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    Expungement and Sealing: Re: Felony Reduction to Misdemeanor; California

    Mr. K., thanks for the response. In addition to your suggestion I may be able to incorporate the same theme into a mistake of law defense if we end up proceeding to trial.

    As an aside, at our...
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    Expungement and Sealing: Felony Reduction to a Misdemeanor

    This question involves the law of the State of California.

    Client pleads guilty to a felony in California and is placed on probation. Client and the D.A. enter into an agreement accepted by the...
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    Sex Offenses: Re: Does the Victim Have to Testify

    With respect to whether a victim has to testify that all depends on whether the offense can be established without their testimony--sometimes it can and sometimes it cannot--it is totally dependent...
  4. Pretrial Motions: Re: Motion for Discovery Granted but Not Fulfilled

    Normally if you do not bring up a discovery violation prior to trial any claim that a discovery violation occurred will be waived. If you wait and bring it up on the eve of trial though you knew...
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    Plea Bargains: Re: Lawyer Won't Advise on Plea Bargain

    While it us ultimately the client's decision whether to accept a plea bargain, the attorney should be able to advise the client as to whether the offer is good or not based on his/her experience in...
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    Re: Double Jeopardy and Res Judicata?

    Inasmuch as both concern finality you could say they are parallel. Res judicata means "a matter adjudged" and basically means that once a claim has been litigated it cannot be relitigated again...
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    Arrest Warrants: Re: No Bond Warrant

    What I normally do in that situation is to call the prosecutor and see whether he/she will agree to a signature or some type of bond. We present it to the judge who will usually go along with the...
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    Re: Noncustodial Parent Drug Use

    You would not want to unilaterally stop the visitation--the proper way to address the issue would be to seek a modification of the existing court order.

    If the noncustodial parent, while...
  9. Thread: Drug Testing

    by Litigator
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    Re: Drug Testing

    Has he been charged with being a juvenile delinquent? Normally in such a case involving drugs the drugs are going to be sent to the crime lab to be tested and if the test is positive then the...
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    Re: First Time DWI In Arkansas

    There is not going to be any way to have the charge reduced to something else or for it not to appear on his record if he pleads guilty or is found guilty of the charge.

    Since the Omnibus DWI...
  11. Post-Conviction Relief: Re: What is the Next Step for Person Convicted of Murder in Self Defense Situation?

    Did she appeal her conviction and has she pursued any post-conviction remedies under state law? Also has she pursued federal habeas corpus relief? After that lapse of time she may have procedural...
  12. Re: Can Back Support Be Paid at a Lower Monthly Rate Than Current Support?

    One option would be to have the Court enter an order wherein the current support would remain at its rate and then have the arrearages set at a different rate to be paid out over time--this would be...
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    Trials: Re: Demand for Jury Trial

    It means that one side or the other is making a demand to have their case tried before a jury as opposed to being tried before the judge or pleading the case out.
  14. Pardons and Clemency: Re: Can You Become a Peace Officer if You Get a Pardon

    Need more info. Are you seeking a pardon from the Governor of Arkansas for an Arkansas conviction with the intention of becoming an LEO in Arkansas? If we can narrow it down maybe we can be more...
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    Re: Husband and Biological Father

    See attached.http://www.expertlaw.com/forums/showthread.php?t=57437
  16. Re: Getting Divorced, Pregnant, Husband is Not the Father

    Don't know about NY specifically but a number of jurisdictions will not finalize a divorce while the wife is pregnant. There really needs to be a seperate action for paternity along with the divorce...
  17. Repossession: Re: Does Giving Back a New Car to the Dealer Affect Credit?

    Also what he has to realize is that once the car is repossessed, the dealer can sell it at public auction and if it doesn't bring enough to cover what is owed (which is often the case), the purchaser...
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    Alienation of Affection: Re: Alienation of Affection

    Here's a link to check out too.

    http://www.expertlaw.com/forums/showthread.php?t=1608

    And another one.

    http://en.wikipedia.org/wiki/Alienation_of_affections
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    Expungement and Sealing: Re: Act 346

    Under Act 346 of 1975 (the First Offender Act), the records will remain public unless and until an order to seal and sequester the record gets filed. To get it sealed it is incumbent upon the...
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    Legal Malpractice: Re: Lawyer Suspended by Bar

    And with respect to the malpractice claim, if it turns out that the statute of limitations has run and you have lost your claim because of the lawyer's negligence, you could sue the attorney for...
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    Manslaughter: Re: Murder or Manslaughter

    I agree with the above post. Assuming there is only one homicide victim, prosecutors will often charge more than one homicide offense, at least to be on the safe side, so that the jury will have...
  22. Thread: 2nd DWS

    by Litigator
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    Re: 2nd DWS

    I probably should let one of the Westerners jump in to say exactly what they think is likely to happen in Oregon--I think the police issued you the citation and were going to let the court decide how...
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    Re: Contesting a FTA

    Hello. On behalf of a client I would normally work out such a deal prior to court or, in some cases, on the day of court before we go before the judge. It is worked out with the prosecutor and the...
  24. Thread: 2nd DWS

    by Litigator
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    Re: 2nd DWS

    It really depends on the particular court's policy as far as what you would be allowed to do. With your history of violations I would not expect that the court would exercise leniency.
  25. Background Checks: Re: Background Check Wrongly Showing Felony Conviction

    It depends on how the information is entered. It is not uncommon for there to show a felony arrest that later resulted in a misdemeanor conviction but other than spelling it out on your employment...
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