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Everything posted by LegalwriterOne

  1. Yes, if the conviction is for a violent crime, you do 85%. ALL violent felonies are strikes. How many can you get struck? As many as the DA or the court decide to strike. They don't have to drop any of them. If you have 2 prior violent or serious felonies, it doesn't matter whether they were sex offenses or residential burglaries, the new conviction will get you no less than 25 to life in prison. It doesn't matter if the prior convictions also charged strike priors or not.
  2. You can try to convince the social worker and judge that your family is a good placement for the kids but you don't have legal custody, the state does, so you can't give custody to anybody else.
  3. Ha, ha, you guys are funny! It takes obtaining signatures of 20 percent of the voting electorate from the last election in order to get a recall on the ballot, not just 20 signature. That means you need over 233,000 signatures. Plus the judicial counsel will defend him and if they win, which they likely will, you'll end up paying for his defense. Good luck with that. If he's really bad, complain to the judicial counsel. They will investigate.
  4. See CCP sections 415.10 et. seq. at the following link: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20
  5. camtown said...One is would i have to testify against her? Why would the prosecutor call you? Did she say something to you that is contrary to what she previously reported to police? While you didn't identify the state, a majority, if not all,preclude evidence of a victim's sexual history and would certainly preclude testimony of subsequent sexual activity with someone who is not the person on trial. camtown said...And two would be would that could they use the fact that she is getting married against her? How is that relevant to whether or not she was raped years ago?
  6. You can try to locate him using the inmate locator at this link: http://www.bop.gov/iloc2/LocateInmate.jsp
  7. FutureLawyer07 said... he wants everything out of her name Do you actually blame her for that? FutureLawyer07 said... I don't want to be charged with identity theft. That is something you should have considered before you drove around town giving her name whenever you were stopped. As I see it, you have two choices, you can voluntarily come clean or wait for her to go to the cops and rat you out. If she's smart, she won't wait much longer to take action. Either way, you'll likely face charges. Putting points on her license can impact not only her car insurance rates but her job and credit rating. With friends like you.....Consult a local attorney.
  8. I've read some really funny things on these boards that make me laugh out loud, but yours takes the cake. The city government is not required to "register" with the secretary of state, nor are any of its public safety agencies such as police and fire. The city police as set forth in the penal code have full powers of law enforcement and if they wrote you a ticket for violating a traffic law, while you are certainly entitled to contest the issue in court, the issue you want to make is not a defense, nor is it even a viable issue. Consult local counsel.
  9. The time of the year has nothing to do with whether or not an eviction can legally be pursued. If the landlord has a basis to seek eviction, you can be evicted.
  10. A felony warrant of commitment authorizes the Department of Corrections to take custody of a convicted defendant.
  11. Contact your unidentified state's department of labor for information and assistance.
  12. http://courts.phila.gov/traffic/
  13. Governor Cuomo's proposal would reduce the possession of small amounts of marijuana in public to an infraction. It does NOT legalize growing AT ALL. It's NOT going to pass in this legislative session.
  14. The father's age doesn't matter. His kid, his responsibility.
  15. If someone posts cash bail, it's paid to the court, not a bondsman and when the case is concluded, the entire amount is generally returned.
  16. State laws are enacted by the state legislature passing the bill and the governor signing it. To change a law, you start with the legislators. Understand that they will not want to appear to be "soft on crime," or to appear sympathetic to convicted sex offenders so you've got an uphill battle.
  17. The judge only needs enough evidence to establish probable cause to believe that what the cops are looking for can be found at that location.
  18. You're confusing how the calculation is made for the amount of support vs. who the money goes to. It is goes to the custodial parent. How they spend the money is up to them. The child, the subject of the support order, has no say in that.
  19. Any state is free to enact laws that include the consideration of past criminal convictions as a sentencing factor for a new crime, even if the old conviction was not serious. It is still a conviction and they are forever. In CA, a minor petty theft conviction, no matter how old, can elevate another minor petty theft conviction to felony status.
  20. Yeah, buy the dictionary or go down to the nearest law library to look in their copy. A local community college that has criminal justice courses may also have a copy in their library.
  21. Felony charges are not all treated the same. It depends not only on what crime is charged but the procedures of the local DA's office. For some charges, if the DA files, the office could send the defendant a letter telling them to show up on a date certain. For others, warrants are issued that go into the system and would be served and the defendant arrested when warrant teams go out to round them up. Still others, the cops go out immediately and track the defendant down at home or work and arrest them as soon as possible.
  22. If you're out on unpaid medical leave, you're not going to get paid for any day, including holidays.
  23. Either go to the courthouse or look at one of the minute orders or other documents given to you by the court.
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