Q&A

Ask a Criminal Defense Attorney in Temecula, CA

Q: Do I have a warrant?

A: If it is for only tuning a red light then it is an infraction for which you cannot be placed in jail. They can issue a “failure to pay” hold or a “failure to appear” hold to the DMV that can mess with your license, but not an arrest warrant. If you posted the bail amount on the ticket and then never showed to court, they probably simply found you guilty in your absence (or used the guilty plea you entered if you got traffic school) and forfeited the money you posted as bail and were done with it. Call someone- ask them to help you look it up. Get concrete answers that way.

Q: Is asking a masseur to massage a couple, couple provides a female nude pic, is this soliciting?

A: The devil is in the details, as they say – to me it depends on whether or not once you propositioned her for a threesome (sex act) there was any talk of payment/money/cost etc. A threesome between 3 willing adults is not a crime, only the paying for it. Hire a good lawyer!

Q: How do you get a petty theft sealed or expunged from your record?

A: You must complete all the terms of your probation before the court will allow you to be taken off of probation, although it can be sooner than the term of time you agreed to if you file a motion and make that request. This is where having a competent attorney makes a difference. If the court agrees to terminate your probation early (or whenever it ultimately expires) you are then eligible for what is commonly referred to as an expungement (removal of the conviction from your record).

Q: Can i get to rosarito & back to temecula with a bench warrant?

A: A littering ticket is usually an infraction so assuming that’s true, you shouldn’t have a problem crossing the border but no one can guarantee it. An infraction, however, means you can only be fined, not placed in custody.

Q: How much time will i serve in Orange County jail to get rid of my 52 week batterers program? And will I still be on informal?

A: You must complete all the terms of your probation before the court will allow you to be taken off of probation, although it can be sooner than the term of time you agreed to if you file a motion and make that request. This is where having a competent attorney makes a difference. If the court agrees to terminate your probation early (or whenever it ultimately expires) you are then eligible for what is commonly referred to as an expungement (removal of the conviction from your record).