Skip to main content
Gayle Anne-Marie Gutekunst

Gayle Gutekunst’s Answers

2,002 total

  • Can a defendant fire his court appointed attorney and request he be assigned another ? Given current attnys neg demeanor/acts..

    Court appointed defense attorney is telling client he will block his bond if he tries to bond out. Also other very negative comments and clearly does not WANT to defend client. Was originally appointed Public Defender, then at 3rd hearing he sub...

    Gayle’s Answer

    Mr. Marshall gives a good reason why the attorney is discouraging that he bond out. Here is another: he may have been committed to custody on more than one unlawful "event," even a violation of probation. He may not understand that if he bonds on some charges it might not lead to his release.

    The rules on attorney conflicts are too intricate to discuss here. However, the first attorney who represented you on your prior criminal case saw that he had an obligation to request to be relieved and he did so. He is not obligated to even tell the judge the general nature of the conflict, let alone the specific details of his representation. It's a non-issue; let it go.

    Defense attorneys are not psychologists or buddies or parents, and are not obligated to be sweet and fuzzy. Your man needs to get past his "negative demeanor" and listen to what he's saying. Listen. Then, if he has questions, ask them; your man is entitled to reasonable answers to reasonable questions. Then listen to the answers. It is in his interest to try to figure out how best to communicate with this lawyer.

    And while you are a strong advocate for your man, this attorney has no obligation to take your calls. He will not be permitted to talk to you about the details of the incident(s) leading up to your man's arrest, nor can he send you investigation reports, etc. It would be a violation of his attorney-client relationship with your man. (We are governed by written rules about this; he can't just make decisions about communicating with you on a whim.)

    See question 
  • Could person possibly get violation of probation? Currently on a 5150 hold P/O can't verify this.

    What is the time frame for Failure to Report,Child Endangerment,Dirty Test.This will be 1st Probation Violation

    Gayle’s Answer

    The reason the PO can't verify the hold is that the hospital holding him/her may not make that disclosure. If this person is on a 5150 hold, s/he could either be released after 72 hours, held for up to 14 more days, or held for three months. A 14-day hold must be approved by a judge, as must subsequent periods of involuntary hospitalization.

    Child endangerment is a crime, as well as an accusation which could lead to CPS intervention. If a child is endangered, you need to contact Child Protective Services if the children cannot be taken care of responsibly by other family members. (Always best to keep out of that system as long as children's well-being is insured.)

    If you are going to inject yourself into this situation, understand that if this person is mentally ill and using dope (as opposed to using dope which makes him/her act out) incarceration will be extremely harmful since she won't get mental help assistance in custody. This person might need "dual-diagnosis" treatment. The court will need to know that.

    See question 
  • How long is the posting of a Probation Violation Warrant take effect

    Possible Probation Violation

    Gayle’s Answer

    I may have mis-read your question, but let me add: the warrant will not expire on its own. So even if it's several years old, it is still viable and can lead to arrest and custody until the subject of the warrant is brought before the judge.

    See question 
  • Store scanned my driver's license when returned an item within an hour with receipt?

    I bought a dress shirt from a department store and I asked to try it on but the employee said: I cant repackage it and then no one would buy. After I tried it on at home, I found it too small, and I went back to return it after an hour with the re...

    Gayle’s Answer

    I don't believe that this is illegal.
    However, as you point out, it's terrible business. Make a complaint. Google the corporate headquarters of this company and contact them there. Forget going to this salesperson's supervisor. If you can't pull the information off of Google, go to the resource librarian at your county library. They should be happy to help you.
    And then don't give that store any further business.

    See question 
  • My license is missing should I report it?

    I just got a temporary license. When I checked where I put it in my car it was missing. The same happened ro my first license. Should I report this missing to the police just like my first license? I suspect some form of identity theft.

    Gayle’s Answer

    YES, report it. As my colleagues have advised, the police are not going to put a detective on the case. But what if someone gets stopped for a DUI and passes him/herself off as you? Then you get arrested ultimately when you fail to appear in a court proceeding you know nothing about. It can be straightened out, but it is a painful process. If you can show a police report, you'd be off to a good start extricating yourself.
    If you suspect identity theft, you most definitely need to keep track of your credit and banking information. Daily. And keep doing it. In November someone or some persons used by debit card information as well as my credit card to make almost $1,000 in purchases. I check my statements at least 3 times a week, so I could put an end to it quickly. But man was I pissed off.
    California has an identity theft registry. Go there and and register:
    Good luck, and be extra careful with these documents in the future.

