QUESTION:got pulled over, the cop had my friend take my car, gave me a ticket and let me go.ANSWER:You can send an attorney to appear in court without you pursuant to Penal Code Section 977. Unfortunately, you can’t read too much into being cited and released. The fact that you weren’t taken to county jail…
QUESTION:I have been applying at several jobs and this charge is causing me to Mia out in opportunity. I’ve never been arrested or anything in my criminal record and Thea happens 7 years ago almost to the date. About 2 weeks away. I cant get a solid answer on when and if they will remove…
QUESTION:My son lives in my house and is on probation has a restraining order against him by the court for his baby’s mom. The order is no contact and it’s for her and the baby to not talk see contact my son. I got home tonight and they were both here with the baby. Is…
QUESTION:I was charged with a misdemeanor in San Luis Obispo County for a bounced check from a local pizza place. I didn’t know about it or forgot but it was years later that it caught up with me. I lived out of the area and drove back to attend court and paid the full amount…
QUESTION:So I found out that I committed a crime with out knowing at the time. After I found out it was a crime I stopped and got rid of it. Some people found out and I don’t know what to do. Should I go to the policeANSWER:As I’m sure you’re aware, your question is lacking…
QUESTION:The penal codes are PC368(e) & PC484G(a). I had stole a elderly’s credit card from my job, i admit It was me, i didnt get arrested i was told getting a letter through the mail with a court date, im worried i will do time.ANSWER:My advice would be to not speak with the police and…
QUESTION:I plead no contest to a DUI 7 year ago. I’m currently going to school to become a teacher. By the time I’m done it will be 10 years and I will be able to have it expunged from my record. I know I still have to report it on a job application, but will…
QUESTION:The result of suspension was from DUI six years previous.ANSWER:On a charge of VC 14601.2 there is a minimum of 10 days jail, installation of an interlock device, and fine of $300 (in practice the fine is substantially greater because of penalties and assessments). If you re-obtain your license before your case resolves, you will…
QUESTION:If I was sentenced to 2-6 yrs jail for sales which I was only the passenger in the car mind u. but got put on a cruise waiver after doing 3 months in county jail. But wanted to b released so I took the deal and recently was sentenced to do a drug program and…
QUESTION:I’m going through a divorce and my ex had me arrested for domestic violence against her, which isn’t true. She told police that the mark on her neck was from me, but in reality, she got it filling the big dumpster we rented to clean out the house and garage. She even told me that’s…
QUESTION:Well i went to court to modify my probation informal probation for receiving stolen property and they said due 90 days swap and it would take care of my fine. Well the fine was way cheaper then doing swap so I just paid my fine and never did the 90 ankle monitoring but now I…
QUESTION:I got caught and arrested for trying to steal $300 worth of clothes at target, the cop arrested me and gave me a court date. Question is what would the worst/ best outcome? I’ve never been arrested before and my record was clean. Also would this affect any jobs I may apply for?ANSWER:If you have…
QUESTION:My son was just arrested yesterday for a 1203.2 PC . I need to know what that means exactly.ANSWER:It signifies a violation of a pre-existing grant of probation from an earlier criminal case. A violation can occur for many reasons depending on the terms of probation. The most common violations are for non-reporting to a…
QUESTION:First time hit and run. Property damage.ANSWER:Assuming that you cannot beat the case for lack of evidence or have it dismissed through a civil compromise, VC 20002(a) is punishable by between 0 and 180 days in the county jail, a fine, restitution, and a period of probation. If there are no factors in aggravation and…
QUESTION:If I’m found guilty am I more likely to get maximum sentences? If convicted this will be my second dui in 3 years. If found guilty is there a chance I could get house arrest instead of jail time. I have a family to support and cant afford the time off workANSWER:The chances of you…
QUESTION:Just received a letter from California with arrest warrants for battery, drinking in public, under the influence and unlawful collecting/removal/hauling of garbage from California for offenses that happened before 1999 been living in Washington state since October of 1998.ANSWER:If the charges are all misdemeanors, a private attorney can likely get the warrant recalled without you…
QUESTION:on July 2, 2015, our place was raided,we had 1/2 gram siting all the bed with pipes (that’s all we had) but they came upon 7.34 grams(I know how that got there) we didn’t know that the CI wore a wire on two different days June 26 and 19th of 2015. We were booked in…
QUESTION:I received an administrative citation for public urination in San Luis Obispo County in October 2015. I was wondering if it was worth paying to expunge since this is the only thing I have on my record (besides two traffic tickets).ANSWER:It is worth doing, though. Most infractions are non-criminal matters and usually don’t warrant expunging….
QUESTION:Our home was raided by police with a warrant they found 7 gm of meth. All that was in the house was a half gram. Where the rest come from i can only guess. we bailed out waiting for court but D.A. never filed charges on two different dated. Case dismissed. All most 2 month…
QUESTION:There are no new charges and,its a 1st violation,can they enforce a 3yr suspended sentenceANSWER:Yes. I’m not aware of any violation so minimal that a suspended sentence cannot be imposed. The manner in which the sentence was suspended can sometimes be indicative of the likelihood of probation being terminated unsuccessfully on a first violation –…
QUESTION:Pleaded no contest to PC 182 (a)(1) 8 years ago. Conspiracy. Is this felony a wobbler? Can it be lowered to a misdemeanor? If so, what are the steps, thank you!ANSWER:I believe the felony can be reduced to a misdemeanor pursuant to Penal Code section 17(b) and then expunged pursuant to Penal Code section 1203.4….
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…
