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I was arrested for a 243(e)(1), and the DA rejected it. Will PC 849.5 automatically alter my records without my intervention?
Joseph's answer
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Answered on April 12, 2014
It is the DA that files the accusatory pleading. It *should* be done by law enforcement when they get notification that the case was not filed, but...
My fiancé was sentenced for 3rd DUI, & alternative sentencing was not given as promised. Is there any recourse we can take
Joseph's answer
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Answered on April 12, 2014
What do you mean "as promised"? If he didn't get the plea deal he agreed to, his lawyer should be back in court to fix this. If he was "hoping" for...
Archived
Can you be attested and sentenced for assault on police officer if you were assaulted was it was cops now at scene
Joseph's answer
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Answered on April 12, 2014
In a charge of resisting an officer or battery on an officer, one if the elements instead the accused must know (or reasonably should know) that...
Should some one pay civil demand of $500 for $23 worth good if having prior misdemeanor charged years ago for shoplifting ?
Joseph's answer
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Answered on April 12, 2014
The threat to call the policeman the future if the civil demand isn't paid is just that - a threat. It is a bluff. It's also just short if...
Archived
Requesting a Superior defense criminal lawyer for my 2 charges of 459 PC Burglery first degree
Joseph's answer
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Answered on April 11, 2014
Nobody can (or should) make you a guarantee. If they do, run. Nobody can predict or guarantee anything in any legal case.
It's unethical for...
Archived
Can I be convicted of a crime that someone with the same case have been convicted of as well?
Joseph's answer
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Answered on April 11, 2014
Could you be convicted? Yes. On the facts that you wrote, should you be? Doesn't sound like it. They have to prove beyond a reasonable doubt that...
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Can I prosecuted my friend if she stole my credit card & ID and came to the bank withdrew my money without my permission.
Joseph's answer
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Answered on April 11, 2014
You cannot criminally prosecute - that is up to the government via the DA's office. You can make a police report, but it may be difficult from out...
Archived
My son was charged and convicted of dv, assault and rape. there was no evidence of a rape.how can they convict him on hearsay?
Joseph's answer
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Answered on April 10, 2014
If the alleged victim testified that she was raped, it's not hearsay.
Appeals look at errors in procedural matters, not a reweighing of...
Archived
How likely is it that I can be re-refered to prop 36 after failing to do so 3 times? Ive currently requested a trial
Joseph's answer
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Answered on April 10, 2014
Prof 36 typically involves a plea of guilty upfront. If they have given you three chances, and it appears as though you were not following up, they...
Archived
If a witness doesnt want to press charges ,would the judge dismss the case at the prelminary
Joseph's answer
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Answered on April 10, 2014
There won't be a preliminary hearing since this is charged as a misdemeanor battery.
No, an individual cannot "press" or "drop" charges - that...
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