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  1. Re: 2 Years Since I Met My 5 Y/O Daughter, Now Mom and Step-Dad Want Me to Go Away

    Until a court declares you the legal father, you have no legal rights at all to assert.
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    Re: Out of State DUI Conviction in Il

    You need to check with IL about being drive there. With your privilege restored in your home state, you can drive in other states except IL if you privilege is still revoked there.
  3. Re: Obtaining Records of Criminal Case in Virginia

    When I wrote court's custody, it didn't mean it was kept at the courthouse although some smaller counties do keep the evidence in their own storage area. Just like when you execute a search warrant,...
  4. Re: Obtaining Records of Criminal Case in Virginia

    In CA, evidence is preserved and remains in the court's custody on all death cases, life cases and years to life cases. It's SOP for defense counsel to file an order with the court for the evidence...
  5. Re: Obtaining Records of Criminal Case in Virginia

    Not in all cases, not with all evidence and not without notice to counsel. The fact remains that the evidence is in the court's custody, even in VA. With a life case, the evidence produced and...
  6. Re: Obtaining Records of Criminal Case in Virginia

    Just to clarify/correct one point of flyingron's post. If the evidence was admitted at trial, it IS in the possession of the court. It's a part of the trial record. If something is just marked for...
  7. Modification of Support: Re: Changing Agreed Amount to Judicial Order

    If he won't agree to a different amount, then you will need to go back to court. You can try to do it yourself or you can hire a lawyer. That's your prerogative. If he's got money chances are...
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    Re: Custodial Called CPS on Me

    You grounded him, took his phone away and put him in a time out for coughing too loud? Are you serious? Then you hit him. You are absolutely in the wrong and your behavior was unquestionably...
  9. Expungement and Sealing: Re: Factual Innocence 851.8 Signed by Pd and Sent to Doj

    If he didn't serve a copy of the petition to the DA's office, then he didn't do it right to begin with. Under the statute, if the DA agrees, then the DOJ is notified that the arrest has been sealed...
  10. Expungement and Sealing: Re: Factual Innocence 851.8 Signed by Pd and Sent to Doj

    The records are sealed and will be destroyed in 3 years. It's clearly laid out in the statute. Sealed records are not available in the meantime.
  11. Expungement and Sealing: Re: Factual Innocence 851.8 Signed by Pd and Sent to Doj

    The answer is right in the statute itself: "(a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency...
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    Re: Shoplifting

    Actually, the murders took place in the Santa Monica Judicial District. They happened in 1994, before California courts unified to all courts into being superior courts. What should have happened...
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    Re: Shoplifting

    Just putting my two cents in as a criminal defense attorney with 30+ years under my belt. Trial attorneys don't refer to themselves with that nomenclature. We are litigators because there is far...
  14. Plea Bargains: Re: Why Would a Public Defender Choice to Make Plea Bargin

    You don't know if the judge was involved prior to the plea being entered. When you are advising a client, one thing they absolutely want to know is how much time so running it past the judge is SOP....
  15. Plea Bargains: Re: Why Would a Public Defender Choice to Make Plea Bargin

    If the DA makes an offer, both sides almost always speak with the judge in chambers about it. Often, it's before the DA's offer is conveyed to the client so when it is discussed, the defense...
  16. Tuition: Re: Even I'm Not Going to Classes and Living in Us Anymore, I Continue Being Charged

    It would be unlikely that any refund went to the loan provider. As far as the college would be concerned, you paid the tuition so any amount that they might refund would belong to you. If you don't...
  17. Tuition: Re: Even I'm Not Going to Classes and Living in Us Anymore, I Continue Being Charged

    It's simple, you took out a loan to pay your tuition. The loaning company paid the full tuition to the college and you then pay them back in payments. You are incorrectly assuming that the loaning...
  18. Re: Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim.

    None. You can't compel an appellate court to issue a decision.
  19. Job Benefits: Re: Can I Keep My COBRA Even if I Offered Health Plan at My New Job

    You can use Cobra for 18 months but since you are paying the entire premium, you are likely paying more than the new job's plan and the deductible is by calendar year so starting January, you'll have...
  20. Collection and Enforcement: Re: Father Trying to Attain Assets from My Mother's Estate - I Think Expired

    Insurance proceeds are not part of the estate. If there is no policy, that doesn't give a purported beneficiary of a promised policy a claim against the decedent's estate. If your dad wanted to...
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    Re: Search and Seizure

    If you are on MH diversion, the court could impose a search condition as a term of the diversion.
  22. Speeding Tickets: Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    Understand, however, that if she wants to keep this point off her license by doing traffic school, she can't make payments. The entire bail must be submitted with the request.
  23. Registering a Vehicle: Re: Used Car/Private Seller/Won't Pass Smog/Mistakes

    Lesson learned--NEVER buy a used car without having it checked out by a mechanic of your choosing. As to the smog, you can rescind the sale. Under Section 24007 (b)(2) of the California Vehicle...
  24. Speeding Tickets: Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    I have no idea what you mean by "speed limiter" or "middle reservation." I don't know of any car that has a feature that you can set the speedometer to not exceed a speed. If you are saying that...
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    Fraud: Re: Welfare Fraud Investigator Visit

    That is not correct. While a prison sentence is unlikely for a first offense, some time in the county jail is very likely. The maximum exposure depends upon the amount fraudulently obtained:

    (1)...
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