Archived
Hello I plead guilty to a DUI and received 2 month jail sentence. Can I withdraw my plea or modify my sentence??
Joseph's answer
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Answered on January 29, 2013
Your plea forms that you signed should have contained the sentence, including any jail term, that would be imposed when you plead guilty. You can...
Archived
Can you point me to a sample Appelate Opening Brief for an Unlawful Detainer where possession was not an issue?
Joseph's answer
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Answered on January 29, 2013
You've posted in Criminal Defense. I reclassified it so it will be seen by appropriate attorneys.
Archived
Does my Husband have to tell me who his Defense Attorney is, before our hearing?
Joseph's answer
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Answered on January 28, 2013
No, he doesn't have to tell you himself, but once an attorney appears on his behalf, that attorney becomes the "attorney of record" and can easily...
Archived
Can i file battery charges on her?
Joseph's answer
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Answered on January 28, 2013
Only a government entity can "press" criminal charges. You absolutely can make a police report regarding this incident. They will take your report...
Archived
What is max sent. on PC273 5A. have one strike different charges not related and have PC3056)
Joseph's answer
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Answered on January 27, 2013
273.5 carries up to 4 years. The strike doubles it to 8 and the 3056 tells me there is a parole hold, so there will likely be a prison prior added...
Archived
How do I beat a battery case against a waitress at a club?
Joseph's answer
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Answered on January 27, 2013
The second hit is going to be the issue. Given a busy nightclub, close proximity... who knows.
What I do know is that your best shot is with an...
Archived
Fourth amendment violations and the appeal process, how can you tell if you actually have a very strong case?
Joseph's answer
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Answered on January 25, 2013
One initial consideration - he better be sure he didn't waive his right to appeal the adverse ruling on his motion to suppress as a condition of...
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Archived
Rules for remanding a defendant into custody: are smiling and hugging in the hallway outside of the courtroom really illegal??
Joseph's answer
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Answered on January 25, 2013
I can only assume that you had an attorney for the trial where this happened. It sounds as though there is much more to this story than can be...
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Attempt to contact minor to commit lewd and lusivious acts. it was a sting. no victum involved.
Joseph's answer
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Answered on January 25, 2013
First - stop making detailed statements on the internet that can potentially come back to haunt you.
You may have legal or factual defenses...
Archived
Alleged petty theft with old priors
Joseph's answer
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Answered on January 25, 2013
An "expungement" (what is actually a dismissal under Penal Code 1203.4) doesn't undo the convictions - they can still be used as prior convictions...
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