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1204.3 form: When it asks if you were convicted of a felony or misdemeanor what should you say if it was reduced to infraction?
Joseph's answer
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Answered on November 25, 2013
You can dismiss (expunge) an infraction that is non-traffic. Penal Code 1203.4a allows for this. The CR-180 form (the latest version) should have a...
Archived
Why was my son busted for theft when he didnt take anything but his friend that was with did.
Joseph's answer
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Answered on November 25, 2013
The $375 is a "civil demand" sent by a lawyer or law firm on behalf of Kmart. It's authorized by law, but they are all bark and no bite. The...
What is the possible sentencing for HS 11378, 11352, 11359, 11370.1 Felony(s)
Joseph's answer
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Answered on November 25, 2013
11352 - Sale or transportation of a controlled substance - up to 5 years.
11378 - Possession for sales of a (different) controlled substance - up...
Archived
What can a person do with a bogus restraining order to actually cause me harm??
Joseph's answer
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Answered on November 25, 2013
Here's the problem with a restraining order:
It gives the other person a lot of power over you. If the order is that you have no contact with...
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Archived
Can police use evidence found on my scooter without my consent?
Joseph's answer
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Answered on November 25, 2013
In any search that was done without a warrant, the police (and prosecution) is going to have to justify the reason for the search. They may be...
Archived
Can felony charges be dropped after an arraignment if the complaintant drops the charges?
Joseph's answer
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Answered on November 25, 2013
Charges are both filed and "dropped" only by the prosecutor's office. Can a victim (aka complaining witness) request that the case be dropped or...
Archived
D.A.'s office is trying to subpoena me in a D.V. case on my ex husband in which I am not the victim, do I have to go?
Joseph's answer
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Answered on November 25, 2013
They are likely trying to introduce the evidence of past domestic violence under Evidence Code section 1109. It's up to the trial judge whether or...
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1st arrest ever in Oct.2013- released OR; advised I'd get courtdate info in mail. Checked online, missed arraignment 6 days ago!
Joseph's answer
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Answered on November 25, 2013
If you go to the clerk's office, the only thing they can do is put your case on calendar and in front of a judge. Depending on the facts, the...
Archived
Whyisitbetter NOT to pay money in civil demand letter from Walmart, vs.paying it off
before any court filings happen ?
Joseph's answer
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Answered on November 25, 2013
A civil demand letter has absolutely nothing to do with whether or not you get prosecuted in criminal court and it has nothing to do with the...
Archived
If it's 1st time felony for domestic violence, how many prison time would he get?
Joseph's answer
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Answered on November 24, 2013
He won't get any time unless he is convicted. Unless the injuries are substantial, it could be filed as a misdemeanor. He could get anything from...
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