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    1. CdwJava

      APS created a case based on malicious anonymous report, my family wants to protect its rights

      If APS intends to take action against you or remove your father from your care, they have to prove their case, you don't have to make excuses. The letter your father received was likely a form letter that the agency is required to send out to clients after such an investigation. Out here...
    2. CdwJava

      APS created a case based on malicious anonymous report, my family wants to protect its rights

      Understand that if there is a report of an allegation of abuse or neglect against a person that fits within the agency's mandate for APS investigations, they are bound by policy (and in some cases, state law) to look into it. Since you asked in your original post how you can get them to drop...
    3. CdwJava

      APS created a case based on malicious anonymous report, my family wants to protect its rights

      Adult Protective Services is a social services agency much like Child Protective Services. Depending on how it is organized where you are in New York, it could be made up of people from social services who do a rotation in the APS assignment as part of their job as a social worker. They are...
    4. CdwJava

      Parolee drug testing

      What happened when you asked your attorney about this? From what I read, it seems that drug testing is a common condition, and - if what I read is correct - drug tests are mandatory at least at the start of your probation. If you did not want to accept drug testing, why did you agree to the...
    5. CdwJava

      First Ticket (23109c)

      You shouldn't have anything to worry about. It's default to check the misdemeanor box for these sorts of offenses, and the court will either refer it to the DA for a filing decision, or just process it straight as an infraction. I have never once known a DA to file one of these as a...
    6. CdwJava

      First Ticket (23109c)

      Sure. You can say what county. Was the "Misdemeanor" box at the top of the citation checked? Even so, it will be extremely unlikely to be pursued in Criminal Court. Each county has a different process by which they file misdemeanors. Most traffic offenses are filed as infractions directly...
    7. CdwJava

      First Ticket (23109c)

      They're bored, too! :)
    8. CdwJava

      First Ticket (23109c)

      Then it would behoove him to plead it out of the way swiftly! If he recorded it, then getting the matter disposed of as an infraction would preclude any specifically related upgraded offense(s) later! Double jeopardy can be a beneficial thing. Though, in CA it would generally still be the...
    9. CdwJava

      First Ticket (23109c)

      If specifically "Traffic Court," then, yes. It's probably good. Counties have different procedures to try and address these offenses. Your county may simply default most wobbler offenses to Traffic Court.
    10. CdwJava

      Can someone please help

      There are alternative modes of service if dad is dodging process service. You might consider hiring an attorney for your daughter to assist with the matter. I can only imagine that filing papers in TWO counties will do nothing but confuse the matter as the two courts will have to wrangle over...
    11. CdwJava

      First Ticket (23109c)

      VC 23109(c) is typically treated as an infraction and not a misdemeanor. It is the rare DA that is going to want to prepare for a possibility of a jury trial over this sort of a case. I have seen many of these cases, and cited for quite a few myself (including a future police officer I later...
    12. CdwJava

      Officer said he smelled marijuana

      As I recall it was the transient capacity of the vehicle that helped transform it into an exigency. Though, one can argue that it is also a convenience to the public as the alternative might be a multi hour detention in the back of a patrol car and three or more officers out of service (and...
    13. CdwJava

      Officer said he smelled marijuana

      I can’t say how long exigent circumstances have been part of the law, but that, too, has been a basic legal concept well before my time. We have exigency exceptions for community caretaking (like entering a burning building to check for victims, or entering due to the sign of a crime, or...
    14. CdwJava

      Officer said he smelled marijuana

      The short answer to this question - in addition to the fact that there has been a longstanding vehicle exception to the warrant requirement - is that the detention would be unreasonable. It is simply not reasonable to hold and detain a person and their vehicle for the time it might take to seek...
    15. CdwJava

      Officer said he smelled marijuana

      The automobile exception has been the standard in 4th Amendment law nationwide since before I started in my career and there is a host of cases supporting it. In recent years it has continued to be upheld through new case law. A brief smattering of some of the info from the CA Attorney...
    16. CdwJava

      Officer said he smelled marijuana

      In CA we permit smell as sufficient probable cause in most instances. The exigency is the presence in the motor vehicle and its inherent portability. Texas may be different, but that's the case in California. I can supply the relevant CA case law if desired. Granted, the officer's...
    17. CdwJava

      Officer said he smelled marijuana

      Because marijuana still cannot be smoked in public or in a motor vehicle. And, transportation requires the substance be in a sealed container. If it can be smelled, then chances are it is not in a sealed container and is in the open. If so, then it's a possibility - like with the odor of...
    18. CdwJava

      Officer said he smelled marijuana

      Okay, so we have established that the officer's detention was based upon reasonable suspicion that the driver made an unsafe lane change or turning movement. Note that "reasonable suspicion" does not mean "certainly guilty" only that the officer had an objective and reasonable belief that an...
    19. CdwJava

      USPS-Mandated by Congress?

      I think we hear every few years that the USPS is going to become insolvent, and every few years they pass legislation to increase their budget or the USPS raises their rates to try and offset an increase in expenses. They aren't going away anytime soon ... they are likely to simply become more...
    20. CdwJava

      Mandatory masks by mayor , governor

      Then do not go into the store. They have the legal right to establish their own rules even if you do not agree with them or think they are based upon faulty info. That's the business's decision. You either adhere to their policy, or don't go in. Simple. As for the rest of the conspiracy...

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