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GuessAgain

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Everything posted by GuessAgain

  1. Find the nearest law library that has computer access to Westlaw. Most county law libraries have Westlaw or Lexis or both. BTW, the court held that who was requesting had no bearing on whether or not the records should be released BECAUSE the requestor was involved in the underlying situation and was seeking to find out information regarding an ongoing investigation. He was arguing that because he was an interested party, he was entitled to the information while joe public might not be.
  2. That's entirely a matter of state law and procedure and you didn't identify your state.
  3. You didn't identify a state but I doubt it.
  4. You cannot appeal a conviction where you pled guilty. There's no requirement that a Miranda advisement be given at the time of arrest, or ever. It is only required when the police wish to interrogate someone after they are in custody. In your case, it's a nonissue. Whether or not you can withdraw your plea is a matter you should consult local counsel about.
  5. If mom's former spouse wants to try to keep the kids covered, that's his business. He's paying for it. If the custodial parent wants to obtain coverage for the kids, they are free to do so regardless. You can't sue to get someone to drop a policy. If the parent knows the name of the carrier, they can contact them directly about the change in circumstances.
  6. Adoptions are permanent and forever. One parent cannot "void" the adoption by the other parent.
  7. The statute of limitations is no less than 3 years in FL for any felony. Charges can be amended at any time up to the point that the case has been submitted to a jury.
  8. A police statement to the press is a press release, not an official record of anything. Even police reports are hearsay and not evidence. Whether or not the informant is reliable is something to raise in the trial court in a challenge to the warrant. That the informant is a drug user does not, in and of itself, make him unreliable. Your boyfriend needs a lawyer and if he's selling drugs, you need a new boyfriend.
  9. "It" is consolidation. The poster filed a complaint alleging A, B, and C which was dismissed sua sponte by the court, presumably without prejudice. He then filed a new case alleging D, E, and F. Het now thinks that A, B, and C add support to D, E, and F and he wants to include those via consolidation which he cannot do. The only way to add allegations in a dismissed case is to amend the complaint in the pending case.
  10. You didn't specify a state which is important information. Generally, if you are on a month-to-month tenancy and your rent is late, you landlord can start eviction proceedings. That you always pay eventually, isn't a defense. The rent is due on the day it's due and you are subject to eviction if it's not paid on that date. The landlord can withdraw the eviction IF you pay him in full by the date on the notice. In some states, if he accepts even partial rent, he has to restart the eviction proceedings. The reason he is rumored to want you out is irrelevant especially if you're late on rent. On a month-to-month, even if you paid on time, he only has to give you written notice in advance that he's terminating the tenancy--30 to 60 days depending upon state law-- and you will have to move out anyway.
  11. You can't consolidate a dismissed case with another case. Consolidation can only occur with another pending case. If you want to incorporate prior allegations, seek permission to amend.
  12. There's no such thing as a CA Supreme Court "bench memo" so I have no idea what you think you found. The court issues orders and opinions, period. Judicial notice is governed by Evidence Code sections 450 through 460.
  13. 0, zero. Once 18, you are legally an adult but not a day before.
  14. If the answer is filed before the request for default, the case will proceed.
  15. The officer had probable cause to pull you over for the registration. Because you didn't have a license to drive, he can tow the vehicle and do an inventory search of its contents with or without your consent. You're the driver and the sole possessor of the vehicle at the time of the stop. As far as the cop and DA is concerned, the drugs are yours. You have the right to a jury trial and your attorney can argue you didn't know any drugs were there. If the jury believes you, you walk. If they don't, you're convicted of a felony offense. If you cannot afford counsel, I'd suggest you request the court appoint counsel to you as soon as you appear at your arraignment.
  16. It's easier to have an attorney handle it but you can certainly try to do it on your own. The forms are available on the courts website at www.courts.ca.gov .
  17. Requests for transcripts are made directly to the court reporter. There would be no record of any such request in the court file. The minute order should reflect who the reporter was.
  18. The other possible option was to pay attention and not drive the wrong way down the road. Four lanes with opposing traffic have yellow lines down the middle. You had GPS, why not punch in for directions? The officer cut you a break by writing a less onerous ticket. Fight it and the charge can and likely will be amended to charge what you actually did. Take traffic school if it's an option.
  19. If you were out of custody and his other assigned defendants were in custody, the reason he appeared to spend more time with them is because he can't always see them at other times. You, on the other hand, could have made an appointment to speak with him or called him on the phone to discuss the case if you wanted to. At any rate, if you successfully completed probation, you can petition for expungment under penal code section 1203.4. As I already explained, it doesn't erase the fact of the conviction but it does hide it from public view. Whether or not an expungment will help in obtaining a state license is something you'll have to ask the licensing board. It's not an instant disqualifier but it is a roadblock. You can contact the public defender's office that represented you or any criminal defense attorney local to that court about handling the expungment.
  20. Was the registration sticker current? When it comes to drugs in a vehicle, possession means access or right of control. If you're the only person in the vehicle, you have the right of control whether the drugs actually belong to you or not.
  21. First public defenders are salaried employees of the county and aren't paid by which defendant they represent. Second, they can't walk on water and make charges magically disappear. Third, DA's make offers or they don't. It's not up to the defense attorney nor under their control regardless of whether they are a PD or private counsel. You didn't say exactly how you were arrested, i.e. were you in a car, walking down the street, etc. and exactly what code section you were charged with and pled to makes a difference. As to the conviction itself, they are forever. CA allows felony convictions where probation is granted and successfully completed to be expunged from the public record but convictions cannot be erased. The conviction still exists and would have to be disclosed when applying for any government job or for government licensing.
  22. Since you posted on the criminal law board, I'm assuming you are referencing a plea agreement between the defendant and the prosecutor. Assuming that is the case, the answer first depends upon whether or the charge was a felony or a misdemeanor. If a misdemeanor, there is no requirement that the plea be taken down by a reporter or recorded. If it was, unless someone specifically requested a transcript the only person that ever had it was the court reporter and they can destroy their records after 7 years.
  23. No. A conflict would be where the attorney had represented the husband or both of them as a couple at a prior point in time.
  24. I have handled 1983 cases where I had also represented the client in criminal court. Cases never got to trial and yes, I won. Unlike laypersons who think attorneys should just file suits whenever and wherever, I don't file any civil actions, especially those causes of actions if I don't think there's a good chance of winning. In civil rights suits involving police, it takes a lot of work and the investment of hundreds of hours to get the cases to a point where the government realizes that it's best to settle. Practicing law is my vocation but it's also the business that supports my family. Wasting time and money is not something I do for nothing.
  25. The ACLU is already litigating a cell phone search case in CA. One of the reasons they chose the particular case is because of the particular plaintiff and the basis upon which he was arrested. They won't take a case involving a cell phone search related to drugs. "Drawing knowledge" from ACLU cases is not the equivalent of having tried a case in federal court. Attorneys get slammed with sanctions when the court determines the case is frivilous. Unless the OK appellate courts, where the poster is from, have specifically litigated the issue of cell searches, there's no case to be had at this point and further arguing about it is useless.
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