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| My Year Suspension Is Up - Question! |
| Drunk Driving / DUI / DWI |
What is the name of your state (only U.S. law)? California
Hello all. I'm new here and in need of some help if you're willing.
I was arrested for a DUI (.09) at the age of 19 in July of last year. After my temporary license was extended, the suspension began in late September. It's been a year's suspsension as of yesterday, the 28th, and I'm optimistic to re-instate my license.
The only problem is, due to a huge class load last semester and working 30+ hours a week, I held off on enrolling into an alcohol program until classes broke as time just did not permit another weekly two-hour class given their schedules. I'm currently enrolled and only have 6 weeks left of the program (1st offender), but was wondering -under CA DMV law- if I'm eligible to re-instate my license now (being under 21) since it's been a year; or if I must wait until I've completed the program in its entirety?
Footnotes: I've obtained an SR-22, renewed my plates, and am up to date with my monthly court fees.
Thanks,
Greg
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| back seat passenger under the influence charge |
| Drug Charges |
I was riding in the back seat of a car that was pulled over for going 100mph. The driver had a warrant for failing to appear for his 3rd dui, and was justly arrested for that and his 4th.
The officers then asked the front seat passenger to get out and talk to them. A few minutes later, they told me to get out to talk to them. They frisked me for weapons and immediately asked me where the drug stash was (there was no drug stash). After asking me the same thing over and over again, they told me the front seat passenger "said you guys had been smoking." I honestly had no response and simply didn't respond. They put me in cuffs and consulted with each other about searching the car, did, and found nothing but a messy car. The front seat passenger was not arrested and drove the car home.
When we got to the CHP station, the officer told me that I had to submit to either a urine test or blood test. I opted for the urine test so I wouldn't have to get poked. They couldn't find the kit, and said it'd have to be a blood test. He brought me to a different room than the driver, interrogated me more (I admitted to having an addiction problem to a medicine prescribed to me, and that I sometimes took it more than directed). Then he returned me to the room the driver was in, cuffed me to the table, and while pointing to what looked like wrestling mats, told me that if I didn't submit, they'd hold me down. I told him that I didn't intend on fighting with them. He then told me that I was under arrest and read me my Miranda rights. I told him that I thought I understood them. The medic showed up, sat opposite me, and the officer presented me with a consent to draw my blood form. I asked him if he said that I had the right to an attorney. He affirmed. I said that I wanted one before I signed, and he said that right was irrelevant here and to sign it.
Can I have the blood test suppressed?What is the name of your state (only U.S. law)?
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| don't you need possession for possession? |
| Juvenile Law |
Don't you need to be in possession of alcohol to be charged with MIP? I got a 25662. I didn't admit to drinking, cop said he could smell it on my breath. There were 4 of us, we were kinda making fun of it all. Then cop says he saw me throwing a bottle away and gave me mip. He only said this after he got annoyed with us being smart. I don't think he saw ****. Maybe he heard something.
I didn't see him go digging around for any bottles. Wouldn't he want some evidence? Or to see if it was alcohol at all? Can you get a 25662 for drinking underage?
Did he mess up? He looked like he was 12. I think he was a rookie. Can he change anything later?
And I'm 17.
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| i need help...i violated probation and dont know what will happen next... |
| Juvenile Law |
| I live in Palmdale, California. I am 16 years old. I was put on probation some time in late June. Just a few days ago i was with some friends and we got pulled over and cited for curfew. Now, I have read some things online that tell me what the judge will be looking for, and i think my chances are pretty good. I just need someone to explain the whole process and what could possibly happen. Also, what kind of things i could do or say to make myself, and the whole situation, look better and persuade the judge to no do anything drastic. Thank you!
