Claimed Lawyer ProfileQ&A
I have been involved in the criminal justice system for much of my adult life- as a Probation Officer, Deputy District Attorney, Judge Pro Tempore, and for the past 23 years as a committed fighter for the rights of the accused in Shasta County.
- Criminal Law
Jurisdictions Admitted to Practice
- Legal Services of Northern California
- Shasta County District Attorney
- Headed White Collar Crime/ Consumer Fraud Unit
- Deputy Probation Officer
- Los Angeles County Probation Department
- Loyola Law School, Los Angeles
- J.D. (1985) | Trial Advocacy
- California State University - Long Beach
- B.S. (1978) | Criminal Justice
- California State Bar # 119870
- - Current
28 Questions Answered
- Q. My husband is a convicted felon, convicted of fraud. Am I able to own a firearm?
- A: Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!
- Q. If found guilty of a PC 245(b) & PC12022.5(A) can you legally receive time for both, when 245(b) is clearly a element
- A: Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a). There is an exception, in subsection (d) If the firearm is used to shoot from a vehicle at a person outside the vehicle. In that case, the enhancement applies. The court has authority to strike or dismiss the enhancement in the interests of justice, under subsection (c).
- Q. Can the court order me to see a shrink without providing me the reason why?
- A: If the court, or your attorney has a doubt as to your ability to understand the nature of the proceedings or to assist in your own defense they may refer you for an evaluation to a 'shrink' under section 1368 of the Penal Code.
- Q. Re: SB 1437 - how do I get representation for son that petitioned for re-sentencing? In LA County; awaiting court?
- A: You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in the felony murder (natural and probable consequences) law apply, it may not be much of a fight.
- Q. PC3056 VIOLATION OF PAROLE:FEL PRCS 06/19/2019 1330 Dept: WE NO BAIL What's all this mean?
- A: A Violation of Post Release Community Supervision (AB 109 Parole), has been filed and set for June 19, 2019 at 1:30 p.m. If a violation is ultimately found to exist , the maximum punishment is 180 days.
- Q. DA offices said No charges will be filed against my sons. But the detective says it's being referred to probation. Why
- A: If they are minors, it is most likely a referral for informal handling through juvenile probation.
- Q. I was released on a Cruz waver. What if I cant make it to my turn in court date . Can I jux turn myself in at jail?
- A: In a Cruz waiver, if you don't make it to court, and the failure to appear is willful, the plea stands but the deal or negotiated disposition does not; Meaning you could be sentenced up to the maximum for the charge as if you had no deal. Your lawyer could have a warrant held, and keep the deal, if he or she is standing in court with a good excuse for your non-appearance when the time comes. Call The Public Defender's Office for the county where your case is, and they can locate your specific attorney.
- Q. Regretfully a friend is in trouble and I am helping him for petty theft.
- A: A lawyer can appear for a defendant charged with a misdemeanor, and he never needs to go to court. Such an insignificant charge as this is frequently handled through a diversion type program, such as Western Corrections, where written course materials are completed to the DA's satisfaction and the charge is dismissed. Someone might need to help with the translation. There is also the civil compromise statute, where restitution in the form of loss prevention costs is paid to the injured party (Costco) and the charges are dismissed.
- Q. I got arrested for importing between 2 and 3 pounds back into Oregon. Is it a felony?
- A: You don't say who arrested you but under federal law, cannabis is still entirely illegal (apart from hemp). Under California cannabis law - MAUCRSA (Marijuana and Adult Use Cannabis Regulation and Safety Act) people can only work in the business under the state's licensing scheme, as an employee or owner of a state licensed business. ( Medical patients and personal use excluded). Possession for sale is a misdemeanor, unless minors are involved.
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