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1. Victim of Corporal Injury to spouse/cohabitant and need advice
  
  You are correct. It was a poor choice of phrasing on my part.
  CdwJava
  
  Post #11
  
  Jul 12, 2018
  
  Forum: Domestic Violence & Abuse
2. Victim of Corporal Injury to spouse/cohabitant and need advice
  
  Yes. The preliminary hearing is essentially a probable cause hearing for felony offenses. Once it is determined that there exists sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial, the prosecutor files the "Information." The hearing ont he...
  CdwJava
  
  Post #10
  
  Jul 12, 2018
  
  Forum: Domestic Violence & Abuse
3. Victim of Corporal Injury to spouse/cohabitant and need advice
  
  I have no idea what this "held to answer" hearing might be about. If there was already a preliminary hearing, then either he is being arraigned on additional charges (which would be a matter you would not have to appear at) or it is some sort of a motion hearing. Maybe a readiness conference...
  CdwJava
  
  Post #6
  
  Jul 12, 2018
  
  Forum: Domestic Violence & Abuse
4. Victim of Corporal Injury to spouse/cohabitant and need advice
  
  The justice system is not speedy and the process is designed to benefit the accused, not the victim. Sorry. If your attacker does not take a plea deal, you will almost certainly have to testify at trial. In order to place the evidence in context or show that the defendant caused the injury to...
  CdwJava
  
  Post #3
  
  Jul 12, 2018
  
  Forum: Domestic Violence & Abuse
5. FOIA Request
  
  What he seems to be asking for is the agency's Policy Manual. Though, if he does not properly describe what it is he requests, he could very well receive a generic city employee's handbook which certainly would not cover anything that the OP wants. I have written a few policy manuals for...
  CdwJava
  
  Post #10
  
  Jul 12, 2018
  
  Forum: Other Government & Administrative Law Matters
6. FOIA Request
  
  Here is info for the VA FOIA: http://www.dmlp.org/legal-guide/access-public-records-virginia I can tell you that there is almost certainly going to be a policy that prohibits CUBO acts (conduct unbecoming an officer). Sleeping on duty, if noy specifically prohibited will be one of those...
  CdwJava
  
  Post #7
  
  Jul 12, 2018
  
  Forum: Other Government & Administrative Law Matters
7. Parking infrastructure accident
  
  Under CA law if you strike an object and cause damage you are required to notify the party responsible for the property and to provide them with contact and insurance information. 20002 (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including...
  CdwJava
  
  Post #8
  
  Jul 11, 2018
  
  Forum: Auto Accidents and Vehicle Claims
8. Victim/Witness Testify
  
  Approximately 75% of DV victims prefer not to testify against their abuser, often choosing to lie or risk court sanction to protect their abuser (something the abuser would never do himself to help the victim). Depending on the evidence in the case, the state may not even NEED your testimony...
  CdwJava
  
  Post #4
  
  Jul 11, 2018
  
  Forum: Civil Litigation
9. public defender not doing his job
  
  Which begs the question: What part does the officer play in the incident?
  CdwJava
  
  Post #13
  
  Jul 9, 2018
  
  Forum: Legal Ethics & Lawyer Malpractice
10. public defender not doing his job
  
  What do you think the attorney should do? Yes, the prosecution can proceed without the "accuser." It really depends on what sort of case the state has. It may not hinge at all upon the "accuser". As mentioned, if the state's case is dependent upon that one witness's statement, then if that...
  CdwJava
  
  Post #11
  
  Jul 9, 2018
  
  Forum: Legal Ethics & Lawyer Malpractice
11. Awol from basic training ?
  
  Said much better than I was prepared to ... I had to log out earlier when I read this so as to avoid making a rude comment. A Blue Star Dad times 2.
  CdwJava
  
  Post #6
  
  Jul 8, 2018
  
  Forum: Military Law
12. Over 100 in 70 zone in San Bernardino
  
  It's a long shot, but possible under the right circumstances and priors. VC 13200-13210 for the court (which has some discretionary time frames), and VC 13350-13392 for the DMV. As I said, if no prior offense exists that might qualify, then the judge or commissioner is likely bluffing (or...
  CdwJava
  
  Post #18
  
  Jul 8, 2018
  
  Forum: Speeding and Other Moving Violations
13. Over 100 in 70 zone in San Bernardino
  
  If he has had specific convictions within the past 5 years, a one year suspension is possible by the court. Otherwise, it's likely the judge or commissioner is bluffing on a one year suspension.
  CdwJava
  
  Post #16
  
  Jul 8, 2018
  
  Forum: Speeding and Other Moving Violations
14. Over 100 in 70 zone in San Bernardino
  
  There are circumstances where a one year suspension might be allowed. Do you have prior convictions?
  CdwJava
  
  Post #14
  
  Jul 8, 2018
  
  Forum: Speeding and Other Moving Violations
15. Involuntary manslaughter reckless driving or hit and run?
  
  It would depend very much on the state. And, depending on the facts, the felony murder rule might apply.
  CdwJava
  
  Post #5
  
  Jul 8, 2018
  
  Forum: Other Personal Injury and Wrongful Death
16. Involuntary manslaughter reckless driving or hit and run?
  
  Uh huh ... and that really happened? :cautious:
  CdwJava
  
  Post #3
  
  Jul 8, 2018
  
  Forum: Other Personal Injury and Wrongful Death
17. Request Criminal Record
  
  Makes sense. But, you may have to make a tough call if it comes down to doing what is best for your children.
  CdwJava
  
  Post #42
  
  Jul 5, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
18. Request Criminal Record
  
  Clearly the victim was. But, being underage does not mean predatory ... it could also have been as part of a dating relationship. We don't know, and I doubt you do as well. It also does not automatically imply that he is a threat to children.
  CdwJava
  
  Post #41
  
  Jul 5, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
19. Request Criminal Record
  
  I live in a Caifornia farming community and there are a great many jobs not directly related to farming. Local industry, services, and retail businesses might support farming and the people that work in that industry, but not everyone is actually engaged in farming. Not to mention that many of...
  CdwJava
  
  Post #37
  
  Jul 5, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
20. Request Criminal Record
  
  Legally, you are incorrect. And, as I mentioned, being a registered sex offender does not automatically mean someone committed an offense that might indicate that they are a danger to anyone. Urinating in public could compel registration! And you have not contacted CPS or the police to ask...
  CdwJava
  
  Post #36
  
  Jul 5, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure

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