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false charge listed - not the usual circumstance Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by Mmurf, May 27, 2022.

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  1. Mmurf

    Mmurf Law Topic Starter Member

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    when I say we I am referring to his lawyer. again, trying to save time typing.
     
  2. Zigner

    Zigner Well-Known Member

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    What is the penal code he is charged with violating?
     
  3. Mmurf

    Mmurf Law Topic Starter Member

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    a time saving tactic that has no relevance to the question I'm asking.
     
  4. Mmurf

    Mmurf Law Topic Starter Member

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    487(a)- count 1
    496(a) - count 2 and 3 and 4
     
  5. Mmurf

    Mmurf Law Topic Starter Member

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    again, had the attorney done his job correctly I wouldn't be here. lets stop with the back and forth and get back to the original question, please.
     
  6. Mmurf

    Mmurf Law Topic Starter Member

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    count 1 - 497a
    2,3,4 - 496a

    the same items, btw. same event.
     
  7. Mmurf

    Mmurf Law Topic Starter Member

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    would that still be the same since he didn't get out of cya until he was 25?
     
  8. army judge

    army judge Super Moderator

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    There is no WE.

    If the defendants is male, there is only HE.

    You can assist your relative by hiring a good criminal defense attorney to represent him.

    As for the CYA case, you can speak with a few CA licensed criminal attorneys.

    Again, only HE can bring a lawsuit.

    However, I suggest you advise him to focus on the current criminal CHARGE, if he desires to remain among the free.

    Fare well, citizen.
     
  9. Mmurf

    Mmurf Law Topic Starter Member

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    I was thinking it might be beneficial to clear up the mistake first to reduce enhancements I'm case he loses the current case.
     
  10. Mmurf

    Mmurf Law Topic Starter Member

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    you know, looking at the complaint it looks like the first charge is for stealing the property, while charges 2,3,4 are for receipt of stolen property. but the property is the same as I'm count 1. Can they do that? I read there were rules about charging two crimes for one event.
     
  11. army judge

    army judge Super Moderator

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    The prior case might be untouchable.

    Why?

    Res judicata:

    noun
    1. The principle that a decision by a competent court in a case fully and fairly litigated is final and conclusive as to the claims and issues of the parties and cannot be relitigated.

    2. A claim or issue that has been decided under this principle.

    3. An issue that is before a court, has already been decided by another court, and that therefore must be dismissed by the current court.

    Again, the best way to help him is to hire him a great, criminal defense attorney.

    There is little, if anything anonymous entities (some of whom could be AI BOTS) while others (myself included) could be idiots, pranksters, or even undercovergovernmemt operatives.
     
  12. Zigner

    Zigner Well-Known Member

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    487(a) is Grand Theft and 497(a) has to do with larceny in another state. 487(a) is much more likely.
    It would have been nice if you had mentioned the "Grand Theft" charge in the first place.

    I'm done - there really is nothing this forum can do for you or your [relative].
     
  13. Mmurf

    Mmurf Law Topic Starter Member

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    my
    my mistake. it was 496(a) for counts 2,3,4
     
  14. Mmurf

    Mmurf Law Topic Starter Member

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    but what if the first court was wrong and we can now prove it. it was adjudicated, there was no jury.
     
  15. Mmurf

    Mmurf Law Topic Starter Member

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    there has to be some recourse in this situation. they can't expect a minor in cya to review his paperwork. there was no jury to catch the mistake, it was up to one judge. this should all count for something and if it doesn't I'd say try anyway and appeal it to a higher court to try to change the rules.
     
  16. Mmurf

    Mmurf Law Topic Starter Member

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    c
    the case could be made that the judge/court wasn't competent as no competent court would make such an error.
     
  17. adjusterjack

    adjusterjack Super Moderator

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    That's what appeals are for and it's likely way too late for an appeal.

    Sometimes the only advice we can give hiere is to consult an attorney.

    Thread locked.
     

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