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  1. CdwJava

    Assault & Battery Assaulted & disabled

    Not that voluntary intoxication on drugs or alcohol will be a legal defense in almost any state.
  2. CdwJava

    Assault & Battery Assaulted & disabled

    Clearly the officer had another version of events that placed you as the aggressor. He was either provided this information or evidence of some kind indicated that you were the aggressor and not the other guy. What code section(s) were you charged with?
  3. CdwJava

    Criminal Records, Expungement How to expunge a dui in California from 2010

    Understand that an expungement generally changes the disposition to "dismissed," the record is NOT purged (i.e. destroyed). So, it won't go away. And, considering there is a ten year look-back period for DUI, there may be some reluctance for the court to dismiss it.
  4. CdwJava

    Consumer Fraud Department store merchandise malfunction

    And your damages are ....??? Simply having some powder go everywhere doesn't mean you have a claim for anything more than your money back. Until you have more to go on, it seems your claim will be the value of the item that fell apart.
  5. CdwJava

    verbal commitment

    It can be ... but, can you prove it in court?
  6. CdwJava

    Citation out of state for not being a licensed driver, I am licensed.

    Is that what he told you? Is that what he will put in any report or testify to in court? Doubtful. You may not know the reason, or he may not have told it to you, but you can bet that he will claim an objective reason to have made the stop. Of course, he doesn't have to tell you why he's...
  7. CdwJava

    can I keep my baby if I hace a cps case open

    So, when you delivered SHE tested positive for meth.? Or did YOU test positive for meth.? Or, both? Wow ... you chose the dope over your child. How long have you been clean and sober? Same dad? Is either father in your life? Is either a responsible adult, or are they also users? Why did...
  8. CdwJava

    child molestation on a child of 4yrs

    When you say she has told the same thing to the authorities, what authorities are we talking about? The best thing to do would be to contact the police. Understand that there can be many reasons for her saying what she is saying and they do not all have to do with anything bad being done to...
  9. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Help?

    No sobriety test is required. The odor of alcohol in conjunction with at least one more factor is sufficient for a conviction. (b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the...
  10. CdwJava

    Runaway

    Uh ... it tastes good in orange sauce?
  11. CdwJava

    possession cocaine

    Your attorney will know what to do. And, it may not be possible to beat the charge ... particularly if you wrote a statement admitting to knowledge of the dope, or even actual possession. I suspect that a plea deal may be in your future. If you do NOT do drugs, it's time to get new friends...
  12. CdwJava

    Runaway

    FYI ... It is a status offense in CA as well per W&I 601, but, it is not a "crime." And, the law in CA permits the courts - through Juvenile Probation - to intervene if such a child is incorrigible or continues to be out of their parents control. In other words, a 601 offender can transition...
  13. CdwJava

    possession cocaine

    Did you write out a confession admitting to possession? Understand that possession is NOT about ownership, it is about dominion and control. If the state can show that you knew about the drugs and could exercise control over it, then you can be found guilty. Even writing a statement saying...
  14. CdwJava

    Own home and husband will not let son live in home

    Given this response, it seems to me that your issues are with your husband and not about your son. Even if your son was not an issue here, it sounds as if your relationship with your husband would still be in the tank. The issue with your son simply seems to be the cause you will stand on to...
  15. CdwJava

    Roomate My landlord tells everything that happens in my house.

    The police will say, "Sorry, this is a civil matter." The police are not going to sweep the residence for bugs. They are not going to talk to the landlord about gossiping about you. They are not going to care that the landlord showed or gave your roommate a copy of the lease and your DWP...
  16. CdwJava

    Runaway

    In which mom and dad can simply un-enroll him or withdraw any financial support until he returns home. If reported as a runaway to the school, he could very well be picked up in class and returned home if the law in the OP's state allows it.
  17. CdwJava

    He ran a away with her and bought her back...

    When you say this person is your "ex" do you mean an ex SPOUSE? Or, merely a sexual partner who got you pregnant? There is a difference. If you were unmarried, has paternity been established through the courts? If no paternity has been established, it might be that you can get the court to...
  18. CdwJava

    Own home and husband will not let son live in home

    As has been stated, this is a difficult situation. But, it might be that for reasons of your own (guilt, sense of responsibility, etc.) willing to make your own home life untenable or impossible by bringing a problem back into your home. You say your son wasn't "ready" ... when will he be...
  19. CdwJava

    legal

    It depends on the type of case. Usually, the first step would be to appeal the court's decision to an immediately higher court. Which higher court would depend on whether your matter was heard by a Minor Court, or a Court of Common Pleas. If a Minor Court, you generally appeal to the Superior...
  20. CdwJava

    Runaway

    I'm curious how a minor could enroll in a university without parental permission? He certainly could not enter into a contractual arrangement, so just HOW is this happening?
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