QUESTION: I broke my felony probation felony is for driving without consent will I qualify for house arrest ANSWER: In SLO County, the judges typically punt to the Sheriff to make the determination of who will get house arrest. It’s on a case-by-case basis, so often people leave court without know for certain if they…

QUESTION: After a night of excessive drinking I was cited with misdemeanor public intoxication and resisting arrest/obstruction for being belligerent with the arresting officer. I was released the following day with a notice to appear in court some months later. At my arraignment I was only formally charged with the resisting/obstruction [148(a) Misdemeanor]. The People’s…

QUESTION: Police had specialist on medication for the amount of medication in a person a time of arrest. Do you have the right to have another specialist that you have hired check the content of medication also ANSWER: Yes, you absolutely have that right. Pursuant to California v. Trombetta, you have a right to have…

QUESTION: I was caught driving on a suspended license my seconed offense. Can I reduce this charge? ANSWER: I believe a second 14601.1 can be charged as a misdemeanor or an infraction. I’m not aware of any bright line distinction that requires a 14601.1 to be filed as a misdemeanor when there are prior(s). What…

QUESTION: I’m 19 years old and decided it was smart to run in the middle of a college soccer game. I ended up getting arrested. I have court a court date at the end of November and want to know how to remove that off my record. It’s my first time ever being arrested and…

QUESTION: I am a college freshman and I was waiting in a line for a soccer game, and really had to go to the bathroom. I walked pretty far out into a wooded area away from any people, and my friends said they saw two people walk after me. I found a good spot out…

QUESTION: Have an old case from 13yrs ago, disturbing the peace. I got stopped recently and end up having a bench warrant. Officer gave me a court day. When and asked the court about the case and says I violated probation. Could be because paperwork says I had a fine of 500dls that I supposed…

QUESTION: My boyfriend is on probation ordered by the court. Is he allowed to live in the same house with someone who is also on probation? ANSWER: If they are both on felony or formal supervised probation – then they must get the approval of their probation officers. If they are both on misdemeanor unsupervised…

QUESTION: She is thinking of showing up just to see if it can get dismissed as this might lessen the cost $561. Could that happen if the officer does not show up? Her worry is that the judge might say hey you should have gotten a MIP since she is 20 and that would be…

QUESTION: I was made aware of a warrent I had due to bad checks from a couple years ago. I never heard from the bank, the store, or the courts/D.A about this, Not by phone or mail. I was made aware by the officer responding to an accident. If I pay off the amount told…

QUESTION: They found meth in the car stuffed in the side of the seat on my (passenger) side. They asked if it was mine and i said yes because i felt threatened by the driver. I got the ticket but pled not guilty. Do i have a chance of beating this? ANSWER: It’s a fact…

QUESTION: I thought it was 31st by my paper work but i guess not and now i have have failure to appear . ANSWER: It’s not difficult to get a misdemeanor warrant recalled. And attorney can do it for you, without you likely having to go to court. Or you can get your case back…

QUESTION: I am on state felony probation with a suspended sentence. One of the conditions of my probation is that I am to have no internet access. ANSWER: What you’re describing is not uncommon, though not all grants of felony probation come with a ban on using the internet. You can calendar the matter for…

QUESTION: She got caught bringing drugs and alcohol onto CMC prison in San Luis Obispo ANSWER: The shoplifting conviction won’t affect the calculus in the new case. But she almost certainly has a more substantial conviction, or she would not be in CMC. I believe her maximum theoretical exposure is 11 years if the charges…

QUESTION: Got a DUI then bought a car. Last week got pulled over and charged with no registration no insurance and suspended license. Should I get rid of the car ANSWER: I can’t answer your ultimate question, but I would advise you that a conviction of driving on a suspended license under VC 14601.2 may…

QUESTION: Want to put tittle in just my name ANSWER: This is probably the most impenetrable question ever asked on Avvo – which is quite a feat.

QUESTION: I got an FTA for a traffic ticket five years ago, although I got my original ticket dropped, I still had to pay for the FTA. I was never told it would be a misdemeanor, and I was never booked or fingerprinted, and I called my local law library and they couldn’t find any…

QUESTION: Got dui 9 years ago went to court and did my classes. Was to do 5 days in jail but a family death in other state and I never returned to serve. My license is still suspended the court said and the jail time is now 150 days? How can I resolve this issue…

QUESTION: 12 years ago i was ordered to attend DMV class.. now the san luis obispo county court’s satisfied ‘n my case is closed.. will dmv still require me to complete the class? ANSWER: I agree that you should call Mandatory Actions and ask them what they believe your obligations to be. Yet I get…

QUESTION: I am 18, never have done anything illegal and have a comepletely clean record. Not even a parking ticket. The security in the store told me I would not have to pay any fines since I have everything back and was fully cooperating and not to come into the store for 6 months. No…

QUESTION: I got a second DUI, bailed out, missed court date, tried to turn myself in and got turned away. It’s been over 4 years and I’m trying to get this taken care of so I can get my license back. I have not been in trouble with the law since. Need some advice. Thank…

QUESTION: He was sentenced 390 days for violation of felony probation and have 76 time served and and 38 days good behavior. He will be getting sentenced for 2 misdemeanors battery on person march 5th. This is in Kern county. Please Let me know! ANSWER: I don’t think anyone can answer that without have access…

QUESTION: Just received an arrest warrant in the mail, I missed my last couple of classes for dej and have not left my home for 2 months. I have depression and have not worked or been able to pay any bills please help. ANSWER: There are a few way to approach this. One would be…

QUESTION: In applying to purchase a firearm, the State of CA Dept. of Justice sent a firearm denial, stating that the recent firearm purchase application was being denied because the Department’s review of state and/or federal records revealed Fugitive from Justice information on the record. How does one A. obtain these records and B. expunge…

QUESTION: My ex-girlfriend bought me a gaming console about 2 years into our 6 year relationship and she recently grew bitter as things fell apart during our break-up. She went into my home without my permission and took my console. I’m upset because I have a lot of downloaded content onto the hard drive and…

© 2017 Peter Depew Website Design by TuiSpace

logo-footer