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  1. CdwJava

    Assault & Battery False Felony Domestic Violence charge

    IF it goes to trial, she could be called as a witness at the preliminary hearing (if you are charged with a felony) and probably will be called at the trial itself. Other than that, she does not need to be present for most motions or conferences that might occur in the pre-trial stages. She...
  2. CdwJava

    Assault & Battery False Felony Domestic Violence charge

    The difference is that YOUR letter is worthless because she can claim later on that she agreed to it under duress, and the letter from the DA or the Sheriff's Department is from an unbiased executive entity (usually it's the DA because we're kinda prohibited BY LAW from dissuading a victim from...
  3. CdwJava

    Shoved by a teacher in class - College

    I agree that a civil suit without injury is probably going to be a case of throwing good money after bad. You also have the option of reporting the battery to the police. But, being a misdemeanor without any injury, it might very well go unprosecuted depending on the workload of the police and...
  4. CdwJava

    Speeding ticket 30 MPH over speed limit

    It depends on the state. Some states allow an arrest for traffic offenses involving speed, others - like CA - generally do not. And, in CA speed alone cannot be used to charge for reckless driving - it must contain some other element(s) in addition to the speed. And, reckless might not...
  5. CdwJava

    Criminal Records, Expungement Can I expunge a shoplifting arrest

    Some states might allow you to have an arrest record purged if you were not prosecuted. What state are you in?
  6. CdwJava

    Alcohol & Drugs: DUI, DWI What if I don't agree to a breathalyzer?

    Additional ... just got notified today that SB 717 was signed on September 20th that modified CA PC 1524 to allow for the issuing of a search warrant for compelled blood draws. So, it seems that we can now obtain these warrants for compelled blood draws for DUI. (This leaves compelled blood...
  7. CdwJava

    Burglary, Arson, Home Invasion Burglary with intent

    What state? What code section(s) has he been charged with? Does he have any prior convictions? Was there a weapon involved? If so, what?
  8. CdwJava

    will bankruptcy release my suspended licence

    Uh ... no. Depending on the state, and the type of bankruptcy, the debt MIGHT be handled through whatever plan is approved by the court, but you still have to satisfy any fines and fees and then pay to get your license reinstated. So, even on the off chance that all or some of the extraneous...
  9. CdwJava

    Alcohol & Drugs: DUI, DWI What if I don't agree to a breathalyzer?

    You can refuse to take the PBT (a handheld screening device) in the field when offered as part of the field sobriety tests, but you cannot legally refuse to take a chemical test after you are arrested. A refusal can result in a license suspension for up to 12 months even if you are not later...
  10. CdwJava

    Drug Crimes, Substance Abuse marijuana charge. didn't consent to search

    They probably smelled the marijuana which likely gave them sufficient cause to conduct the search. Marijuana has a rather distinctive and pungent aroma to it.
  11. CdwJava

    Shoplifting, Larceny, Robbery, Theft Civil Right Violations?

    You might have a claim against the business ... maybe. Or, you might simply have a personnel complaint. But, no 4th Amendment issue as the store employee is not a government actor.
  12. CdwJava

    Security Harassment

    What state are you in? How did you get into the apartment? How do you get a permit? You do realize that private property owners can establish most any rule they please, and if you do not comply they can ask you to leave, right? if they don't want pictures, then you can be asked to leave...
  13. CdwJava

    Would like to get religous propaganda removed from a federal website

    Honestly, the issues presented in the videos are of the sort championed by the ACLU, so assuming there was no clear position of the NPS advocating for people to make a religious or lifestyle choice, they are not likely to get involved. The videos appear to be well within acceptable legal norms.
  14. CdwJava

    Would like to get religous propaganda removed from a federal website

    The context and content of such things is important, hence the reason I asked. I note that at the very top of the page there is a disclaimer as to the source of the videos and why they are there. Being that the park service is also tasked with education activities, and these videos would...
  15. CdwJava

    Would like to get religous propaganda removed from a federal website

    What, exactly, are these "propaganda" videos? What is it that you consider "religious?"
  16. CdwJava

    My fiances was raped at 7 years old.

    YOU do not seem to understand - YOU are a legal NON-entity in this! YOU are not a witness nor in any way involved. Your only part in this is to be emotionally supportive. Disagreeable was correct - there is no "WE" in this. As far as the legal aspect goes, there is her, the suspect, and any...
  17. CdwJava

    Kidnapping, Unlawful Detention High Profile Terrorism, Conspiracy, Kidnapping, Murder Entrampent Case

    You are assuming, of course, that entrapment occurred and that the idea did not originate with the suspects. If the idea originated with the suspects, and the government actors merely made available the means to pursue those goals, then entrapment becomes less viable a defense. I can only...
  18. CdwJava

    based on a phone call

    That is quite a broad question tnat cannot be answered with any ease. In general, if CPS feels that the allegations and supporting evidence (claims, physical evidence, corroborated interviews, among others) are sufficient to show that the child faces a likelihood of continued harm if permitted...
  19. CdwJava

    Rights regarding the Homeless: Camping

    And even if you DO get permission from a property owner, camping (at least for prolonged periods and without adequate facilities) may also be prohibited in the city. You do not have a "right" to pitch a tent on the property of others, to obstruct public ways, leave filth, excrement, or other...
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