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Testify
Noty every district out here has an alternative school to send them to. Continuation schools do not exist in every district, and those that have them may have limited criteria for placement in them. Further, if the assault and battery did not occur at school (or to or from, where the school...- CdwJava
- Post #12
- Forum: Juvenile Law
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Testify
Are you willing to let his attackers walk away free? And, potentially, assault your son or others in the future? If the answer is, "Yes," then by all means tell the DA that your son refuses to cooperate. Yes, the DA can pursue the matter and compel your son to testify, but, unless this was a...- CdwJava
- Post #9
- Forum: Juvenile Law
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Cps
While CPS cannot - on its own - compel a further drug test from your brother, they CAN move to take temporary custody if they have sufficient cause. Additionally, if your brother tested positive for pot and there is good cause to believe he was operating his dirt bike while impaired at the time...- CdwJava
- Post #5
- Forum: Marriage, Domestic Partnerships & Other Family Law
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How does one Challenge a California Initiative Amendment as being Unconstitutional?
Fascinating that all those attorneys and legal scholars in this state and others have managed to miss this egregious violation of the California Constitution for the past 50 years. Hmm ...- CdwJava
- Post #36
- Forum: US Supreme Court & The Constitution
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About Child Protective Service
If you were in no way involved with any criminal activity or with the involved parties, I cannot imagine how your presence would be in any way an issue for your existing case. But, if, for instance, the shooting was at a drug house involving users and/or dealers, it could be problematic. Same...- CdwJava
- Post #4
- Forum: Marriage, Domestic Partnerships & Other Family Law
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About Child Protective Service
Is this "open child protective service case" as a result of the shootout? If so, why would they hold that against you ... unless you were a likely participant in some criminal act(s) that resulted in the shootout? If the incident was one of your making or knowing involvement and that resulted...- CdwJava
- Post #2
- Forum: Marriage, Domestic Partnerships & Other Family Law
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Open container citation
What was the code section you were cited for?- CdwJava
- Post #13
- Forum: Other Crimes – Federal and State
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Open container citation
I know a great many people who work supplemental jobs as Uber, Lyft, and even Doordash contractors. They do not intend it to be a living wage, they intend it to supplement their normal job. Or, if they are students, they enjoy the flexibility in the hours. Unlike traditional employers that...- CdwJava
- Post #8
- Forum: Other Crimes – Federal and State
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Open container citation
Uber and Lyft are becoming more frequent for at least the 21 and over crowd. I live near a college town and work in another and these businesses flourish ... though, for how long - given new legislation passed - is another question. In the small town where I worked for many years we had a guy...- CdwJava
- Post #6
- Forum: Other Crimes – Federal and State
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School responsibility to bullying
I suspect that whatever actions this bullying consisted of did not rise to the level of a criminal act - hence the SRO's inaction. And, if there is no crime, there are no charges to be sought against the perpetrator. It is quite possible that the "bully" violated school policies and state law...- CdwJava
- Post #15
- Forum: Education Law
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Open container citation
No, you were not cited for possessing an empty cup, you were cited for an open container of alcohol. What code section was used? The elements might vary between a local municipal or county code and the state's Business & Professions code (usually B&P 25620). I take it you were at a party and...- CdwJava
- Post #4
- Forum: Other Crimes – Federal and State
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Auto Acciedent
If you cut in front of them, then it's still on you. Unless you can show that the other vehicle somehow zipped past those other vehicles and blew the light, I'm afraid you're going to lose on that one. But, I don't have all the details or a collision report to review. As I said, in general...- CdwJava
- Post #5
- Forum: Auto Accidents and Vehicle Claims
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Ticket dismissed got a letter 1 mo. later DA wants to prosecute
We do not know that a judge actually "dismissed" the original offense (impeding traffic - an infraction). More than likely, it was a matter of the cite never being filed. But, even if actually "dismissed" (which is rare, by the way), that hardly precludes a prosecutor from pursuing a more...- CdwJava
- Post #25
- Forum: Speeding and Other Moving Violations
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Ticket dismissed got a letter 1 mo. later DA wants to prosecute
It's a misdemeanor criminal offense that is considered relatively serious. THAT is why the DA will often pursue these.- CdwJava
- Post #24
- Forum: Speeding and Other Moving Violations
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Auto Acciedent
In general, the party turning left across another lane of traffic is required to yield to oncoming traffic and to make such a turn only when it is safe to do so. Getting struck by an oncoming vehicle in the lane you are crossing is often prima facie evidence of an unsafe turn. Are you saying...- CdwJava
- Post #2
- Forum: Auto Accidents and Vehicle Claims
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Ticket dismissed got a letter 1 mo. later DA wants to prosecute
In most instances, it is considered a cardinal sin to write a traffic infraction cite when you also have a more serious criminal offense included. The problem comes from an astute defendant (or their attorney) making a quick guilty plea and thus triggering a double jeopardy claim if the...- CdwJava
- Post #16
- Forum: Speeding and Other Moving Violations
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Ticket dismissed got a letter 1 mo. later DA wants to prosecute
When you say the judge "dismissed" it, did the judge actually tell you the matter was dismissed? Or, had the matter NOT been filed? There IS a difference. Also, since VC 2800 is not a lesser-included offense, it is likely that the matter was pursued independent of the infraction. This is a...- CdwJava
- Post #14
- Forum: Speeding and Other Moving Violations
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Homeless Person Ringing Doorbell At 3am every night.
Well, the police CAN do something, but it would require YOU to identify the perpetrator and request a private person's arrest (aka "citizen's arrest") for disturbing the peace. Even then, the suspect would most likely only receive a citation to appear in court (which he would likely ignore) and...- CdwJava
- Post #10
- Forum: Neighbors & Boundaries
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Amazon sent wrong item -- twice! -- and won't refund even though I returned both
Nothing you can say can FORCE them to do anything. Taking them to Small Claims Court may be an exercise in futility as well, but may be your only choice if their internal options do not come to a resolution. I'm surprised they are not at least agreeing to send you an/the item back since you...- CdwJava
- Post #6
- Forum: Online Purchases and Sales
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Amazon sent wrong item -- twice! -- and won't refund even though I returned both
I asked because when I searched for Boost skateboards, many of them had options for third party sellers in addition to Amazon direct. I buy A LOT from Amazon and have accidentally ordered from partners quite a few times by accident. About all you can do from here is work your way up through...- CdwJava
- Post #4
- Forum: Online Purchases and Sales
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