Archived
Can the court sieze my home for a posession /sales conviction, and if so, what are the courts legal requirements to do so?
Joseph's answer
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Answered on March 31, 2009
The prosecution would have to file a notice of forfeiture and follow those procedures.
Unless they think they can prove the house itself was...
Archived
Is evidence found in my vehichle able to used in court if I did not have meranda rights read before search?
Joseph's answer
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Answered on March 31, 2009
The Miranda issue only deal with the admissibility of testimonial evidence. The police are required to read you your rights if you are 1) in...
Archived
California suspended license
Joseph's answer
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Answered on March 31, 2009
If you've gotten your license reinstated with the DMV, more likely than not, the DA will reduce the charge to either 12500 (driving without a valid...
Can i subpoena a drug dealer as to testify against my wife in a custody case?
Joseph's answer
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Answered on March 30, 2009
The drug dealer, if they actually got served and appeared in court (hurdles one and two) would have a Fifth Amendment right not to testify and...
Archived
My brother had spanked his daughter for behaving in school, they arrested him for spanking her, should he plea guitly or not gui
Joseph's answer
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Answered on March 30, 2009
By pleading guilty, he's admitting child abuse (assuming that's what he's charged with).
He should absolutely speak with an attorney and plead...
Archived
Can you receive welfare benefits while withholding the fact that you are married?
Joseph's answer
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Answered on March 30, 2009
Every monthly application form is signed under penalty of perjury attesting to the facts on the form. Part of those facts are how many people are...
Archived
Can you request immunity after you have already testified before the Grand Jury?
Joseph's answer
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Answered on March 30, 2009
You've already testified under oath in front of the Grand Jury, so it's too late to work out a deal in exchange for your testimony in that...
I was caught shoplifting in Brea Mall - arrested and bailed out
Joseph's answer
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Answered on March 30, 2009
Just because the Brea Police Department arrested or cited you for one offense doesn't mean that's what you'll face. The DA is the one that...
Archived
What is the penalty for an open container ticket in california?
Joseph's answer
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Answered on March 26, 2009
I use this very scenario when I teach at the police academy. If the bottle's empty, you're not in possession of an open container of alcohol -...
Do I have grounds to sue a restaurant because the chair I was sitting in broke I fell backwards and hit my head on the floor?
Joseph's answer
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Answered on March 26, 2009
Yes, there may be a personal injury lawsuit there. I'm sure the restaurant has premises liability insurance, but before you accept any settlement...
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