Just got a DUI, already have an attorney, how can I stop the junk mail from law offices?!
Joseph's answer
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Answered on August 14, 2013
That "jail mail" comes from attorneys that subscribe to services that comb arrest records. Those services sell the lists of people arrested so the...
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Fifth amendment or interrogation ?
Joseph's answer
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Answered on August 14, 2013
The Fifth Amendment applies when you're making a statement that could incriminate you in a criminal offense. Does it apply to a civil case? It...
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What steps do I need to take to get out of a suspended drivers license and failure to appear in court?
Joseph's answer
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Answered on August 14, 2013
It's not serious trouble - more of a hassle, but one you'll need to clear up before it becomes a bigger problem.
First step - the failure to...
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I was arrested for prostitution a decoy picked me up, no transaction was discussed, can i fight this?
Joseph's answer
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Answered on August 14, 2013
They have to prove the elements of the offense beyond a reasonable doubt. They would have to prove that there was in fact an agreement for a...
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BF HAS WARRANT FOR A CRIME HE DIDNT DO WAS AT THE SCENE HES INDIRECTLY INVOLVED BUT WONT TURN IN THE CRIMINAL CAUSE ITS FAMILY
Joseph's answer
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Answered on August 14, 2013
He doesn't have to "turn in" who actually did the crime - the prosecution has to prove beyond a reasonable doubt it was him. If they can't, he...
Can I get an Expungement in California for a Sexual Battery that has been amended to Battery?
Joseph's answer
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Answered on August 13, 2013
There is no true "expungement" in California. What we have (that everybody calls an expungement) is a dismissal under Penal Code 1203.4.
If...
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How vital is it that someone speak with their lawyer prior to a trial rediness conference?
Joseph's answer
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Answered on August 13, 2013
They're charged in court and have a public defender. It's a criminal matter.
The defendant and attorney should be conferring about the case,...
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How is it determine if a case is civil or criminal and weather misdemeanor vs felony ? Regarding domestic violence case.
Joseph's answer
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Answered on August 13, 2013
A criminal case is one where a person is accused of violating a criminal statute and charged by the prosecutor's office. It is "The People of the...
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Might a judge will dismiss a ticket/reduce the amount for failure to yield to emergency vehicle due to bad tinting on new car?
Joseph's answer
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Answered on August 13, 2013
Without knowing the specific section he was cited for, there may be a mandatory minimum fine the judge has to impose.
He can certainly appear...
Archived
Can the District Attorney drop the sales charge in a case in order to eliminate a motion to reveal a confidential informant?
Joseph's answer
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Answered on August 12, 2013
If there is an informant used to get a search warrant or if they are a percipient witness, the defense should be filing a motion to reveal the...
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