Archived
I was resenteced under Prop 47. I got a heroin poss. reduced to a misd.. Under prop 47, gun rights not restored. Is that gameov?
Joseph's answer
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Answered on August 16, 2015
Unfortunately, the Prop 47 reclassification did. It restore firearms rights. The original charge was never a "wobbler" that was eligible for a true...
Archived
Is jail or prison avoidable (I.e probation, restitution instead?)
Joseph's answer
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Answered on August 16, 2015
Restitution or return of property always helps. Will that avoid custody time? Can't say.
It all depends on the facts, their record (if any) and...
Archived
In CA during trial can the DA use a dismissed case against me?
Joseph's answer
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Answered on August 16, 2015
If the new case is also domestic violence related, Evidence Code section 1109 says that they *may* be able to use it, but not just the reports....
Prior battery conviction 7 years ago no longer on record do conditions apply
Joseph's answer
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Answered on August 16, 2015
It is still on your record. There are no erasers in California that can remove anything from your record. An "expungement" (technically a dismissal...
Hello,
Is is illegal in CA to spanking your child's bottom with your hands?.
Joseph's answer
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Answered on August 16, 2015
There is a parental discipline exception to the child abuse laws.
A parent may use reasonable corporal punishment to discipline a child.
Archived
Is Prop 47 reducing time on Priors?
Joseph's answer
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Answered on August 15, 2015
This person's lawyer will need to recalculate their exposure after reduction... As well as look at the case to see how the sentence was imposed. If...
Can I purchase a firearm in CA with a dismissed misdemeanor?
Joseph's answer
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Answered on August 14, 2015
Assuming it was reduced pursuant to Penal Code 17(b), that would make it a misdemeanor for all purposes and you should be able to purchase a...
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Archived
Can u get charged for 1st degree burglary if it's your family's house thst u live in for 16 years
Joseph's answer
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Answered on August 14, 2015
When you say "they convicted me" of that charge, how was that? Did you plead guilty? If so, it's kind of tough to complain at this point because...
Archived
HOw can I stay out of jail On a d.a reject case that has been reopened
Joseph's answer
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Answered on August 13, 2015
Your attorney(yes, you need one) can make a pitch that you're not a safety or flight risk based on the DA's late filing.
But you need a lawyer...
Archived
Need to find out why Verizon wireless is leading me on with complication of charges after my ending their services?
Joseph's answer
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Answered on August 13, 2015
You posted in criminal defense.
This is not a criminal question - I will reclassify it.
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