Will I go to jail if I violate my probation?
If you are on probation to the court for a felony then there is a high chance that you will be arrested for a probation violation by your probation officer. In most cases where a person is on felony probation they are taken into custody if the probation officer believes that they have violated any of terms of probation. They often are not entitled to bail and will remain in…
Read MoreI have a misdemeanor petty theft from five years ago and I know it will impact my ability to obtain employment. What can I do to expunge my criminal record?
We can file a motion on your behalf pursuant to Penal Code Section 1203.4. There is a high chance this motion will be granted if you had no probation violations while you were on probation, and if are not currently on probation for any other criminal offenses. What this motion does is it asks the court to set aside your guilty plea, enter a not guilty plea in its place…
Read MoreCan I get a strike removed from my record?—I am a juvenile and I picked up the strike from an assault conviction. I am still on probation.
Expungement The only reason you would petition the court--via a Romero motion--to strike a strike from your criminal record is if you had another pending case that would be seriously affected by a prior strike. Striking a strike is NOT the same as expunging the conviction that serves as the basis for the strike. It only allows the court to disregard the strike for sentencing purposes, i.e. doubling the sentence…
Read MoreWill I go to jail as a 1st time offender for Possession of Meth in Los Angeles? (Health & Safety Code Section 11377(a))
Even as a first-time offender, a possession of meth conviction in Los Angeles can lead to a jail sentence. However, the penalty will depend on your criminal history and your ability to complete drug classes, if eligible. Possession of meth is considered a “wobbler” in California. This means that possession of meth in Los Angeles can be charged as either a felony or misdemeanor offense depending upon the facts of…
Read MoreDUI
I received a second DUI in California in 2011. i did not complete my DUI requirements and i still do not have a license. I now live in Alaska and i do not plan to return to California. I still have a hold on my record. what can i do lift the hold and be able to obtain a drivers license here in Alaska.
Read MoreSerious or Violent
Since 1192.7(c) and 667.5(c) are nearly identical lists of the same crimes, Who, What, or How do you know if your crime is Serious or Violent? Many people profess that if the crime is listed in 667.5(c) it is automatically considered a Violent crime. So what is the criteria for it to be considered a Serious crime?
Read MoreIf my loved one is in jail why should I speak to a criminal defense lawyer in Riverside before deciding whether to bail him out?
You always should speak to an experienced criminal defense lawyer before making a decision as to whether to bail someone out of jail. In most cases the family of the accused will speak to a bail bondsman to attempt to have their loved one bailed out of jail. However, a bail bondsman must charge a fee of 10% of the face value of the bond in order to bail someone out…
Read MoreThe police think I committed a robbery and want me to take a polygraph test at the police station. Should I do that?
ABSOLUTELY NOT. The worst thing you could ever do when being accused of a crime is voluntarily show up at the police department and speak to anyone. You should never, ever, ever speak to law enforcement if you are being suspected of a crime. Worse yet, you should never agree to take a polygraph at any police station. The police officers who work the polygraph machines are trained to obtain…
Read MoreI was cited for petty theft at Walmart recently. I am not a United States Citizen. If I am found guilty of petty theft, could this impact my ability to become a citizen?
You are definitely correct to be worried about this consequence. Petty theft is deemed a crime of “moral turpitude” for immigration purposes. This means that a conviction could have a very negative impact on your ability to be come a United States citizen in the future. You should retain an experienced theft defense lawyer immediately so they can help you. In many cases, the court may offer a program which…
Read MoreIf I am charged with child molest, what can a criminal defense attorney do to help me?
Criminal Defenses for Child Molest If you are charged with child molestation, it is important to seek a qualified and experienced criminal defense attorney immediately. In fact as soon as you think you are a target of an investigation, get an attorney immediately. Many times, an attorney can contact the police agency in arrange a surrender to the court so you are not arrested. In other situations, that attorney can…
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