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  1. CdwJava

    Fake speeding tickets! BEWARE!!!!!

    Lawprofessor, in the interest of clarity these are not items sent out by enterprising thieves, they are sent out by the police departments and agencies operating the red light cameras. When a vehicle is identified as violating a red light covered by one of these cameras, the local jurisdiction...
  2. CdwJava

    Shoplifting, Larceny, Robbery, Theft Diversion case burried or still alive?

    If you were never booked (taken for photos and prints), and never had to make a plea before a court, then the record should not show up on your CORI (rap sheet). If it does show up, it would be an entry unsupported by any documentation and could not be held up as a prior. Understand that a...
  3. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication 647(F) PC Disorderly Conduct: Intox

    Many of these arrests are considered resolved by the arrest and never pursued by the DA. If you cannot afford an attorney, one will be appointed for you at or about the time of arraignment. And, you may find that at the arraignment, the DA will choose not to pursue the matter.
  4. CdwJava

    Assault & Battery Rape,Aggravated Assault,Battery&Cruelty to Children

    Without knowledge of the specific statutes he has been charged with, no one can say what is likely bail might be. And even if we did know, there are a number of things that can effect the judge's decision in the matter. Have you called the jail to find out if there is already bail? It is...
  5. CdwJava

    Drug Crimes, Substance Abuse Illegal Search?

    Yes, hiring an attorney would be a good idea. He or she might know of nuances in state law that address roadside searches for alcohol based upon an odor. I don't know the status of the law in Utah, but the odor of alcohol emanating from within the vehicle is very likely to grant the probable...
  6. CdwJava

    personal belongings accidentally left in hotel room, hotel claims not their problem

    Many hotels in CA have a liability of no more than $250 for lost suitcases (reinforced by Civil Code section 1859). Whether this also applies because they said they had your bag, I can't say. But, the burden would be on YOU to prove the value of the bag and its contents whatever their coverage...
  7. CdwJava

    Juvenile in school being asked to give a statement without a parent present

    And, depending on the situation, if the child fails to cooperate with the school authorities he might find himself subject to school discipline. This may or may not be the case in the OP's state, but in many states it is.
  8. CdwJava

    child molestation

    The GA law at the time required that the victim be UNDER age 16. So ,"aggravated" would not appear to apply. Also, if you wish to inquire as to how a person might be convicted without victim testimony, consider starting your own thread with an appropriate question. Necroposting is considered...
  9. CdwJava

    Assault & Battery " no-contact-order &

    It is interesting that you KNOW that she wants the order modified and go to counseling even though the two of you are to have no contact. From the sound of things, you have already violated the no contact order! Understand that YOU are in violation of the order even if SHE initiates contact...
  10. CdwJava

    Shoplifting, Larceny, Robbery, Theft False shoplifting charge due to mistake

    Well, the state must prove the defendant had an intent to deprive in order to gain a conviction for theft. Probable cause, of course, is a different animal. The "I forgot" defense may not work, but the state still has to establish intent in some small way. Most often this is done by simply...
  11. CdwJava

    Drug Crimes, Substance Abuse possesion of meth charge. stopped for nno reason

    Possession of meth is, essentially, a non-crime in CA since you have the opportunity for diversion through Prop 36, Drug Court, or PC 1000 anyway. Unless they are charging you for transportation, it's not that big a crime ... unless, of course, you want to keep using. If you want to keep...
  12. CdwJava

    Drug Crimes, Substance Abuse what to do

    They cannot simply fish like that. However, if they had some other reason to believe he was unlicensed the stop would be good - such as recent contact, ran his name and it came back without a license, etc. Of course there may be some other reason for the stop besides what they said to your...
  13. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication 2nd MIP

    Specifically, what statute was he cited for each time? (The code sections) If he has a problem with alcohol, then it might behoove him to get the counseling for himself - even if not specifically to please the court.
  14. CdwJava

    Shoplifting, Larceny, Robbery, Theft Shoplifted as a minor

    Court might be a very minor manner if there are alternatives that you can plead to as previously suggested. Even if there is no diversion available, after you have turned 18 and you have completed all the terms of any probation, you can petition the court and ask that your record be sealed...
  15. CdwJava

    Assault & Battery Battery Misdemeanor - no charges filed - is arrest public record?

    Yes, it is a public record, but, no, it is not widely publicly available. If you were booked into the county jail, the record of the arrest can be a publicly accessible record. The police report is not easily accessible and would likely be withheld from public release. You can petition to...
  16. CdwJava

    Arrest, Search, Seizure, Warrant arrest, arraignment, wrongful arrest

    What were you arrested for, and when were you arrested? When did you actually see a judge? Or, were you released prior?
  17. CdwJava

    Restraining orders

    While the court does not go out of its way to monitor the interactions between the protected and restrained parties, when/if it comes to their attention the penalties can be harsh. Keep in mind that while the protected party may be okay with contact right now, that can change without notice...
  18. CdwJava

    Pulled over & arrested on "small town" knowledge only! PLEASE KEEP READING...

    What are you talking about???? And why post on a 6 month old thread?
  19. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication California MIP - where to start

    This is technically a misdemeanor punishable by up to 6 months in jail and/or up to $1,000 in fines. Chances are this will be filed as an infraction in traffic court and not as a misdemeanor in criminal court where they will incur the added expense of a jury trial. Your friend will know for...
  20. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication California MIP - where to start

    What is the specific code section for which he was cited? If for B&P 25662 then he faces 24 to 32 hours of community service, a fine of $250, and will result in a license suspension.
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