Archived
I was cited by ABC for selling alcohol to a minor almost two months ago. I went to court on the date specified on the citation,
Joseph's answer
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Answered on November 11, 2014
In general, the statute of limitations on a misdemeanor such as this is one year. Typically, if it isn't filed on your appearance date, if they...
Archived
How long does a Stay last?
Joseph's answer
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Answered on November 11, 2014
A stay for what?
If you're filing a writ in a criminal case, you can ask for a stay in order to file your writ. As part if your writ, you ask...
Archived
Falsely accused of petty theft
Joseph's answer
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Answered on November 11, 2014
You've posted this in several ways. Bottom line? Only your attorney - the one with access to the entire case- can advise you on your case....
Archived
How can someone be charged with statutory rape and have to register as a sex offender?
Joseph's answer
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Answered on November 11, 2014
If there is no legal basis (either mandatory registration requirement or imposed based on a discretionary provision), then your wishes are just...
Archived
Could you explain to me the difference between conviction and charged? What could encourage the judge to pursue conviction?
Joseph's answer
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Answered on November 11, 2014
Charged means the DA files criminal charges. An individual cannot file charges - only the government can.
If registration is required based in...
Archived
Would someone charged with statutory rape have to register as a sex offender in California?
Joseph's answer
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Answered on November 11, 2014
For just a conviction for 261.5 (unlawful sexual intercourse), a person would NOT have to register.
Archived
I am currently incarcerated. What type of petition must I submit to the courts if my case qualifies under prop 47? Habeus?
Joseph's answer
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Answered on November 11, 2014
Unless there is something else on your record that disqualifies you, from what you wrote, you appear to be eligible for the re-designation of your...
Archived
Prop 47, if a person incarcerated has charges that qualify for resentencing. Is his trial attrny obligated to file per request?
Joseph's answer
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Answered on November 11, 2014
Most public defenders offices are filing these petitions on behalf of their clients (current and former) they will not do it automatically is my...
Archived
Should i be r charged with felony for 9 dollars worth of food
Joseph's answer
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Answered on November 11, 2014
There are some instances where even a low level that can be charged as a felony. However, with the new change in the law under prop 47, your case...
Archived
I was falsely accused of a Petty theft. Do to the FACT I have a record which I am not proud of. Now it makes it a petty w/priors
Joseph's answer
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Answered on November 11, 2014
With the change in the law with the passage of Prop 47, you should really discuss with your attorney whether or not this case survives as a felony...
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