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  1. Retail Fraud / Shoplifting: Re: Caught Shoplifting at Target in Troy Michigan

    Courts don't decide to prosecute, the local DA's office does. If they file a report and have you on video, there's a good chance they will report to police and the DA will charge you. Interesting...
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    Re: Paternity Between Brothers

    A properly done DNA paternity test has two numbers, one is a percentage, the other is what's called a "paternity index." THAT is the number the court's look too. It would be wise for the brother who...
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    Re: Judges Sentencing

    The plea deal is what it is. If the court didn't agree with it then it would have accepted it in the first place.
  4. Re: Do California Speed Trap Laws Apply to a Senior Zone

    All he says is that a traffic survey isn't necessary for that type of zone and it isn't as long as it's along a local road and not a highway.
  5. Re: Do California Speed Trap Laws Apply to a Senior Zone

    A designated senior zone on a local road with the appropriate signage does not constitute a speed trap if that's your question.
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    Re: Attempted Assault

    The cop asks for his passport and DNA because a woman complained he was "misbehaving" with her. It isn't a huge leap to suspect that there's a sexual assault charge being investigated.
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    Re: Attempted Assault

    It happens a lot more than you think.
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    Re: Attempted Assault

    Did you perhaps have sex with some woman in the recent past? That's what it sounds like to me--that you had sex, didn't call her again or her boyfriend/husband found out and now she's claiming rape.
  9. Re: Is It Likely for Me to Be Arrested for Shoplifting at Walmart After Leaving Walma

    In TX, if you commit a crime after you turn 17, you are NOT treated as a juvenile offender. You are in adult criminal court.
  10. Re: How to Remove Deceased Person from Property Title

    First, you're going to need a copy of his death certificate. Unless your cousin was put on the title, a quit claim is just going to complicate things. It would behoove the two of you to consult...
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    Modification of Support: Re: How Can a Support Order Be Decreased

    File a request with the court.
  12. Re: Mother is Keeping Children Away While Waiting for Mediation Date

    If there are no court orders then mom isn't obligated to allow you any contact with the kids. Has the court determined you to be the father yet? In a non-marriage situation, that is the step before...
  13. Trespassing: Re: Delivering Food, I Was Attacked by a Dog. Who is in the Wrong

    What are you looking to gain? Yes, the company should have made sure the client knew food was coming but when you have a warning that tells there's a dog and it's not in the yard, you don't open the...
  14. Social Security Issues: Re: Can We Choose a Different Ss Office to Be Seen at

    It's easy to blame an employee but the fact is that the information you give is put into the computer system of a huge nationwide bureaucracy and it simply takes time for stuff to get changed in that...
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    Re: What Does This Mean

    The new code section was added in 2011 to allow persons convicted of non-violent, non-serious felonies to serve their prison sentences locally. The LI means "local incarceration" and the rest are...
  16. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    You are ignoring other subsections AND caselaw. Reconcile your position with People v. Bedrossian (2018) 20 Cal. App. 5th 1070 which has the same procedural history as the OP posted. You have to...
  17. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    I'm not going to waste anymore time giving you a lesson in interpreting a statute or its legislative history. Like it or not, the OP's friend cannot petition for factual innocence any sooner than...
  18. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    Can you read? That is a direct quote from People v. Bermudez (2009) 172 Cal. App. 4th 966, 969.
  19. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    I'm not misinterpreting anything. "Section 851.8, Subdivision (l) Applies to Limit the Time for Petitions Filed Under Section 851.8, Subdivision (c)." People v. Bermudez (2009) 172 Cal. App. 4th...
  20. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    jk, since I practice criminal law in CA and have for 30+ years, I think I know what I'm talking about....
  21. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    Subsection (L) applies to cases where there has been an accusatory pleading filed--i.e. a formal criminal complaint which hasn't happened in the scenario the OP presented. The statute used to read...
  22. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    1. No. First, DA's don't sue, they prosecute. Bedrossian lost because the statute specifies that it can't be filed before the applicable statute of limitations has expired.
    2. No, you can't...
  23. Thread: Help

    by LegalWriter
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    Re: Help

    You can start where you should have gone in the first place 16 years ago--talk to an GA lawyer that practices DUI defense.
  24. Sentencing: Re: Ione Inmate Falsely Accused of Animal Cruelty

    It's completely up to prison authorities whether or not he gets to participate. He has some administrative remedies to appeal the decision but there's nothing you can do.
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    Pretrial Motions: Re: Multiple Probable Cause Hearings

    She should ask her lawyer. I'd bet that the prosecutor objected, which they had every right to do since Judge 2 wasn't who heard the testimony. I'm sure her attorney would've objected if the...
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