Legal Question in Criminal Law in California

plea

on a nolo contendre plea to

agreviated battery plea1.)is this first of all o.k. to plea to this if it will be

guaranteed to change to a misdeminor conviction battery in 12 months if good behavior and no trouble in the 12 months

2.) will not show as a conviction of

felony to loose state licenses ..only

if someone digs.

3.) if person sued civily already and

withdrew without prejidous.. can

she come back and sue immediately once the plea is entered as battery?

4.) Can you leave state?

5.) or take chance and go to trial

one more time after hung jury 7-5

my favor?


Asked on 3/08/08, 8:55 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: plea

To the extent I can comment on some of your questions without knowing more facts.

With 7-5 verdict in your favor in the first trial I am surprised the prosecution would go to trial again. What is it that they will do differently this time? Ask your lawyer about your chances . . .

A no- contest plea cannot be used against you in a civil lawsuit.

As long as you are on felony probation (before your offense is reduced to misdemeanor) your travel will be restricted by the probation department. They will need to agree every time you will want to travel outside the state perhaps even the county. You can always try to appeal their decisions to the court but the court is not very likely to go against probation recommendations unless there are compelling reasons or special circumstances.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/10/08, 5:32 pm


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