Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More 
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answered on May 5, 2024
In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:
1. Reasonable expectation of privacy: If the area where the conversation took place was not... View More
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answered on May 5, 2024
Yes, in California, there can be two separate indictments involved in the same case under certain circumstances. This is known as "dual indictments." Here are a few scenarios where this might occur:
1. Grand jury indictment and complaint: The prosecutor may file a complaint... View More
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answered on May 5, 2024
If you are a defendant in a criminal case and believe that disclosure of a CI's identity is essential to your defense, your attorney can file a motion with the court to request this information. However, courts generally only grant such requests in rare circumstances when the CI's... View More
I have a felony battery with serious bodily injury. It's a first offense. I was given probation for it. It happened a long time ago but court took a while, and now half of my probation will have passed.
I am on low-risk probation and have not heard anything from probation since being... View More
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answered on May 4, 2024
In California, the decision to terminate probation early is at the discretion of the court, and the District Attorney (DA) can choose to oppose or not oppose the motion. Generally, the DA is more likely to not oppose early termination of probation when:
1. The probationer has successfully... View More
answered on May 4, 2024
This is something you most likely needed to address before trial. You can certainly pay an attorney to evaluate your situation.
My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the... View More
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answered on May 4, 2024
Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:
1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given... View More
What if it is not clearly defined as a "Wobbler"...Supposedly H&S 11350 is not a "Wobbler" offense...Could a person still attempt to file a motion for reduction via 17B? And say they successfully filed the 17b motion...though it is not a "Wobbler" offense....And... View More
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answered on May 4, 2024
In California, a "wobbler" offense is a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. The decision to reduce a felony to a misdemeanor under Penal Code 17(b) is typically limited to... View More
I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More
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answered on May 3, 2024
Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:
1. Lawful inquiries: Police officers are allowed to knock on your... View More
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answered on May 2, 2024
I apologize, but I don't have enough context to determine which specific file you are seeking or what information you believe you are supplying. Different types of records requests in California have different processes and requirements.
In general, to request public records in... View More
Can a person in the vicinity of a gunshot run away and become aggressive if there is a shootout between the police and the gunman? Do officers have a legal basis to shoot a bystander behaving in the manner described above?
Please provide the legal grounds, if any, for police officers to... View More
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answered on Apr 30, 2024
It would generally not be legal or appropriate for police to shoot a bystander who was fleeing the scene of a shootout, even if that person appeared aggressive or erratic in their behavior. Police are only legally justified in using deadly force when there is an immediate threat of death or serious... View More
I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More
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answered on Apr 30, 2024
Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:
1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these... View More
In March 11 a friend died in our room at the airb&b.
she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s
And according to the... View More
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answered on Apr 29, 2024
In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More
My camera covers my yard and catches some of their backyard.
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answered on Apr 28, 2024
In California, a criminal protective order that includes a provision stating "May not keep under surveillance" implies that you should avoid any activity that could be construed as monitoring or spying on the protected person. This includes the use of cameras that capture activity in... View More
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answered on Apr 28, 2024
I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.
Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the... View More
I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More
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answered on Apr 27, 2024
Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More
Because the office wasn't in a police car and also had normal clothes. The reason I was scared is because without looking like a cop anymore could have said they where a police officer and want to hurt me.
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answered on Apr 26, 2024
Under California law, a police officer is allowed to execute a warrant while wearing plain clothes (i.e., not in uniform). However, the officer must identify themselves as law enforcement and present official identification when serving the warrant.
If you are concerned about the legitimacy... View More
In California, is an officer obliged to provide a lawyer with the report and evidence (photos, recordings) regarding the client's case (arrested/detained person) at his request?
Please provide the legal basis, e.g. from the Penal Code, if this is true.
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answered on Apr 25, 2024
In California, criminal defendants have the right to obtain discovery from the prosecution, which includes relevant police reports and evidence. This is based on the U.S. Constitution's due process protections and California state law.
Under California Penal Code Section 1054.1, the... View More
The expungements were more than 7 years ago. The volunteer application has conflicting language on whether or not they need to be disclosed. That said, they don't fingerprint for this level of volunteer.
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answered on Apr 25, 2024
In California, the general rule is that you do not need to disclose expunged convictions when applying for most jobs or volunteer positions, especially if the convictions are more than 7 years old. This is because an expungement under California Penal Code 1203.4 effectively dismisses the... View More
I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.
The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.
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answered on Apr 25, 2024
I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.
First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was... View More
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answered on Apr 24, 2024
Under California law, simply being accused of a crime by another person is not enough to get you arrested. For an arrest to occur, there must be probable cause to believe that you committed a crime. Probable cause is based on factual evidence, not just an accusation.
However, if the lady... View More
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