Nicholas Garrett Emanuel

Nicholas Garrett Emanuel

  • Business Law, Criminal Law, DUI & DWI
  • California
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Claimed Lawyer ProfileQ&A
Summary

Committed to providing cost effective, result-oriented legal representation for clients throughout the Bay Area.

Practice Areas
  • Business Law
  • Criminal Law
  • DUI & DWI
Additional Practice Area
  • General Civil
Jurisdictions Admitted to Practice
California
Education
Valparaiso Univ
Undergraduate Degree
Santa Clara Univ School of Law
Law Degree
Professional Associations
Member
California State Bar # 238019
- Current
Websites & Blogs
Website
Legal Answers
6 Questions Answered

Q. How would I find out about a homicide in 1979 in Wilmington, California. I have a case # and the name of the person who
A: If you have the case number, you should be able to find out this information by checking with the local court. You can even go and view the file for yourself, since court records are public.
Q. Q: If a girl tells the police a guy is doing illegal activity and she doesnt know that the police are recording her
A: Although it is typically illegal in California to record a confidential communication without a person's consent, law enforcement is exempt from this law. So unfortunately, the recording you've described would likely be admissible in court.
Q. How much is it to clear my record?
A: I would also add that although hiring an attorney may cost more than handling this on your own, the process should be quicker with an attorney.
Q. Is destruction of evidence a felony?
A: As is the case for many legal questions, the answer to this one is that it depends on the particular facts of the case. Depending on what was destroyed and the means of doing so, there are many felony offenses which could potentially be charged. On the other hand, there are misdemeanor offenses which might just as easily apply.
Q. Do I by law have to testify in court for domestic abuse? I live in california
A: If you are served with a subpoena, you must testify if called as a witness, or you may be subject to prosecution for contempt of court. There are exceptions, however - - if your testimony may tend to incriminate you, as in it may tend to show you have committed a crime, then you have an absolute constititutional right not to testify. Additionally, there may be other legal privileges that would allow you not to testify about certain things. You should consult a lawyer to determine whether there are any privileges that may apply to your testimony.
Q. Does anyone know how to go about corrrecting errors in a California DOJ CII report?
A: It may be necessary to get a court order, ordering the clerk of the court and the DOJ to make the appropriate corrections. You should consult a criminal lawyer who deals with post-conviction relief and probation modifications, and the lawyer can file a motion with the court requesting the order.
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Contact & Map
125 S. Market Street
Suite 1200
San Jose, CA 95113
USA
Telephone: (408) 288-8100
Fax: (408) 288-9409