Can a person appeal the courts ruling refusing to strike a prior within the meaning of section 1385

Yes you can appeal it. A notice of appeal must be filed 60 days from the judgment and sentencing. However, the likelihood of winning the issue...

What's the most time you can get for a petty theft misdemeanor and its your first charge? And your a minor

If you are charged with only petty theft then yes, I agree with my colleagues. My experience however is that they always charge 2nd degree...

I agree with my colleague. There is also a situation where the DA dismisses the case for a variety of legal reasons and then refiles it, so there...

2 issues: 1. Statute of limitations and 2. speedy trial rights. 1. Statute of limitations on robbery is 3 years for filing. The DA decides...

Could I go to prison or jail for embezzling?

HR cannot send you to jail. They can turn over that paperwork to a DA and then the DA will decide if they want to file charges and then yes there...

Can DMV issue you a drivers license and not tell you later it's invalid?

They normally will notify someone of suspension so long as the address is up to date on the license itself. The responsibility to file for change...

Lied to help my mom get restraining order against my fiancee 3 years later the court is going to send him to jail for up to 6 mo

You can hire an attorney to file a habeas petition on his behalf for new evidence that you lied and you can submit a declaration you lied. You...

No exhibits included in clerk transcript, is there any way to refer to exhibit in opening brief?

Yes. Whatever exhibits were entered in evidence are considered part of the record on appeal and can be referred to in your AOB. Depending on your...

Two years after getting pulled over for a 4th DUI, can you file Doggett and Serna motions for dismissal since it's not pursued?

You can file a motion but you will have to be able to demonstrate prejudice for the failure to pursue filing sooner. You are not beyond the...

Any resourse after plea agreement? Asked attorney to present mental history for alternative sentencing. Found out never did.

Depends on the seriousness of the offense. Some offenses, the only mental health they care about is the kind which would make you incompetent to...