Archived
Cal penal code sets up a gun violence restraining order which can be obtained civilly by anyone.
1.) Is this a criminal matter?
Joseph's answer
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Answered on March 18, 2015
From the Penal Code sections that apply:
§ 18100. A gun violence restraining order is an order, in writing, signed by the court, prohibiting and...
Archived
Can I use a medical marijuana recommendation to contest the charge of possessing marijuana?
Joseph's answer
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Answered on March 18, 2015
Assuming your recommendation predates the citation and was valid at the time, it should result in the case being dismissed. If you want to be bold,...
Caught shoplifting at Nordstrom's, do I need to pay civil demand fee?
Joseph's answer
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Answered on March 18, 2015
It's not a civil "fine" - it's a civil demand letter. California law allows a merchant to demand up to $500 following a theft incident. These...
Archived
What is the charge for having a firearm in a video for a first offender
Joseph's answer
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Answered on March 18, 2015
Just having a firearm in a video isn't a crime... Unless there is a legal reason why he could not possess a firearm. Even then, how does the video...
If a person is sentenced to the max. term on Ct. 1 and mid term on count 2, is count "2" 1/3 the mid term, if ran concurrently?
Joseph's answer
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Answered on March 18, 2015
If the court specified "one third the midterm", that means it's going to be run consecutively. The court would have specified a "full" term (upper,...
Archived
I got speeding ticket in northern CA last week but I live in China now, what do I do?
Joseph's answer
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Answered on March 17, 2015
Monterey is a fair distance from OC and unless they are a lawyer, they cannot appear on your behalf. You'll need to find a traffic ticket attorney...
Archived
Sentencing, motion for a new trial question
Joseph's answer
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Answered on March 17, 2015
Although the answers you're getting say you have no remedy, because I'm not absolutely clear on the facts, I cannot say you're without remedy. It...
Archived
I was convicted of misdemeanor domestic violence.
Joseph's answer
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Answered on March 17, 2015
You've already got a guarantee of a dismissal if you complete a class? That isn't a bad resolution. The judge cannot change the charge - only the...
Archived
What can I do to get this ridiculous charge removed? Not "dismissed" but COMPLETELY REMOVED.
Joseph's answer
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Answered on March 17, 2015
California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case...
Archived
Will I be arrested if the police were never called?
Joseph's answer
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Answered on March 17, 2015
A few points:
The store cannot "cite" you. A citation is a written promise to appear in court issued by the police.
If the police were not...
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