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The Law Office of Peter Depew
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www.peterdepew.com - Criminal Defense and Civil Rights Litigation for the Central Coast.
www.peterdepew.com - Criminal Defense and Civil Rights Litigation for the Central Coast.

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QUESTION:
Will I be receiving a citation in the mail? I was pulled over for registration tags. I had had a drink earlier that night. The officer asked if i had anything to drink to which I said I had one a few hours earlier. He gave me the Nystagmus sobriety test and said I should have gotten an Uber. However, he let me go with no other sobriety tests. Will I get a citation in the mail or anything?

ANSWER:
If you received a ticket for the registration, there should be instructions on the bottom. Based purely off what your wrote, I would put the chances of you being charged with DUI in the vicinity of one percent. If the officer believed that you were DUI, it would have been a dereliction of duty to let you drive off.
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PREGUNTA:
Como puedo quitar mi record con ver tenido relaciones con una menor pero no fui nunca ala carcel? Quiero ser entrenador de niños de futbol pero ese récord no me deja

RESPUESTA:
Si tienes un conviction criminal (y no le hace si fuiste of carcel o no) necesitas platicar con un abogado para hacer un mocion que se llama “1203.4 dismissal.” Pero si nunca fuiste convictado de nada, necesitas agarar un “certificate of factual innocence” – es un papel que dice que aunque fuiste arrestado, tu era completamente inocente.
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QUESTION:
What's a good mnemonic device to help remember your name?

ANSWER:
My name is almost exactly Pepe Le Pew, if that helps you remember.
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QUESTION:

How do I calculate my release date from SLO Jail? I have a 10 day jail sentence in SLO county starts July 7th. That’s a Friday with 1 day already. 2nd offense driving on suspended driver license.

ANSWER:

You will probably serve an additional 4 or 5 days. County jail time is presumptively served at 50 percent. In SLO, there is no additional kick for overcrowding for men or women at the moment. (Sometimes there is an extra ten-percent kick.) However, the first day of a sentence is not doubled via good time / work time. So, I would say either four or five more actual days in jail. You might consider hiring an attorney to put you on calendar for a new turn-in date so that you can apply for house arrest or work alternative.
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QUESTION:

I am an illegal person I did a felony 15 years ago I don’t have documents would affect me if I get my license? I committed a felony 15 years ago and I’m trying to clear my record cuz I want to try to get my license but I don’t know if that’s going to bring me trouble my felony was about drugs

ANSWER:

Suffering a felony conviction generally does not prevent a person from acquiring a California driver’s license. The DMV will not issue you a license if you have an active warrant, but if your case is closed, this shouldn’t be a problem. The only other potential problem would be if the DMV felt that you were at some point adjudged to be a “drug addict.” Short Answer – Your fifteen-year-old felony probably won’t stop you from getting a license.
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QUESTION:

My brother got two DUI s back to back, what should he expect? He didnt show up to 1st court appearance, he showed up to 2nd dui court appearance and they took him into custudy, no accidents, they pulled him over the 1st time for broken head light and had him alcohol blow approx 7 xs , 2nd x he ran a stop sign and they drew blood, he is in Pismo Beach, calif.

ANSWER:

In SLO Couny, a first DUI conviction is usually 2 days in jail and a second is 10. Your brother might be forced to post bail to be released if he picked up a second DUI while a warrant was out on the first DUI. But the one thing he definitely has working for him is that if he no-time-waivers the second DUI while in custody … the crime lab probably wont’s have the results of the blood back within the 30 day window to start the trial. I would try to get him a private attorney before he’s arraigned on Monday. This case could potentially be lost at the first arraignment if the public defender gives a time-waiver.
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QUESTION:

Can someone on electronic monitor be released early if they follow all the rules and have comply with all the rules? The case involve in DUI felony and the EM was denied at first in court but in jail I was qualified for it and since on the EM i have never broken a rule or gone to where i am not suppose to because they never call me to say why i was here or why i was there or things like that, I always called if I need to be somewhere and wait till i get prove.

ANSWER:

It’s possible but unlikely. If you went into court with proof of daily AA meetings, perhaps the judge might consider it. But I would be hesitant to even ask … considering that the Sheriff gave you EM despite the judge denying it. I could see the judge ordering SCRAM in addition to EM more easily than having the EM bracelet come off.
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QUESTION:

Can someone be convicted of a residential burglary for stealing a package from an apartment building lobby? My husband took a package sitting on the floor in front of the mailboxes on the wall of an apartment building lobby where the leasing office is. He is being charged with a 1st degree residential burglary while someone is home. It is a strikable offense. Please tell me if this is possible or if he should fight it.

ANSWER:

If that area was open to the public so that the leasing office could attract new customers, there is probably a strong defense to a residential burglary.
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QUESTION:

I was late turning myself into orange county jail and was turned away, is it mandatory to go to court first or back to the jail? I was ordered to turn myself in to Orange County jail for 30 days in Santa Ana, Ca last Friday but was turned away for being a few minutes past 7pm. Do i have to see a judge or can i show up at the jail this Friday before 7pm?

ANSWER:

It will take a while for a warrant to populate, so you probably cannot jail surrender this Friday. I suggest going to the courthouse and requesting to be placed on calendar for a new surrender date – and save that paperwork.
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