Archived
My friends daughter was arrested for a felony dui on a golf cart but she wes never arraigned. The dmv case was set aside
Matthew's answer
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Answered on July 21, 2015
Why is this a felony? Was the prior a felony?
Unfortunately, in negotiation, both sides have to agree. She can't just say she will plead guilty...
Archived
My Miranda rights were violated
Matthew's answer
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Answered on July 21, 2015
You misunderstand Miranda rights. They don't apply unless you are being questioned and in custody. Being detained for investigation has not yet...
Archived
Is there an instance where it's legal for a 17 year old to be intimate with an 18 year old?
Matthew's answer
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Answered on July 20, 2015
The law is neutral on gender. So the fact that she is 18 makes no difference as you are still under age, so she would be the one potential facing...
Archived
Can a person be arrested for not completing their community service hours?
Matthew's answer
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Answered on July 19, 2015
I get the anxiety, but it's simple. Do the work release or go to jail. If you fail to complete the work release/community service in time, and the...
Archived
HOW MUCH TIME AM I LOOKING AT FOR EVADING A DUI CHECK POINT, 3RD TIME CAUGHT DRIVING ON A SUSPENDED LICENSE, PLUS A F.T.A
Matthew's answer
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Answered on July 19, 2015
It is not unlawful to avoid a checkpoint, so that won't enhance punishment. That's the good news. Bad news is that a 3d DUI carries a minimum of...
Archived
Wouldn't the attorney who wrote my parents trust have a copy of said trust. Doesn't a copy have to be filed somewhere?
Matthew's answer
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Answered on July 17, 2015
While it is generally good practice to keep a copy of the trust? An attorney is not required to do so. I'm sorry to hear about the unfortunate...
Archived
Can my DUI be reduced to a "wet reckless"
Matthew's answer
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Answered on July 15, 2015
With a .09% BAC, it is very possible. However, if you go at it alone, you will for sure lose. This isnt just a matter of presenting an argument. ...
Archived
In California can I have a misdemeanor case expunged even if I pled guilty? Probation has been completed and fines paid.
Matthew's answer
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Answered on July 15, 2015
Somewhere along the way, your information is being mixed up. Even if you pled guilty, and misdemeanor can be "expunged". However, California does...
Archived
Any chance my blood test comes back lower that .08?
Matthew's answer
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Answered on July 14, 2015
There might be a chance. But even if it does, if your breath was .09, the da can still attempt to use that number to show you were above the legal...
If a toxicologist relies on police's lay testimony about SFST, is the toxicologist's expert opinion testimony admissible?
Matthew's answer
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Answered on July 14, 2015
In the real world, officer testify to the arrest and objective systems but cannot testify to someone being under the influence. Only that they...
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