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GuessAgain

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Everything posted by GuessAgain

  1. You go there to the facility and talk to them about how to get in.
  2. Yes, it could. If there is a conflict, they need the court to relieve them and they might avoid contacting you. They wouldn't want you to tell them something that someone other than your counsel should hear....I always preferred to tell the client the office couldn't represent him but if I knew with reasonable certainty the client wouldn't let it go at that and would demand more information, I wouldn't call to advise ahead of time. In custody clients hardly ever find out about a conflict being declared until they're brought to court.
  3. They don't last long. PD offices don't tolerate them for long after the behavior is reported and recognized. There's too much other stuff to worry about.
  4. If that's how you interpret it, you couldn't be more wrong. The PD's in CA are some of the best criminal defense litigators in the country. Defense attorneys come from all over the US to participate and attend training seminars here. I was in trial a lot because I fight. PD's are in trial a lot because they fight. I won and continue to win because I'm good. They trained me. They supported me and they encouraged me. 15 years as a PD taught me how to spot an issue quickly and how to fight, when to fight and how to win. Sure, I didn't have time to become best buds with clients but I gave them my all and they knew it. I left because I hadn't had a vacation in 5 years and I was tired. I'm still in regular contact with a lot of PD's across the state. We talk to each other daily. You won't find a more dedicated group of criminal defense lawyers on the planet. You don't get a phone call because you're out of custody and not going to trial. They'll get to you when they can.
  5. When I was a PD, if I was lucky, I had one day every couple of weeks that was an "office day," where I had no court appearances and could try to catch up. On the days I did have court, I only had some time in the afternoons to prep for the next day and try to work on motions as well as trial prep. My weekends only consisted of one day to unwind, if I was lucky, because there was always court on Mondays. When in trial, that's all I had time to worry about and on more than one occasion, I had more than one trial going--running up and down stairs because one jury that was out had a question and I was picking another panel in another courtroom on another floor...On my office day, I drove out to custody facilities and tried to meet with my clients there that I hadn't had a chance to talk to or meet with yet. Since my clients weren't all in the same place, most of the time, even with a whole day of driving around, I didn't get to all of them. Out of custody, misdemeanor clients were at the bottom of my list of people to worry about. If they were set for trial in the near future, they were called first. If you aren't set for trial and there's no motion that needs prepped, I'd review your file the night before your court date and talk to you before your case was called. If you wanted your hand held, I didn't have time. If you called my supervisor to complain, didn't bother me. Go for it. Tell the judge if you want. He knows the PD's better than you do. He knows how hard they work. He sees them running hither and yon every single day.
  6. Section 46.2-921.1 of the Code of Virginia states: § 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties. A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subdivision A 1 or A 2 of § 46.2-1025 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. Consult local counsel.
  7. 1. They'll call you back when they have time. You are not the only case on that deputy's plate. He/she has trials to prep, motions to write and deadlines to meet. They are over-worked and understaffed and in the grand scheme of things when meeting with clients, in-custodies come first. 2. No. your rights haven't remotely been violated. If they don't get a chance to talk to you before the hearing date, you talk in the hall before the case is heard or put the matter over a week or two if you want time for a longer discussion.
  8. If this is your first court date, the court is probably going to order both of you to go see the mediator before anything else is heard or decided.
  9. Tax_Counsel provided you a link to the full statute which also lists all amendments. Your premise that the "case" happened prior to any amendments is totally incorrect. Had you looked at the full range of information at the link provided (which is the first thing someone doing "research" should/would do), you would note that the provisions of section 3663 have been amended multiple times both prior to and after September 1996. More importantly the enacted amendment effective APRIL 1996, all reference to any limitations was removed.
  10. Presumably the attorney would talk to you, yes. OTOH, if the court reappointed the PD's office, you'd have to wait until the case is assigned to a specific deputy. If that's the case, you can call their office and leave your contact information.
  11. See http://courts.ca.gov/selfhelp-divorce.htm
  12. Trusts are for property and money, not children. Wills are for estate assets, also not children. You can't will children. You can state your wishes in a will but should something happen to you, a court will decide what is in the child's best interests. If you have family, they can step in and take at least temporary custody pending court. If you die and no family is around to take the child, then CPS may place the child in temporary custody pending a court determination. Understand that by not seeking support or a paternity determination through court, you are ultimately creating more problems down the road than you think you are avoiding. You will need the father's consent to obtain a passport should you want to take the child to even Canada or Mexico for vacation. You can't use his failure to have contact or pay support when there hasn't been a court action declaring him the father and ordering him to pay support. He can step up at any time but if he doesn't the court won't hold it against him if he ever decides to.