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| DUI probation violation - leaving country |
| Drunk Driving / DUI / DWI |
What is the name of your state (only U.S. law)? California
Greetings,
In 2008 I was convicted of a DUI in San Diego County CA. The conviction resulted in an 1800 dollar fine, 3 months of Alcohol Abuse classes and the attendance of 1 MADD meeting. I registered for the classes and scheduled a payment plan for the fine. After paying down 1000 dollars of the fine and nearing completion of the classes I was laid off from my job and unable to continue the classes or payments on the fine. In September of 2008 a bench warrant was issued for non payment of court fees. No other items were listed on the warrant. I have since been working in part-time and consulting positions and have not been financially stable enough to address my outstanding legal issues until vary recently. The dilemma is this: I have been offered a job in Europe which begins in January of 2010 and will require me to be out of the country for at least one year. I have the money to pay for the fine but do not have time to complete any of the classes. I understand that my probation must be reinstated by a judge to even pay the fine and clear the warrant. Should I not bother with fixing this issue in the short term, travel to Europe, and fix the issues when I return or should I attempt to work out something with the court now and hope for the best? Will there be significant legal ramifications if I delay addressing this matter for another year? I would prefer to leave the U.S. with a clean slate but the job opportunity overseas is time sensitive and too good to pass up.
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| Search warrant with wrong name and wrong address |
| Arrests, Searches, Warrants & Procedure |
| a search warrant was server on my apartment,my name and address was nowhere on the paperwork,there was two residences on the warrant,the two residences on the warrant are cities i dont even reside in,and the person named in the warrant is a hispanic male 230 pounds,i am white and 170 pounds,orange county and l.a county law enforcement was involved,i got bailed out and i called the detective that was in charge of the warrant,i told him that the warrant he left didnt have my name and address on it,hes like your kidding,so he tells me to come down and hell give me a copy a the warrant with my name on it,i went there and he said ill have to give him the warrant he left ,the wrong one,and hell give me mine,i said no,themn he tells me to go 2 north court and get a copy from the clerk,north court has no record of any warrant in my name,i asked the clerk to call the detective and ask him whats up,she tells me that she taklked to the detective and he told her the whittier court has the warrant,i went there and no warrant in my name,i ended up going to l.a superior court on my first court date,no charges have been filed against me,possible d.a reject the clerk said.the detective told me that he does not have to leave any paperwork,or have a search warrant for my residence in his possession at the time of the search,he said as long as a judge signed it thats good enough.but the search warrant they had and gave me at the time of the3 search has nothing to do with me or my residence,he said he did several warrants that day and unfortunatlly he gave me the wrong paperwork,any help that i can get for my rights and if this was an illegal search would be great.thanks
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| Arrest |
| Arrests, Searches, Warrants & Procedure |
| California. Me and my husband had a bad arguement. I got up in his face and was yelling at him. He pushed me out of the way to go take a shower and my daughter was here at the time and she freaked out and texted a friend of ours 2 come get us. When she came and got us I told her not 2 call the cops. I wasnt in any danger he did not hurt me and he is not a violent man. She insisted on calling anyways. He has 2 old cases againest him for Domestic Violence. He got charged for batt non-C. I would lik to know what exactually does that mean? If I dont want to press any charges will he still go back to prision? Because of his past charges. I dont want to loose him he is a Great man. Please can u help me understand what he is really getting charges for? Thank You!
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| California .13 Plea Possible? |
| Drunk Driving / DUI / DWI |
EDIT: Sorry title should be: California .13 Plea Bargain Possible?
What is the name of your state (only U.S. law)? California
Hey guys I'm writing in to ask for some advice. My idiot brother who lives in CA recently got pulled over for drunk driving. He blew an .11 twice on the breathalyzer and then put up a .13 on the blood test. Luckily he didn't hurt anybody or anything and he has sworn never to do something that stupid again.
Is any sort of plea bargain possible in this case? His lawyer seems to think there isn't but he's a fairly recent bar admittee that's a friend of my brother's and I'm not completely sold that he knows what he is talking about.
My brother has absolutely no priors. In fact I don't think he even has a speeding ticket on his record. (Though he was speeding when he was pulled over for the DUI, but they didnt give him a speeding ticket)
If a plea is possible, what should he try to plea down to? Does the speeding issue confound things?
Thanks in advance for any advice.
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| Police question |
| Other Crimes – Federal and State |
| If the police come to your place of residence and someone says that you assaulted them badly, and the police know where you are at, why would the police not come out and talk to you or arrest you? Why do they come back the next day to ask what happened? I am wondering if anyone knows some reasons of why they would do this.
