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James Richard Askew

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Criminal Law: Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

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2 Questions Answered

Q. My husband got a misdemeanor ticket and he needs to go to court , can a lawyer go represent instead of my husband ?: January 3, 2022; 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: September 17, 2021; 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. ... Read More

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Tri Counties Criminal Defense

5276 Hollister Ave

455

Santa Barbara, CA 93111

Toll-Free: (805) 202-5177

Telephone: (805) 202-5177