Archived
Does this scenario show "custodial interrogation" if so, do the Investigators need to give the "Miranda" rights before questions
Joseph's answer
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Answered on September 28, 2009
You have to look at the entire situation to make this assessment.
From what you write, it certainly could be argued that there was a custodial...
Archived
If a person has their criminal case dismissed does it still appear on the persons record and they would have to have it expunged
Joseph's answer
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Answered on September 28, 2009
If a person is arrested, charges are filed, then later dismissed, all of that will appear on their record. The only way to truly erase things from...
Archived
I have plead not guilty to a petty theft charge...
Joseph's answer
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Answered on September 28, 2009
A lesser charge won't necessarily help you. Although infinitely better than a theft conviction, any lesser charge that's still a misdemeanor would...
Archived
About a month ago my 7 yr old daughter revealed to me that she was molested a few years ago. She said she was about 4 or 5.
Joseph's answer
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Answered on September 26, 2009
Follow through and report this to the police.
The only way CPS would ever take your child away would be if you did anything that could be...
Archived
Can a person be criminally charged with destruction of private property for failing to pay for the damages they caused?
Joseph's answer
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Answered on September 25, 2009
No, this is not a criminal case. For it to be, there would have to be proof they broke your window intentionally, not just because of a stray golf...
Archived
Hi
Joseph's answer
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Answered on September 24, 2009
Petty theft carries a maximum of 6 months in county jail and/or a thousand dollar fine, no matter how long the probation period is. If a person...
Archived
Per California traffic law what citation number it should be 21453(a) or 21453(b) if I turn right at a red traffic light?
Joseph's answer
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Answered on September 23, 2009
23143(a) is the general section that says you must stop at a red light; 21453(b) is the one that allows a right turn on red unless otherwise...
Archived
My child (age 17) was cited with penal code 188 . Must I settle with the store in question for $350.00? What are my options?
Joseph's answer
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Answered on September 23, 2009
I assume you mean Penal Code section 488 - petty theft.
There are two proceedings that go on simultaneously: Any possible criminal case and a...
I was wrongfully prosecuted for possesion of a stole car but the car was a rental car. they reported it stolen
Joseph's answer
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Answered on September 22, 2009
You don't say whether or not you were convicted. If you plead guilty or were otherwise convicted, proving a wrongful prosecution will be an uphill...
Archived
I Have A Criminal Case Do I Have a Chance? I need a pro bono lawyer
Joseph's answer
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Answered on September 22, 2009
I assume that after you fired your previous attorney, the court appointed a public defender to represent you. I seriously hope you're not trying...
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