motion to dismiss
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 MoreI was arrested for a DUI in Riverside. Will I Be Deported?
Assuming you are not a U.S. citizen, deportation after your DUI in Riverside may very well depend on your legal status. If you are completely undocumented, an Immigration & Customs Enforcement (ICE) hold may be placed on you at the time of arrest, and you very well could be deported if ICE follows through and picks you up at the local jail and formal deportation proceedings are initiated. If you have any…
Read MoreIf I am accused of murder in Los Angeles County am I entitled to bail?
In most cases the answer is yes. However, the typical bail for someone accused of murder in Los Angeles County is one million dollars. In cases where the District Attorney is seeking the death penalty you are not entitled to bail. In some cases, at a formal bail hearing an experienced criminal defense attorney can convince the judge that under the facts of your particular case, the bail should be…
Read MoreIf I am accused of a sex crime in San Bernardino will I have to register as a sex offender if I am found guilty?
If you are convicted of almost any sex offense in San Bernardino you will have to register a sex offender pursuant to Penal Code Section 290. If you have to register this is an extremely serious punishment. This means that your name, address and the nature of the crime may appear on the internet. In addition, you likely will not be allowed to reside anywhere near any school or other…
Read MoreDo I have to speak to the police when they want to question me about a crime that occurred in Riverside?
You do not have to answer any police officers questions about a possible crime or for any other reason. The only thing you must lawfully do is advise the police officer of your true name and provide them with identification upon request. Other than that you can tell the police officer you do not wish to answer any questions. You have the right to confer with a Riverside criminal defense…
Read MoreWhat if I hit a car and left the scene without stopping in Los Angeles? I think someone got my license plate? Do I need a lawyer?
You need to retain our law firm immediately. You may have left the scene because you felt you were under the influence. You may have left in a panic. However, no matter what the reason you may be guilty of either felony hit and run (CVC20001) (if someone was injured) or misdemeanor and hit and run (CVC20002) if there is only property damage. If someone obtained your license plate this…
Read MoreI have a felony drug conviction on my record. Is there any way to have that criminal conviction reduced or removed from my criminal record?
It depends. If the felony conviction resulted in you going to state prison then you cannot have it expunged per Penal Code Section 1203.4 or reduced to a misdemeanor per Penal Code Section 17b. If the felony conviction was “only a felony” meaning it could not have been charged as a misdemeanor then you cannot have it reduced to a misdemeanor. However, if you did not go to prison we…
Read MoreCan criminal charges be refiled if the judge dismisses them?
It depends upon the nature of the charges. If the judge dismisses felony charges at the conclusion of the preliminary hearing, the District Attorney can file the charges one more time and attempt to convince another judge there is enough evidence to have you stand trial. If the judge dismisses misdemeanor charges then they normally cannot be refilled by the district attorney at a later date. However, there are some…
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 MoreWhat will happen to me if I fail to appear in court on my court date for my grand theft case in San Bernardino?
If you failed to appear in court on your scheduled court date the judge likely issued a bench warrant for your arrest. The judge would have set a bail amount when he ordered the warrant issued. What this means is that you are now subject to being arrested by any law enforcement agency for any reason. Often the police will go to your home or place of work to arrest…
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