Question
How can I take care of my criminal charges?
I was arrested for theft, assault, and receiving stolen property. I was with my brother in Wal-Mart when he stole some dvds, and when we were leaving a store, the worker grabbed me and I pushed him up against the wall. They searched my brother and found the dvds on him, searched me and found nothing. They then called the police, and I lied about my age by saying I was 17, but was still charged. I've never had a court date for the crimes, No warrant or anything. Reason for my question is I'm trying to join the military, But the charges came up when I had my live scan. I was wondering how can I get this mess taken care of or get any information on it. I went to the police station where they took us, but the police chief was being inconsiderate and didn't release any information to me. The clerk said the statute of limitations has passed. If so why is the charges still showing up, and how can I get it taken care of?LawQA.com Answer Library
Answered By: Law Office of Martina Vigil
The District Attorney's Office has one year from the date of your arrest to file charges. If they file charges after that time, you would file a motion to dismiss the case based on failure to comply with the Statute of Limitations.
Answer Applies to: California
Replied: 12/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Geoffrey M. Yaryan
Go to the clerk's office in the court in the area where you were arrest and check to see if something has been file. Also many counties have the information on line.
Answer Applies to: California
Replied: 12/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of David Baum
The best thing is for your attorney to contact the court and determine what charges are pending against you. Then you can have a discussion about what to do next.
Answer Applies to: California
Replied: 12/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Hammerschmidt Broughton Law
You don't say how long ago this incident occurred, but if the charges were misdemeanors the charges must be filed within a year; if felonies, 3 years. Did you miss a court date? Of so, there is probably a warrant outstanding if charges were filed. You can call the local sheriff to see if there are any warrants. You can also call the DA's office in your county; they should also ve able to tell you. The easiest thing to do is hire a criminal defense attorney who can find out quickly if a case is pending or if the case was rejected, and advise you how to proceed. Good luck in your military career!
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
Write to the California Department of Justice in Sacramento explaining everything. Keep a copy of this letter and take it to the military and hopefully they will let you in. A better question is why do you want to join the military? I hope you realize that many soldiers are killed or come back withlimbs missing or psychological damage. You really need to rethink this choice.
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
If no charges are filed, the only way to get things off your record are by filing a petition for factual innocence. You have to be absolutely sure no charges are filed. It's not an overnight process though. Sit down with a local criminal defense attorney to discuss your options.
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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