The car is legally under the buyers name when filed with the DMV. Does the seller have to pay a fine or have to re-calibrate the device according to the d...

    Chrystine’s Answer

    The DMV governs the installation and removal of the interlock device. The person who has the interlock installed is likely required to have one on any vehicle he/she owns or operates. The sale of the vehicle may be a way for the seller to avoid having to continue the interlock requirements. It should be the sellers responsibility to have the device removed (in Tulare County there is a charge for removal and there is a contract between the interlock company and the person who had it installed). You should have the seller remove the device.

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  • Business Burglary, Can't afford lawyer.

    I am going to be arraigned for business burglary tomorrow and I have no found a lawyer than I can afford to hire. We've dealt with court- appointed lawyers when I went to jail the first time, and he didn't help me at all. Tomorrow when I go, how s...

    Chrystine’s Answer

    No one can answer this question properly without knowing specific facts of your case and what criminal history you have (I would suggest you not share that here).
    It is always in your best interest to have an attorney. If you cannot afford an attorney you should accept the court appointed attorney to help you with the case. They can get information and speak to the court and the district attorney when you cannot.
    Good Luck.

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