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| scared for teen |
| Juvenile Law |
is there any thing I can do to help a 15 year old girl. She is a friend of my son who is 17. She used to call and some times would visit us.
from what she tells us. She has ran away from home in the past.
and a few weeks ago she called and said she had trouble with her mom while she was doing her home work, because mom wanted to have family time at that moment and she had to much home work. any way, she said her mom slapped her, and she pushed her mom back.
Her step dad told her to leave the house and so she did. Later they called looking for her saying she ran away from home. she tells us that when she went back home her mom called the police and they took her to the police station and talked to both of them fro a while. after a few days she called and told us that her mom had taken her to some program that had to do with trouble teens and it was mainly aimed at kids that use drugs. she does not use drugs. as far as I know she has good grades in school. and is enrolled in sports at her school. Any way in this place she was put in a jail cell for a day along with other inmates that kept bothering her, and she said police officers also were screaming at her until she cryed. I don't know what kind of program this could be.
Today she called us scared, said her mom took her to a psychiatric clinic to stay there for a few days.
In the past she mentioned that her mom was rapped when she was young. i believe that mom is scared that this may happen to her daughter and is over protecting her.she did this (mom) because she does not want her to see or call my son. She is not his girlfriend, they are only friends. supposedly mom treatened to put a restraining order against us. We don't call her she calls or comes by.can we do anything to help her with out getting in trouble ourselves?
Ialvarez
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| Contribution to delinquency |
| Juvenile Law |
California: My son received a call from a girl he knows (not his girlfriend) and asked for a ride home at 1am. He is 19, she is 17. He foolishly agreed and went to pick her up, she said she didn't want to go home immediately and wanted to wait until her brother got home. So they sat in the car, in the front seats, he still had his seat belt on , listening to music. Then the Police officer arrived. She lied to the cop and tried to pass her friend off as her Mom, my son was charged with Contribution to the delinquency of a minor.
I'm sure all parent says this but he is a good kid and he genuinely likes to help people out but I have a feeling that this could turn ugly pretty quickly and would appreciate any advice I can get.
I realize that ignorance is no excuse but I'm a Brit (as was his Mom - she is now a US citizen) but in the UK sex is legal at 16 and there aren't any curfews, this came as a shock that the laws are so different in this area.
Regards
Steve
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| I have violated my probation...What happens next? |
| Juvenile Law |
| I live in Palmdale, California. I am 16 years old. I was put on probation some time in late June. Just a few days ago i was with some friends and we got pulled over and cited for curfew. Now, I have read some things online that tell me what the judge will be looking for, and i think my chances are pretty good. I just need someone to explain the whole process and what could possibly happen. Also, what kind of things i could do or say to make myself, and the whole situation, look better and persuade the judge to no do anything drastic. Thank you!
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| Need Help |
| Other Crimes – Federal and State |
Im helping a friend out with a problem. Here is an email he sent me, please if you can help him with some advice it would be a good way to reverse a grave miscarriage of justice.
I was convicted by the feds for possession of Child Pornography, after serving 27 months, I was released on supervised release for 3 years.
To be honest, I stole some of the computers from my work, after being release I was forced to seek psychological treatment for my conviction.
After a battery of tests, I was found to not have any deviant behavior and I successfully passed a polygraph test administered by the psychological clinic. The shrinks and the polygraph administrators were shocked because they had never seen a case in which someone was actually innocent.
I have been required to register 290PC since my release and have been faithfully doing so since.
Every year on my Birthday, I go to the local PD and register there. In the past when I have registered, I have never had a problem with the cops. They usually have the forms filled out with all my information and all I have to do is sign the paper and then I am done.
This year when I went to go register, I had expected the same. Instead a new breed of cop has entered the force with the intent of making my life a living hell. They wanted information on the car I was driving, like the plate # which I did not have because its a new car with no plates yet. I told the cop I walked to the station, after registering, I was arrested a few short blocks later for giving false information to the officer.
I posted bond and was released, a week later the cops come to my work and arrest me for not registering 290PC plus I had just bought a house and was in the process of renovating it, they charged me with not registering at 2 addresses even though I was only living at one at the time.
