Archived
When new, unheard evidence is presented at sentencing, is the court required to show a record or detail of it?
Joseph's answer
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Answered on July 06, 2016
Penal Code 1054.7 which you're quoting from requires disclosure of evidence intended to be introduced AT TRIAL 30 days prior to trial absent a...
Archived
Where will this be held?
Joseph's answer
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Answered on July 06, 2016
The short answer is he will be prosecuted where, if anywhere, charges are filed against him.
Archived
Can a person be retried after case dismissal?
Joseph's answer
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Answered on July 06, 2016
The prohibition against double jeopardy means that a person cannot be TRIED twice for the same offense. What you describe sounds like they went...
Archived
Is it illegal for any enforcement officer, lawyer or prosecutor to "judge shop"?
Joseph's answer
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Answered on July 06, 2016
I'm not reading anything clearly illegal in what you posted. The remedy for this is to either file a complaint with their department about the...
Archived
Can a Police Officer arrest a person for DUI charges in your complex parking lot.
Joseph's answer
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Answered on July 06, 2016
Just because the arrest wasn't made on a public street isn't the issue. It's the totality of the circumstances as to whether or not they have a...
Archived
Can a 20 year old go to jail if he Is saying a 17 year old that will be 18 in 1 month
Joseph's answer
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Answered on July 06, 2016
Just "dating" isn't illegal. Any sexual activity with a person under 18 is illegal. If there's proof of any sexual activity, yes - you can get...
I was pulled over for having a cracked windshield but believe that to have been an excuse for stopping me.
Joseph's answer
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Answered on July 05, 2016
Duplicate question. Please see my other answer to your other question.
Archived
I was pulled over for having a cracked windshield
Joseph's answer
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Answered on July 05, 2016
What was the net result? a ticket? Did they search and find something more?
Yeah - it sounds as though they wanted to pull you over and waited...
Archived
Will I be able to continue driving even without my physical license? Or can I get a new one because I can't get it back?
Joseph's answer
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Answered on July 05, 2016
There is a specific vehicle code infraction for driving without your license in your possession. If you were stopped, in addition to whatever...
I got my diversion program ended in 6 months instead of 12 with good cause.
Joseph's answer
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Answered on July 05, 2016
Dismissed is dismissed.
It may make some difference for immigration purposes or in certain licensing situations, but in general... It's over...
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