Archived
Can i be arrested or charged in any way if I return to that mall or store? Would they even have the evidence to charge me now?
Joseph's answer
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Answered on March 22, 2016
Although it was just verbal, the store personnel still issued a trespass warning. Essentially, your permission and consent to enter the store has...
Archived
Is this a lawsuit waiting to happen? What can I do to get him out as soon as I can?
Joseph's answer
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Answered on March 22, 2016
Worry less about a potential lawsuit and instead on fixing the issue. Hopefully by now you/he/someone has contacted his attorney to get the matter...
Archived
What should you do if you find a misplaced jury summons that's almost two years old?
Joseph's answer
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Answered on March 22, 2016
Oops. It does happen.
Contact the Jury Commissioner in the court that issued the summons and explain what happened. They will likely...
Archived
What is there that I can do to remove everything?
Joseph's answer
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Answered on March 22, 2016
First step.... schedule an appointment with a good local criminal defense attorney that has experience in filing for a certificate of...
Archived
How does it affect me.. what can i do. Is it true felonies stay forever.. how bad does it count against me for the custody case
Joseph's answer
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Answered on March 22, 2016
The "standard" domestic violence charge (Penal Code 273.5) is a "wobbler" meaning it can be either a felony or a misdemeanor. The police likely...
Archived
Scared ...... What will happen to my son ? ASAP I'm scared for him.
Joseph's answer
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Answered on March 22, 2016
Well... this isn't great for your son. First, you don't specify if he's an adult or a juvenile. I assume a juvenile since he just got his...
Archived
How does the court determine which parent should RECEIVE child support and which parent should PAY child support?
Joseph's answer
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Answered on March 22, 2016
It is rather formulaic. There are online calculators, but those are ball park at best. The variables include percentage of custody, income, tax...
Archived
Is my 6th amendment right a guarantee in a Court of law?
Joseph's answer
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Answered on March 22, 2016
Your Sixth Amendment rights to a speedy and public trial as well as an attorney are in fact guaranteed in the US and California Constitutions. I'm...
Archived
So because of the CPO still being active, is there any law or anything I would be in violation of? Could I get arrested?
Joseph's answer
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Answered on March 22, 2016
If the restraining order is against him, then only he can be found in violation of it. If he breaks the terms, then he could face new charges. You...
Archived
Can you get my case dismissed?
Joseph's answer
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Answered on March 22, 2016
Sorry, but your understanding of the Serna case and a Serna motion are mistaken.
A Serna motion is a motion to dismiss (typically after a year)...
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