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My girlfriend went to court yesterday and her public deffender is telling her to take 32 months cause her rap sheet.
Erik's answer
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Answered on November 23, 2013
When I see the number 32 months, my experience makes me believe your friend has a strike. That means that 32 months is the low term if your friend...
Archived
What are the grounds for an appeal for a DUI trial verdict? I know of error on behalf of prosecution judge or jury. Any other?
Erik's answer
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Answered on November 23, 2013
There are a bunch of different things that can be errors. But usually it's either instructional error or because one of the elements of the crime...
Archived
Can I get a felony dui if my last dui was 10 years ago and this would be my third total
Erik's answer
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Answered on November 23, 2013
If your previous DUIs were regular misdemeanor DUIs, this new one would be a misdemeanor, too. If you had a felony DUI or there were injuries...
Archived
If I can't afford a Criminal Defense Attorney to defend me from PC 417.4 charges, what options do I have?
Erik's answer
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Answered on November 23, 2013
For PC 417.4, the max is 180 days, but the minimum is 30. Of course, you could plead to something else or, potentially, do the time on some form of...
If a defendant in a criminal case is diagnosed as an autistic person, can this person be tried normally or can they enter
Erik's answer
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Answered on November 23, 2013
Autism has a spectrum, so some people with autism will be highly functioning and some not highly functioning. Some people with autism look and act...
Archived
Under the new 4852.22 section of the California Penal Code, can 290 registrants get Cert of Rehab in under 7 years?
Erik's answer
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Answered on October 25, 2013
PC 290.5 addresses this. It explains whether your duty to register is affected by a certificate of rehabilitation. For most 290 crimes, the...
Archived
I was arrested for a first time DUI with a .08 (1st time) and .07 BAC (2nd time) breath test results at the station
Erik's answer
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Answered on October 07, 2013
To get a valid breath test reading, you need two results. A lot of the time the two results are slightly different. As long as the two results are...
Archived
- Do I need a lawyer?
- How can I get this to a lesser offence?
- Is it possible to not have this offence on my record?
Erik's answer
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Answered on October 06, 2013
How much time do you think you will get? You don't know, but a lawyer does. You think you know the evidence, but what do the police know? What to...
Archived
Can a search warrant be thrown out of court if there is no search warrant number on it
Erik's answer
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Answered on October 06, 2013
No. As long as there is probable cause to search and A judge signs the warrant after reading the affidavit, which you may not have been provided,...
Archived
If I appeal a suppression denial, and do not have an attorney to help me, will they provide me with a public defender?
Erik's answer
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Answered on October 06, 2013
It sounds like you are saying your attorney didn't get the facts construed right and he bungled the job. But Ineffective assistance of counsel is...
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