    See question 
  • Can they refile after 3yrs, can they charge you with possession of narcotics for sale when no drugs,paraphanellia,money found

    3yrs ago based on a wiretap conversation that took place between an acquaintance and i that was one day past the authorized date i was raided and no drugs no paraphanellia no nothing was found but yet i was arrested for possession for sales and co...

    Gayle’s Answer

    I would not be doing you any service by speculating about the state of evidence in this prosecution. I trust what you say and yes, it's bullshit.
    Rarely do I say this, but you must find a lawyer who will investigate a number of dispositive motions for you, based on what you've related. (When I say "dispositive" motion, I mean a motion which could result in a dismissal without further prosecution.) Do your lawyer a big favor: start collecting all the documentation you can which shows your whereabouts since the judge dismissed your case the first time. Why? Because they have an obligation to act on these accusations. They can't just sit on their hands and wait for you to fall into their mouths like salmon to a bear. They are obligated to carry out their jobs in a reasonable time. The Legislature has said that that time is three years. Therefore, you will be submitting to the court documents showing that you have been around, haven't been in another state or in the witness protection program in Flint, MI, etc, and that if they had wanted to find you, they could have. You can use things such as phone and PG&E bills, your DMV records (including car registrations), and so forth. Your lawyer will guide you.
    The question becomes, then, when do you start counting the three years? That will require your lawyer to do an analysis of the case.
    You will also have to show prejudice. (You shouldn't have to under the case law, but trial courts are not always the most informed.) What better prejudice than they lost whatever contraband they claim they had, or the recording of that phone conversation or fingerprint specimens. Etc. See where I'm going with this? You have to be able to defend the accusations. You can't do that if they no longer have the evidence to re-test, etc.
    Good luck. If you decide to hire private counsel, do not count on being reimbursed through any kind of lawsuit for money spent having to defend yourself. No it is not fair. Yes it's quite possibly a gross abuse of the government's power. But be realistic. Think of this in terms of how much your peace of mind is worth.
    Good luck to you.

    See question 
  • What is the California statutory provision that sets forth the term of probation in misdemeanor cases (i.e., 1 to 3 years)?

    I have a client in NY federal court with misdemeanor California convictions, where he received 3-year terms of probation. I would like to know the statutory provision setting forth the available terms of misdemeanor probation in California.

    Gayle’s Answer

    Take a look at Penal Code sections 1203a and 1203.

    See question 
  • Can they not get jail time if they are 1st offenders

    My friend sold drugs to a snitch they raided his house found a gun and 5 Ecstasy pills and stopped him in his car and found 120 pills

    Gayle’s Answer

    As Mr. Finnecy said, anything can happen assuming your friend is found guilty or pleads to some criminal act. I would just add that having a gun along with a sale-able quantity of street drugs is not good at all. Once you introduce a gun into any criminal situation in CA, the whole equation changes. That will be a major hurdle for your friend's defense.

    See question 
  • I am severely bruised because of stranger attacking me. I would like to know my options legal case and civil case ?(See context)

    This happened today afternoon .I was attacked by the guy who was showing his place for rent. When I walked out saying that it was too small since it was just a small cramped up space, the guy got ugly and started shouted racial slur back at me. I...

    Gayle’s Answer

    I'm so sorry for this ugly experience you had. I'm changing the practice section for you. Since the criminal part of this is being handled by the police, you want a civil attorney to file a lawsuit against this guy. If he owns the property, he may have assets. Good luck.

    See question 
  • I want to know I find a job, in new job I need background check can I go to it?

    I explained my situation before . I had arrested by police and I had a court date but that day I didn't count in court . My case send to NJP and I didn't charge only send me a civil recovery paper as$425 for a item may be is $36. I want to know ca...

    Gayle’s Answer

    You can run your own background check so you can see what potential employers may be seeing. It's called "Live Scan." Go to the CA Department of Justice website: It explains "background checks." This program now enables people to run their own records. First, they must provide the state with their own verified fingerprints. This is done at the various locations listed on another page at that website. Go into the store/notary/merchant, etc. and pay $40 (I think); they will fingerprint you and send in your LiveScan application. The government will send you back what it shows as being on your criminal history.

    If you never went to court it is unlikely that there is an entry in your criminal history about this.

    Beware, however. A lot of these awful "background check" companies troll the internet looking for accusations against people. An employer cannot deny you a job because of an accusation which never resulted in criminal action. I wouldn't worry about this too much right now. But if, after a while, your job search is not going well, ask the future employer who turned you down if there was something on the "background check" which troubled them, and what company do they use to do the check.

    Good luck.

    See question