During the booking process, the cop who arrested me told me that the first time I was arrested, those charges would be dropped. But if he ever saw me on the streets he would shoot me and make it look like I pulled a weapon him.
Here is the bad part, after hearing that information, he promptly posted bail, and skipped town. He missed both court dates and now is wanted.
What sort of time is he looking at doing and say if he left the country what are the chances customs would arrest him once he steps foot on US soil? What are his best options? What should he do?
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| No proof of insurance/seat belt ticket |
| Arrests, Searches, Warrants & Procedure |
hello guys last night i was issued a seat belt ticket, and the ******* also cited my passenger one. My passenger wore her seatbelt the whole time i was wondering if i bring this to trial do i have a chance of winning?
and also he asked for proof of insurance i didn't have any because i was driving my uncle's vehicle. He does have insurance for that car what do i do?
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| Child molestation |
| Other Crimes – Federal and State |
| I am 26 years old & I was molested by a family member as a child. It started when I was 11 and he was 13. I opnly recently accepted that this happened and told anyone about it. Since being confronted he has admitted to his mother as well as mine that this happened. I want to know what are the laws for criminal or civil charges against him?
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| Screwed by attorney? |
| Arrests, Searches, Warrants & Procedure |
| Back in 2006 I had my own side business here at my house doing paint and body repair on motorcycles. A kid I worked with said he had some business for me and that a friend of his wanted his motorcycle painted the same color as his truck. Thats not a odd request. I've paint bikes to match vehicles quite a few times. Well I get the bike all prepped and ready to paint, and detectives stormed the place we worked at. They pulled me to the side and asked if I knew anything about a few bikes being stolen from where we worked. I had no idea what they were talking about. I was the Service Managers right hand man and pretty much ran the shop when he was gone. They asked me if I had a specific bike at my house, and I told them there was a bike like that at my house for paint work, but I didn't know if it was the bike they were looking for. Well it was. I had NO IDEA the bike was stolen. The VIN was still there and everything. I end up getting charged with Receiving Stolen Property over $300 and my attorney made a deal with the judge to amend it down to attempt to receive stolen property but left it at OVER $300 so now I STILL have a felony on my background. What good did it possibly do to amend it to that? I can't get a job ANYWHERE and my wife and I are about to lose our home and everything we own because I can't get a job. I've called about having it expunged, but Im being told it cant be expunged for 5 years. WHAT CAN I DO? Can I take this back to court?
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| Help!! Dui Arrest |
| Drunk Driving / DUI / DWI |
| Last night I was pulled over and aressted for driving under the influence. I am 20 years old. What is going to happen next? I am aware that the DMV will suspend my license for a year, but what else happens when I go to court? I know Im guilty, but should I still hire a lawyer?What is the name of your state (only U.S. law)?
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| Search Warrant in California |
| Arrests, Searches, Warrants & Procedure |
To start off, I apologize for the length of my post, but I figured the facts of my case needed to be shown....
Search Warrant in Modesto, California.... On Friday, July 24, 2009 at approx. 4:50 PM at our home in Modesto, California, A "so called", yet, to this day still not seen, Search Warrant was apparently being served.... My wife was asleep in the master bedroom and our 4 children were taking a nap in their rooms.... I was in the master bedroom when I heard pounding at my front door.... I immediately headed to the front door and opened it to find numerous masked men, later to find out, The Narcotics Enforcement Team with numerous large guns pointing at me and soon after my wife heard the commotion and appeared with me at the front door.... Immediately after the door was opened, all I heard was get on the ground, get on the ground.... We did as they said and asked why they were here and they told us to shut up.... As they entered un-announced into our home, I began to say very loudly that, "I do Not Give you Consent to be in my house and I Do Not give you consent to search!".... I said that if they were entering our home, then we have a Right to see a search warrant.... Show us the search warrant.... They told us to shut up as they put us in handcuffs and took us to the front lawn, searched us, removed my money, phone and house and safe keys from my pockets and then told us to sit down....
