Can I sue a former employer for having me charged with embezzlement , after another employee admitted to the crime?
Joseph's answer
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Answered on January 14, 2011
If you're looking to clear up a false accusation, you're looking to file a petition for factual innocence. If granted, the court issues an order...
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Why my husband got re-arrested after his case was rejected?
Joseph's answer
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Answered on January 14, 2011
It's not uncommon for charges to not be filed initially. If your husband was arrested, but they didn't file within two days, he was released. It...
For how long can the prosecution change the charges against the defendant?
Joseph's answer
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Answered on January 14, 2011
Either there's a great interest from people posting questions about the Conrad Murray/Michael Jackson case or it's one person asking similar...
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If cited for PC 490.5 and recieved a demand letter does it go on my record?
Joseph's answer
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Answered on January 14, 2011
No, the demand letter doesn't go on your "record" in any way. Even if you choose to not pay them (and if you look around here on avvo.com, you'll...
Archived
Simple Posession vs. Posession for sale.
Joseph's answer
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Answered on January 14, 2011
If the drugs weren't yours, that may not be enough of a defense. If they can prove you possessed them, even if you were just holding for somebody,...
Archived
If the da files a complaint is that the same as if they file charges. Was not arrested but see da filed a complaint.
Joseph's answer
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Answered on January 13, 2011
The initial charging document is a "complaint" in criminal law. Yes, the filing of a complaint means they have filed charges. They can do this...
Archived
How can I get an extension on a misdemeanor theft? I have pretrial on Jan 18 but I need to get an extension till maybe April.
Joseph's answer
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Answered on January 13, 2011
Under the California Labor Code section 432.7, they CAN use a pending case against you.
While they cannot use an arrest that did not lead to a...
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Is it possible to be prosecuted for two counts related to the same crime at a trial?
Joseph's answer
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Answered on January 13, 2011
In every criminal case, the charged crime has lesser included crimes with it. If the jury decides that the evidence does not prove the charged...
Archived
I got cited for PS.148 Obstruct/Delay Officer and it says misdemeanor. Court is on 03/16/2011. Do I have to get a lawyer
Joseph's answer
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Answered on January 13, 2011
Just because you got arrested and cited to appear doesn't mean that you're going to face charges or that you'll be convicted.
Your report will...
Archived
How much time would an inmate get for parole violation
Joseph's answer
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Answered on January 13, 2011
It can be anything from a COP (continued on parole) with no time up to one year for each violation. What the original parole was for isn't the...
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