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  1. CdwJava

    Criminal Trials, Hearings the 5th amendment, can it be used then taken bac for trail?

    So, the victim of an assault with a semiautomatic firearm took the stand to plead the 5th? Makes me wonder what the victim was involved in ... drug deal gone bad? Gang war? What? So, these statements were at the preliminary hearing? Okay, so, the defendant never shot at or threatened anyone...
  2. CdwJava

    Confessions without representation

    If not in custody, a person can generally be interviewed without Miranda. And, as previously stated, yes - a person CAN admit to a felony without ever being offered representation.
  3. CdwJava

    Assault & Battery assaulted and spit on

    If you fear that she will continue to come after you, look into getting a restraining order. But, if the witness (your boyfriend) refuses to tell the police that she assaulted you and she denies the assault, then there is really no way to prove the matter. Likewise, I think you will not be...
  4. CdwJava

    Speeding ticket near San Franciso + 25MPH

    You might also have been thinking of the 25+ not being eligible for traffic school by the clerk of the court. I know that in some states a speed of X miles an hour over the limit can be considered "reckless" as well (not in CA, though), and that could be a more serious crime.
  5. CdwJava

    Speeding ticket near San Franciso + 25MPH

    I have never heard of 22349, 22350 or 22356 ever being filed as a misdemeanor. In fact, I do not believe it is even legally possible. By definition, they are infractions: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=39001-40000&file=40000.1-40008
  6. CdwJava

    Speeding ticket near San Franciso + 25MPH

    What code section was cited? Is your son under age 18? If he is, then you may be required to attend court with him, anyway. In no instance will you be permitted to speak for him or in his stead. If you wish for someone to speak on his behalf, you will have to pay for an attorney to...
  7. CdwJava

    Prison, Jail When will my boyfriend REALLY be home?

    Well, the attorney could have been wrong as to how his credits applied towards the time he had to serve. About all you can do is check with your boyfriend via mail or visitation, or, contacting his attorney and having him look into it (if he will). As for the charges, are you sure they were...
  8. CdwJava

    marriage

    Okay, well, while such restraint is admirable, keep in mind that while underage sexual intercourse is not a registerable sex offense in CA, much of the associated activity IS! So, if you have engaged in anything beyond a stolen kiss and holding hands, sexual conduct can land you in jail and on...
  9. CdwJava

    landlord trying to evict me because of marijuana smoke

    Keep in mind that if you are in federally subsidized housing (section 8), you can also be booted simply for possessing marijuana whether legal in CA or not. The feds do not recognize marijuana as medicinal or legal, so possession and use can get you booted. If you are paying your own full...
  10. CdwJava

    marriage

    Then marriage will definitely not happen.
  11. CdwJava

    marriage

    Sure, it is POSSIBLE, but it is also possible that I can be a successful write-in candidate for President. Legitimate applications for emancipation in CA are granted only once in a blue moon, so the odds of a judge granting emancipation and permitting a marriage are slightly greater than nil...
  12. CdwJava

    Should I pay this $500 civil demand?

    With the justice system slammed to a halt due to declining budgets and shrinking resources, prosecutions for property crimes are exceedingly unlikely in many states - especially in CA. As a result, civil suits and civil demands have become the most common recourse that a retailer has against...
  13. CdwJava

    Should I pay this $500 civil demand?

    Not at all true. Depending on the product and the nature of the item returned, it may not be able to be resold. There is also a cost associated with the detection, apprehension, pursuit and prosecution of the offender borne by the merchant. That is what the civil demand is designed to help...
  14. CdwJava

    Credit Cards, Rating, Repair Spouse signing check to self without my knowledge

    Are these joint accounts? Are you legally separated? If you believe a crime was committed, have you called the police? Keep in mind that the fact that you are married may pose some difficulty in showing that any crime occurred absent some extraordinary circumstances.
  15. CdwJava

    money order scam

    The bottom line is that you do not KNOW if they are valid ... and, dollars to donuts, they are NOT! If you try to use them to take money out, you will be liable for the entire value plus penalties/fines/fees and potential CRIMINAL charges. DO NOT DO IT...
  16. CdwJava

    Oregon child problem

    It will depend on the availability and acceptability of family in Oregon, and whether family reunification is feasible. If mom tries and fails, then grandma has a good shot at adoption. But, if the child is merely in foster care and mom is in transition (taking classes, court-ordered testing...
  17. CdwJava

    Oregon child problem

    How about the FATHER filing for custody? Or, is dad about as (apparently) useless as mom? For grandma to have a shot at custody, the authorities would first have to step in and remove the child from the home. Grandma might then be able to apply for temporary (foster) custody. If mom is...
  18. CdwJava

    ran a red light, plead not guilty, how should I handle this?

    The only guarantee you might get for traffic school is when you attend court and plead guilty. Very often the court clerk or the judge/commissioner will tell the defendants that if they are otherwise eligible for traffic school, a guilty plea may well guarantee that result. There is no...
  19. CdwJava

    Drug Crimes, Substance Abuse 11357 (c) hs

    Here is the offense: 11357(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred...
  20. CdwJava

    ran a red light, plead not guilty, how should I handle this?

    No prosecutor. Traffic citations in CA are filed directly with the court and are not required to be passed through a prosecutor. In some counties the DA or a city attorney MIGHT be assigned to offer deals the day of court for some traffic matters, but this practice is exceedingly rare and...
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