My wife and I then stated that we have 4 children in the back of the house sleeping in their bedrooms and that there is nobody else in the home but our 4 small children.... We also both repeatedly asked the officer standing over us that we have not seen any kind of document stating why they were in our house and searching thru our rooms.... We demanded to see a copy of a search warrant, yet we were ignored.... I asked numerous times to speak to a supervisor or the person in charge and finally the officer stated that we could talk to someone when we get to the police station.... We then asked what we were being charged with, and we were once again ignored.... We also asked, once again, why they were there and if they are in our home, that we deserve a right to see a warrant....
They then brought out our children and sat them on the lawn near us.... They were obviously a little shaken up, but, nevertheless, okay.... We told the kids that everything was going to be okay.... Soon after an officer came outside, looked at us and then looked at our children and then stated "Its pretty sad that the children look like they are used to this sort of thing".... Although we were very angry with what the officer said, we kept our cool.... The officer than proceeded to my vehicle parked in the driveway and began to search it.... My wife asked the officer if our neighbor, Jennifer could take the kids to her house for the time being.... To see both of their parents in handcuffs on the front lawn was the last thing we would of ever expected or would of wanted them to see.... The neighbor than took the children next door.... My wife and I then continued asking any and All of the officers that we have not given them consent to search our home and that we have a Right to see a warrant.... We also asked what we were being charged with yet no response.... Then the officer who made the comment about our children came back out to the front lawn and it appeared that he told his fellow officers to put us in the car and take us downtown.... They did just that....
After going downtown, instead of taking us to the jail, we were taken somewhere close to there to an office like building and put me and my wife in seperate rooms shackeled to the bench.... Soon after they called me into an interogation room and I was then read my rights.... After many questions and an hour or two had gone by, they then told me that my wife was being sent home and not charged.... That was wonderful to hear since my wife had no knowledge about anything that was going on and what was found in the search or even why.... They then took me to the jail closeby and I was booked.... On Sunday evening I was finally able to speak to my wife and was bailed out later that evening for $65,000 Bail....
After getting home, I realized that the entire house, including all 3 bedrooms, the kitchen, the living room and the garage were a mess, including numerous holes in the walls in the master bedroom and the garage.... My wife then showed me the pink copies of the receipts of the property of ours that was removed.... I asked if there was a copy of the search warrant with the receipt, and was told No, that was all that was left....
Since no copy of the search warrant was ever shown to us during their un-announced raid of our home and no copy of the warrant was left with the receipt, I made a phone call or two but got nowhere.... 2 Days later I went down to the Modesto Police Department and asked for a copy of the arrest report as well as a copy of the ever illusive "search warrant".... None were currently available for me, however, as soon as they were that they will be mailed to me to our home.... 2 days later I received an arrest report, but still No copy of the "so called" search warrant.... I noticed that it was not a probation search, and that it was actually a search warrant that was served.... Not much more information but that.... When requesting for the arrest report, I also requested a copy of the search warrant.... A small note at the end of the Arrest report stated that in order to obtain a copy of the search warrant, I need to file for discovery with the Stanislaus County Districts Attorney's Office....
I contacted the D.A.'s office and was notified by the clerk or secretary who answered the phone that only my public defender or an attorney could file for the discovery in order to get a copy of the warrant.... By now, the search warrant could of been changed or altered and we would never know.... That is why upon entering our home, we asked to see the warrant to verify its authenticity.... The search warrant was never shown to us and was never left a copy of it, thus, it was not properly served....
After looking into various California and federal laws, I found that in California there is No law concerning procedure stating that a copy of the warrant must be left, however, Federal Law states that a copy of the search warrant should be left with the receipt of the property taken (rule 42), and furthermore that after a search warrant has been executed, All documents including the warrant is and by law should be public record (California Public Records Act).... If it is public record, I sure am having lots of trouble finding it anywhere....
The date is now August 12, 2009, 19 days after I was arrested.... In the mail came a letter from Section 8 and our property management, stating that our section 8 was terminated and we were being evicted because of the incident that happened July 24th.... I have not been to court or have been seen in front of a judge not one time since I was arrested, yet me, my wife and all our children now have 60 days to move out of our residence....
On August 26, 2009, I went to my court date/Arraignment.... The clerk of the court called my name and asked me to step forward and stated to me that the D.A. is still investigating the case.... My next court date/Arraignment is scheduled for October 19, 2009....
Following are a few questions concerning my case and search warrant procedure....
