SanTana Pot Raid Arraignment Clogs Court

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Ronnie Cote/OC Weekly
No Medicating happening at Civic Center...

Remember the itty-bitty pot raid that Santa Ana PD carried out on July 31st? September 2nd was the arraignment for some 123 total marijuana misdemeanor violations. And so far it seems only one out of this smorgasbord of arrestees plead guilty and swallowed the $500 fine. That's right folks. A large number of them waived their right to a speedy trial and are opting to fight the charges.

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Better Call Glew: Computer Sexytime Edition!

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Jay Brockman
Hi Mr. Glew,

I have begun receiving nude pictures in my personal email from an anonymous email address.  I do not know who is sending me these pictures because the face is never shown. Is this sexual harassment? Do I have to ask the person to stop sending me the pictures before I can call the police? What can I do to make it stop?

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Better Call Glew: Bench Warrant Blues

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Jay Brockman
Hi Mr. Glew,

I received a letter in the mail stating that there was a bench warrant for my arrest for failing to pay fines from a DUI I got a couple years back. I don't know how to clear this up without going into court but I'm afraid if I go to court I will get arrested.

How can I clear this up?



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Better Call Glew: Driving While Anxious

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Jay Brockman
Hi Mr. Glew,

I was arrested for a drug DUI after taking anxiety medication and driving my car. How can the prosecution show I was "under the influence" if there is no level for prescription meds like the .08% for alcohol?

While there is a bright line rule for alcohol DUI's, 0.08%, there is no such rule for controlled substances, prescription medications, or even over -the-counter medications. An individual will test positive, for most drugs, for several days, to several months, depending on the substance. The important thing to carry away is that you may test positive for a drug days, weeks, or even months after using it, when the drug is no longer psychoactive.

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Better Call Glew: Divorce Edition

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Jay Brockman
Hi Mr. Glew,

I am trying to divorce my husband but my attorney has been unable to serve him. I am pretty sure he is intentionally avoiding service.

Is there any advantage he can gain from avoiding being served?  What do I do if I am unable to serve him?

There is no real strategic advantage to your husband avoiding service, unless he is trying to establish residency in another state. More likely, your husband is attorney shopping and wants his attorney, once retained, to have the full 30 days in which to respond. On the other-hand, your husband simply may not be ready to call it quits. More often than not, the latter is the motivation to avoid service.

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Better Call Glew: The Case of the Wanna-be Conspirator

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Jay Brockman

Hi Mr. Glew,


My friends were planning on running an identity theft scam and at first I was thinking about going along with their plan and I agreed to help but then I got scared and backed out right away. A couple weeks later they went through with the plan and were arrested. Can I be charged with conspiracy?




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Better Call Glew: Arrested (But Not Charged) With DUI. Wipe Me Clean!

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Jay Brockman
I was arrested a while back for DUI and the DA never filed charges. Is there a permanent record of my arrest somewhere even though no charges were filed?  If there is a record, is there anything I can do to get the arrest off my record?

This is the question I am most often asked when a client's case is dismissed, or when the District Attorney's office decides not to file charges. The answer to your first question is yes, there is a record of your arrest, even though no charges were ever filed. With regard to your second question, the answer, again, is a yes. In order to seal, and ultimately destroy, the record of an arrest that did not result in the filing of criminal charges, you must file a petition for factual innocence with the arresting law enforcement agency.

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Better Call Glew: Small Claims Court Edition

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Jay Brockman
Hi Mr. Glew,

I am landscaping my yard and my gardener burned me and didn't do the work after I paid him $3,000. I think this is the type of lawsuit you file in small claims court. Is that correct? If so, how does a lawsuit in small claims court work, and how likely will I get my money back?

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Better Call Glew: Hit-And-Run With a Parking Lot Pole

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Jay Brockman
Hi Mr. Glew,

Right now I'm on probation. Last month I was leaving an ATM and I backed my truck into a painted pole in the bank's parking lot. I didn't hit it hard so I just left. Later I noticed a little bit of paint on my bumper but nothing major. Yesterday the police came to my house and questioned me about what happened and said they had video of it. Can they charge me with hit and run if I didn't hit a car and will it be a violation of my probation?

 
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Better Call Glew: Stolen Property Alert

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Hi Mr. Glew:

I was buying audio equipment from my buddy for a really good price then reselling it on eBay.  My friend got arrested for theft and the cops came to my house and questioned me about the stuff I sold on eBay. I ended up talking to them for a half hour and when they left they said they might charge me with possessing stolen property. I don't think the equipment was stolen, but you never know. I definitely don't know for a fact it was stolen. Can they really charge me with receiving stolen property if I didn't know it was stolen?  


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