JOE FRANCIS MAY 16, 2014 ARREST, WHAT THIS MEANS?

When these arrests happen, the news media typically does not have all the legal nuances.  A copy of the latest arrest is here.    TMZ has him on video running from jail.  Just click on the link below.  It will go to TMZ so you can watch for yourself.  What is he running from?

Here is the link:  Francis Running from Jail

Francis on the move

Francis on the move

 

 

Francis Arrest Log

Therefore, the purpose of this short blog is to update my readers and users of this site with some more professional and detailed analysis.

First, Mr. Francis is already on summary probation in the LAX Court for three years. This means, any violation of law could and most probably will trigger a probation violation. This means if the Court by a preponderance of evidence finds he violated the probation, the Court can sentence him immediately to the probation violation. There has been some disputes as to whether he could then post a second bond.

Presently, he is on bail pending appeal on the first case. In the appeal, things are not going very well according to the docket.

05/13/2014 Motion-Relief-Default
Filed by Attorney for Defendant/Appellant
04/15/2014 Order (Appellant’s second request for a 60-day extension to file an opening brief is denied. FL=VlD )
Filed by Court
04/15/2014 Notice (OF DEFAULT NO AOB FILED )
Filed by Clerk
04/09/2014 Application-Extension-File Briefs (received not filed- given to Judge re: POS )
Filed by Attorney for Defendant/Appellant

This means that he defaulted, the Court denied his request for an extension, and he has a pending motion to vacate the default. If that is denied, his sentence will be imposed.

Furthermore, he has an arraignment on the new arrest, if he is charged, on June 11, 2014.  Now, separately, here is the fun part.  Matthew Heyn, the Trustee’s attorney, will most likely be filing an OSC re: contempt for violating the preliminary injunction issued against him.   Here is a copy of the order.

Francis-Injunction

Here are the highlights:

Coming within 100 feet of GGW’s offices (located at 10940 Wilshire Boulevard,
Los Angeles, California 90024 (the “Premises”)) or its employees.

Threatening or harassing employees of GGW or Argyle Online, LLC.

In addition, the City Attorney’s office will be reviewing the arrest to see if they will file a probation violation.   This could complicate things dramatically for Francis.  As you saw with Lindsay Lohan, one cannot repeatedly violate probation and stay out of jail.  Chris Brown, the same thing.

In the next week, Francis will most likely learn if the Trustee files and OSC for contempt, the appellate court allows him relief from default on his opening brief, and the City Attorney’s Office decides to bring a probation violation against him.  There is never a dull moment chronicling the former owner of Girls Gone Wild’s legal affairs.

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