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James Richard Askew

  • Criminal Law
  • California
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Claimed Lawyer ProfileQ&A
Practice Area
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
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Education
New Mexico State Univ
Undergraduate Degree
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Santa Barbara COL
Law Degree
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Professional Associations
California State Bar  # 208089
Member
- Current
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Websites & Blogs
Website
Website
Legal Answers
3 Questions Answered
Q. Who should I contact?
A: It depends on who issued the warrant and why. If it is from a foreign jurisdiction (i.e. one outside your county), there could be extradition issues involved... not to mention answering for the underlying reason for the warrant. You should address this issue first. The courts and law enforcement should know the nature of the warrant.

More likely the CHP stop is something minor given he was arrested on an outstanding warrant rather than violations involving the CHP stop. At this point, you should be in a better position to assess the severity of the situation. If it is minor in nature, you can argue for an OR release or leniency on the bail. Make sure agencies and individuals involved know your situation and need for care.

You need to hire an attorney to guide you through this mess.

Good luck,
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Q. My husband got a misdemeanor ticket and he needs to go to court , can a lawyer go represent instead of my husband ?
A: The answer is YES and NO.

An attorney can appear for you in most misdemeanors (pursuant to PC 977). However, most courts do require personal live presence at certain types of hearings. For example: You will be required in most jurisdictions to be present for arraignments on Domestic Violence cases, DUI's, trials, and contested hearings, in addition to any hearing that the judge has ordered you to be at. You should keep in constant contact with your attorney for guidance.

Good luck,
Q. Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
A: Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an intersection and you are impaired then the officer could move the vehicle to the side of the road and out of the intersection in the interest of public safety.

The normal practice would be for them to impound your vehicle if they stop you and have a warrant to serve you. Part of their logic is that it gives them an opportunity to search your vehicle under the guise of "taking an inventory" as part of the impounding.

If they did not discover evidence that led to a charge, but they took your vehicle to your residence or allowed you to take it to your residence, prior to taking you into custody that should not be a disservice as it saves you impound costs.
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Contact & Map
Tri Counties Criminal Defense
5276 Hollister Ave
455
Santa Barbara, CA 93111
Toll-Free: (805) 202-5177
Telephone: (805) 202-5177
Monday: 8:30 AM - 5:30 PM (Today)
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM
Saturday: Closed
Sunday: Closed
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