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  1. CdwJava

    Fix-it Ticket - now out of state

    She might also want to consider the possibility that as a result of her failure to appear in court her license was suspended. If her license was suspended in CA for a failure to appear it might eventually be suspended in WA when it is reported to them. This is something she might want to take...
  2. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Alcohol in a car that wasnt mine

    What was the code section written on the citation? And how did the police find the alcohol in your trunk? Were you driving when you were stopped? Were you parked in a lot or a field and having a tailgate party? What were the circumstances? Not a brilliant move on the part of the officer to...
  3. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Minor being cited for an underage.

    Rude, to be certain, but he is under no obligation to stop talking to you or even calling you names simply because you ask him to. You or your parents can make a complaint to the agency. Sure. Your attorney can make a motion to suppress any statements made in the interrogation that might be...
  4. CdwJava

    Does eight weeks after a case started mean they have no case?

    An 8 week investigation in a case that is years old is nothing. Do not presume that no obvious action to make an arrest in 8 weeks in an indicator that you are in the clear. As mentioned, if contacted by the police consider your right to remain silent and contact an attorney.
  5. CdwJava

    Shoplifting, Larceny, Robbery, Theft I am 19 years old and this is my first offense of stealing at JcPenny

    I have to agree with MM. There are a number of reasons that might justify a custodial arrest for petty theft - most common among those reasons is a lack of ID, OR a prior record for theft. Some agencies will phone into their Records' unit to find out the past criminal history ... until last...
  6. CdwJava

    Shoplifting, Larceny, Robbery, Theft I am 19 years old and this is my first offense of stealing at JcPenny

    I suspect you were charged with PC 488/490.5 ... though this could ultimately be charged as an infraction if the value was below $50. If charged as a misdemeanor or, on the off chance it is filed as felony burglary, the court will appoint you legal counsel if you are unable to afford your own...
  7. CdwJava

    Criminal Records, Expungement how can i get my record sealed for promotion

    Start here: http://www.courts.ca.gov/1070.htm You cannot "seal" your record, but you might be able to get some of your convictions expunged (i.e. reduced or dismissed). It will take time, and will definitely not be over night. The bottom line will be not to lie to a prospective employer...
  8. CdwJava

    search of vehicle

    And it would be silly to run an attack dog around a car looking for drugs. If it was a dog NOT trained to detect drugs, then there would be a host of problems ... though that does not appear to be an issue here. I have to assume that it was a drug dog that was run around the car. A lawful...
  9. CdwJava

    search of vehicle

    The answer to the OP's original question as to whether his rights were violated is, "Maybe." I don't see that anyone said the question of what is found inside the car changes the legality of the search. But, the content of the substance within the car might explain the alert by the dog and...
  10. CdwJava

    search of vehicle

    First off, what was the original stop for and how long were you detained while awaiting the K-9? Second, where was the bottle and what did the cold medicine contain? Whether anything can be done or not depends on a number of factors. Since there appears to be no evidence of a crime...
  11. CdwJava

    Shoplifting, Larceny, Robbery, Theft Caught with store product

    You may or may not be charged. Until you hear from the police (for a statement), the DA or the court (via summons or warrant), you do not have to act on anything. If you are charged, you have the right to remain silent should you choose. You might consider providing your side again to the...
  12. CdwJava

    Used Car Dealership: Tracking device placed on car

    That's what I 'm thinking - an anti-theft device of their own. I doubt they have any real care what is done with a car that someone else owns.
  13. CdwJava

    Used Car Dealership: Tracking device placed on car

    What do you mean by a "tracking device?" How do you know that such a device is on your car? Do you own it, or are you leasing/renting the car?
  14. CdwJava

    Arrest and car taken on federal land

    Was this on reservation land? When you drive on a suspended license, there are a number of theories under which your car might be searched. As an inventory prior to an impound, for one. To attempt to locate paperwork such as insurance, ID or registration can be another reason. If...
  15. CdwJava

    third degree theft

    The Civil Demand is separate from the criminal matter. It is possible that BOTH could be applied. However, in this case - since the police were not called - it is likely that you will face ONLY the civil demand. As previously indicated, a failure to pay the civil demand could result in the...
  16. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Minor in Possession

    Please start your own (new) thread. Include the code section(s) for which you were cited, and whether the prior offense was for the same offense and within the same jurisdiction.
  17. CdwJava

    Drug Crimes, Substance Abuse 911 Call

    Consent not freely given is NOT consent. If you gain consent by concocting a story that gives the impression that denying entry is NOT an option, then it is NOT consent, pure and simple. Probably just fine. However, the OP stated the following: "They said they had a domestic call wanted to...
  18. CdwJava

    Vehicle impoundment law

    And just what part of the Constitution has been violated by impounding your vehicle as a consequence of driving unlawfully? Note that a lawful impound must not only meet a statutory obligation but must also meet a community caretaking standard. If the illegal driver wanted to, he or she could...
  19. CdwJava

    Vehicle impoundment law

    The presumption of innocence has to do with criminal matters. This is not a criminal hearing. In this case, it is about due process - a process which you took advantage of. The way to avoid this situation is not to break the law by driving on a suspended license.
  20. CdwJava

    Drug Crimes, Substance Abuse 911 Call

    But, the probable cause for the warrant was obtained AFTER entry was made. If the ENTRY was unlawful, then the probable cause in support of the warrant will almost certainly be suppressed. I agree that the entry and subsequent warrant are almost certainly valid. But, IF the contention that...
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