motion to dismiss
In a NJ Municipal Court, I asserted myself as a pro se litigant, when I was informed that because I refused to take a plea deal, I would be going to trial in only a week. I read about my rights as a pro se litigant, emailed the prosecutor requesting discovery, and the municipal court clerk requesting the standard thirty days to prepare for trial. I was given a new…
Read MoreCan a Serna motion be filed after……..
Hello and thank you for taking the question. Can a Serna motion be filed after my ineffective council failed to notice my case was disposed and vacated for speedy trial violations I am guessing, or failure to prosecute? This lawyer filed no motions, and even with false charges from a jealous ex of mine, he never got my evidence into prelim. My ex is friends with one of the ADA's…
Read MoreI was arrested for carrying a concealed firearm in California. What are my potential defenses?
Prosecution for carrying a concealed firearm in California is serious and can result in misdemeanor or felony charges depending on the situation. Common defenses include: the fact that you had a valid concealed weapons permit(CCW); that the firearm was in open view in compliance with California’s “open carry” laws; that the firearm in your vehicle was unloaded and in the trunk or a locked container in compliance with the law;…
Read MoreWhat are the different types of Elder Abuse in California?
Elder Abuse in California can be any of the following circumstances: 1. Physical Abuse-Causing pain or injury on a senior victim-usually 65 years and older; 2. Emotional abuse-typically mental suffering by being neglected, left alone or being left isolated and ridiculed verbally/emotionally; 3. Neglect and endangerment-willfully placing the senior victim at risk of his health and safety and endangering their well being; and, 4. Financial defrauding a senior victim is…
Read MoreCan I be charged again after the district attorney rejects the case?
Can I be charged again after the DA rejected the case the case then was disposed by the judge in court. My paper work does not say with or with out prejudice. Before charges are formally filed against a suspect, the district attorney’s office will review the facts and evidence contained in the police report to make a determination of whether there is sufficient evidence to support the charges originally…
Read MoreMy husband has a public defender and is facing serious criminal charges. The public defender is not doing anything for him and has not even gone to the jail to visit him in over two months. How can I hire a lawyer to help him?
Do not hire a public defender We hear these stories almost every day. The public defenders try very hard but for many reasons most public defenders caseloads are overwhelming. They often do not have the time to devote to a serious criminal case. Everyone accused of a crime should have a lawyer who has the time to aggressively fight for them. You should immediately contact an experienced criminal defense law…
Read MoreI was put on probation for 3 years for a petty theft. It has now been 18 months and I need to be off probation so I can go into the navy? Is that possible? (Penal Code Section 1203.03)
Yes, in some cases you can retain our law firm and we can prepare a motion for you pursuant to Penal Code Section 1203.03 This motion asks the judge to terminate your probation earlier than the date originally imposed. The motion has to include legal grounds in which to make it successful. One such possible ground is that a person needs to be off probation in order to pursue a…
Read MoreIf I filed a false police report can I get arrested?
YES, it is a crime in California to knowingly file a false police report. You could be sentenced to jail and have to pay a fine. You could also be placed on probation. It is never a good decision to speak to the police and tell them you filed a false police report until you have retained an experienced orange county criminal defense law firm to help you.
Read MoreI passed a lie detector (polygraph) test? Can the results be admitted at my criminal trial?
The answer is NO. Under California law the results of a polygraph test are not admissible unless both the prosecution and defense agree that the results are admissible. If you passed a lie detector test the odds are that the prosecutor will never agree to let the jurors hear about it. Learn more about California Criminal Process on our website.
Read MoreIf the police officer didn’t read me my Miranda rights can I get my criminal charges dismissed?
In most cases the answer is NO. The police do not have to read you Miranda rights unless you are in “custody”. This normally means you are handcuffed and in the police station or a police unit. However, they do not have to read you the Miranda warnings unless they intend to question you. If they do not question you after you are in “custody” they do not have to…
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