QUESTION 1- When I look online, to this day my case is not shown at all and the D.A. has currently not filed charges.... Since the housing authority and my property management found out what I was accused of, yet not public record is available anywhere I look, Isn't there a confidential clause concerning my incident? I am pretty sure the officers told the housing authority and my property management, if not how did they find out?
QUESTION 2- The law states that once the search warrant has been executed, that it should become public record.... Even the 1st ammendment and the California Public Records Act states the same.... I am having trouble getting a copy of anything concerning the incident....?
QUESTION 3- I read online that while I was being detained by the police as they search our home, that they are only supposed to search us for weapons and for their safety, not to empty our pockets, since I was not arrested yet.... They used the keys in my pocket to open up my 2 safes in which they found the majority of the evidence.... Was that unlawful detention....?
QUESTION 4- If California law shows nothing that there is supposed to be a copy of the search warrant left with the receipt of property taken, yet Federal Law (rule 42) states that it there is supposed to be a copy of the search warrant left with the receipt, is there anything I could do in my case and if so, how....?
QUESTION 5- Since to this day, I have not seen the Search Warrant stating what and where was supposed to be searched, as far as the search, the officers put holes in my walls looking for who knows what and found nothing in the walls.... Are they allowed to destroy my property....? I did take pictures of every room, including the damage they left....
QUESTION 6- Since the search warrant was served by the Narcotics Enforcement Team of the Modesto Police, other than the contraband, why would they need to keep the following: My computer tower, my numerous flash drives, my surveillance cameras, papers concerning a bank account I share with my mother, a personal check mailed to me from my father, my cell phone, my california i.d., blank personal checks of mine and my mothers, immunization cards of my children, 2 pairs of handcuffs and my realistic police scanner....?What is the name of your state (only U.S. law)?
|
| shoplifting first offense |
| Juvenile Law |
California Penal Code 409.5
Is paying a civil penalty claim the same as paying restitution in court?
I'm currently 17 and was caught shoplifting at an H&M store about a month ago, and I stole about $100 worth of clothing. The clothes were returned in merchantable condition. And they called the police and told me that there would be a court case. I have not received any court case letter, but I did receive a letter from the law firm of H&M asking my parents to pay $500. I have reviewed under the Cal. Penal Code Section 490.5 that the store has a right to ask for civil penalty claim up to $500. But I was wondering if paying this $500 fee would make the company drop the court case or is the court case mandatory? I don't want my mother to pay over $500 worth of fines and fees and was wondering if this confusion can be cleared. I have a clean record.
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| 23152(a)- What should I plea? |
| Drunk Driving / DUI / DWI |
I was pulled over for speeding in Newport Beach in April. I (apparently) failed the field sobriety tests, refused the breathalizer and was arrested. I submitted to a blood test (and had a .06 bac). When i was pulled over I was told I had been speeding, i never signed for a speeding ticket nor have I received anything in the mail about a speedng ticket.
I was set for a court date (the pink sheet i got from the arresting officer). I went to court and was not on the docket. I had the pink sheet stamped and was told to wait until i got something in the mail from the DA.
A couple weeks ago i got a letter from the Orange County DA which reads:
A complaint was filed... charging that on... you committed a violation of section(s)
23152(a) DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUGS
to enter a plea of guilty or not guilty of said charges...
I don't know if I should plead guilty or not guilty. I wasn't drunk or "impared" i was coherant and having rational conversations with the officers...
also, will this show up on a background check now, before I've been charged with anything?
Your help is greatly GREATLY appreciated, thank you.What is the name of your state (only U.S. law)?
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| California larceny |
| Arrests, Searches, Warrants & Procedure |
Hi, I was arrested on Grand Larceny in California hired an attorney that fought the charges for about 8 mos or so. It was being dragged out for so long. My mother became sick so I had to return to the East Coast to take care of her. I flew back for 2 court dates. Both being my arraignment. No judgement was handed down. Frustrating me as I was running slowly on funds and lost my job. Now, Stuck in New york with my mom.
I plan to take care of this but need time to save money for a new attorney. Thanks to finding temp work.
What are the chances of being picked up in NYC?
And how should I go about it when I return to California?
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