  13. I'll make it simple for you and explain how it works. You were arrested. If not taken before a magistrate within 48 hours, you have to be released. If the police release you before the 48 hours without taking you to see the judge, they can have you execute a promise to appear which they did and you signed. There's NO requirement that the cops make you sign a promise to appear. They can just release you. When you showed up to court on the date you had promised to show up, the DA either had to have already filed the complaint or you'd be sent on your way. The DA has an entire year within which to file charges, NOT 25 days. If you didn't execute a promise to appear, they file them when they got around to it. As long as it's filed within a year of the date of the offense, it's valid. They may or may not send a letter advising that charges have been filed but an arrest warrant will go out. When there's a signed promise to appear, if they file charges after that date, they're supposed to send you a letter to that effect with a new appearance date. If you don't show up at that date, then arrest warrant issues. In your case, they filed the complaint before your appearance date, you showed up, a not guilty plea was entered and a pretrial date set which you didn't show up to resulting in an arrest warrant being issued. PC 853.6 was complied with and there's absolutely no basis for a motion to dismiss.
  14. You didn't identify a state and that is important. With that said, it's highlylikely that a court would find the down payment on the marital home to be a gift.
  15. 1. It is not the least bit uncommon for a court to order reimbursement for medical and daycare expenses or for the non-custodial parent to be ordered to cover at least part of the cost of extra-curricular activities. See www.in.gov/judiciary/rules/child_support/#g3. The judge didn't order you to pay cash. He just ordered you to pay. 2. You were served with notice of the hearing. You could of looked into being present by phone in the event the court denied your request for a continuance and you could have filed a response as well. The court isn't required to give you more time and can rule in your absence. 3. That's up to you to figure out. 4. Because you chose not to file anything with the court at the time it was occurring. All the court knows is the information provided by the papers in the court's file. No one on here can refer you to any attorney. There is a find a lawyer feature that you can use to search yourself.
  16. Nope. Under SC law, only offenses that fit into one of the following eight (8) categories can be expunged: 1. Dismissed, no-billed or nol prossed (not prosecuted) charges, and “not guilty” verdicts; 2. Charges dismissed after successful completion of the Pretrial Intervention (PTI), the Alcohol Education (AEP) or the Traffic Education (TEP) Program. 3. A 1st offense misdemeanor conviction for fraudulent check, if there are no additional convictions within one (1) year from the date of conviction; 4. A 1st offense drug possession charge for which a defendant received and complied with a court- ordered conditional discharge. 5. A 1st offense misdemeanor conviction which carries a maximum penalty of 30 days and/or a fine of $500: If there are no additional convictions within three (3) years from the date of the conviction; For a 1st offense criminal domestic violence conviction, the individual must have no other convictions within five (5) years from the date of the conviction; 6. A conviction under the Youthful Offender Act (YOA): A YOA sentence covers certain non-violent offenses committed by persons under the age of 25; Must have no other convictions within five (5) years after the completion of the YOA sentence, including probation and parole. 7. A 1st offense misdemeanor conviction for failure to stop for a blue light, if there are no additional convictions within three (3) years after the date of the conviction. Additionally, even if you were eligible for expunging any of your OUI convictions in SC, that would have absolutely no effect on the license suspension in MA. Consult local counsel about what other options, if any, are available.
  17. Bureau of Security and Investigative Services. See http://www.bsis.ca.gov/
  18. "is there a judge...." there could be. Being a convicted felon does not make anyone unfit to parent their child.
  19. Only the state where the conviction occurred has the power to do anything. Expungement is not available in VA for convictions, misdemeanor or felony. For information on seeking a pardon, see commonwealth.virginia.gov/applications/pardons/
  20. In the situation presented, the roadblock and trunk checks were legal.
  21. Probably not BUT why do you think anybody would believe her new version of events vs. what she originally told police?
  22. If you can't clear the intersection before it turns red, you don't enter the intersection. CVC 22526: (a) Notwithstanding any official traffic control signal indication to proceed, a driver of a vehicle shall not enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side. ( b ) A driver of a vehicle which is making a turn at an intersection who is facing a steady circular yellow or yellow arrow signal shall not enter the intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side.
  23. If you have yet to receive your W-2 forms by February 14, contact the IRS at 1-800-829-1040. Be prepared to give the IRS your name, address, phone number, Social Security number and employment dates, as well as your employer's name, address and phone number.
  24. Who had primary physical custody?
  25. First, there's no such thing as an "informal marriage." I'm assuming you mean a common law marriage. If that's the case how did your friend allegedly form a common law marriage with the other person in TX if your friend never lived in TX?
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