Archived
My husband's been charged with pc11377(a). Hes on double probation (summary) for 496(a) violations. Is he eligible for prop 36?
Joseph's answer
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Answered on February 10, 2011
The problem may not be eligibility, but availability. If he was on felony probation and has already served a year locally, he's timed out on that...
Archived
Whats the percentage on a county year in wayside for a robbery case.
Joseph's answer
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Answered on February 10, 2011
Because he was convicted of robbery, he's going to do 85% of his sentence. He'll do 10 months. The release date includes any pre-sentence credits...
Archived
What are the consequences for PC484(a) Petty Theft,and PC594.2(a)Possesion of tools to commit vandalism or graffiti
Joseph's answer
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Answered on February 10, 2011
Unfortunately for him, he's going to adult court since he's 18. If he were under 18, he would have been dealt with in juvenile court like the...
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A cop found paraphenaila *Pipe in my trunk, was charge 11364
and was pulled over for my license plate light being out
Joseph's answer
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Answered on February 09, 2011
You're looking at a misdemeanor for the possession of the pipe. Your attorney (yes, you need one) should be looking into filing a motion to...
Archived
Is it allowable to impeach officer testimony by using his written statement from a TBD?
Joseph's answer
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Answered on February 09, 2011
That's the beauty of the TBD, then the trial de novo. You've got a chance to catch the officer, should the testify differently in court. Yes, you...
A detective wants to talk to me as a "witness" to a crime but won't give any details over the phone, should I go?
Joseph's answer
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Answered on February 09, 2011
Be careful before just walking in to talk to a detective. If you truly are a witness, they probably wouldn't be so vague with you.
See the...
What does a Complaint Filing Reject Notice mean? More specifically.
Joseph's answer
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Answered on February 09, 2011
If you were released from prosecution (case rejected by DA) and you got 849 paperwork, then yes - it is now deemed a detention, not an arrest. ...
Archived
How can I expunge a petty theif from my record?
Joseph's answer
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Answered on February 09, 2011
Please completely ignore the answers from attorneys that do not practice in California. I have absolutely no idea why an attorney from New Jersey...
Archived
Will I receive mandatory prison time for having a prior prison term on my record?
Joseph's answer
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Answered on February 09, 2011
If you are charged with only a misdemeanor, and have discharged from parole, you cannot be sent to prison.
Receiving stolen property under Penal...
Archived
I am wondering if my misdemeanor theft case was dismissed or not, I'm not sure how to find the answer to that question.
Joseph's answer
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Answered on February 09, 2011
What there is to clear up depends on the term of your original deal. It sounds like you may have participated in a diversion type program where you...
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