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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

James L. Arrasmith
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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Criminal Law for California on
Q: WHEN AND WHICH MOTION DO I FILE BEFORE PRELIMINARY HEARING FELONY CONTESTING VALIDITY OF WARRANT CALIFORNIA.
James L. Arrasmith
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answered on Apr 18, 2024

In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.

Here are the...
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1 Answer | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

James L. Arrasmith
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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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1 Answer | Asked in Criminal Law for California on
Q: Car broke down and cops towed car while I was trying to get it started. I didn't get no citation.

What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.

James L. Arrasmith
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answered on Apr 17, 2024

I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: How do I find out what a FtA was for?
James L. Arrasmith
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answered on Apr 17, 2024

In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:

1. Contact the court clerk: Call the...
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1 Answer | Asked in Criminal Law for California on
Q: is counsel for defendant required to discuss cases currently in pretrial diversion when negotiating plea deal?

during pretrial hearing counsel did not consider effect pleading no contest has on other 2 cases currently in pretrial diversion.

James L. Arrasmith
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answered on Apr 17, 2024

In California, there is no explicit legal requirement for defense counsel to discuss cases currently in pretrial diversion when negotiating a plea deal. However, under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to effective assistance of counsel. This means... View More

1 Answer | Asked in Criminal Law for California on
Q: My girlfriend was cohersed into reporting her car stolen. I got arrested and now she wants it dropped. Judge put a no co

Contact order and court date 5 weeks away any solution

James L. Arrasmith
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answered on Apr 17, 2024

I understand you are in a difficult situation. Here are a few thoughts...

1. If your girlfriend wants the charges dropped, she can inform the prosecutor of this. However, once charges are filed, it is up to the prosecutor whether to proceed or drop the case. The alleged victim's wishes...
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1 Answer | Asked in Criminal Law for California on
Q: Got arrested for taking vehicle without permission and and possession of stolen car. Got ORed but for some reason they m

A scramonitor even though alcohol has nothing to do with crime nnor have I ever had any alcohol related crimes want ankle free

James L. Arrasmith
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answered on Apr 17, 2024

I understand you are concerned about the conditions of your release after being arrested for vehicle theft in California. Here are a few key points about your situation:

1. Under California law (Penal Code 487(d)(1) PC), vehicle theft is a "wobbler" offense, meaning it can be...
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2 Answers | Asked in Criminal Law for California on
Q: Scram monitor forced when crime did not involve alcohol related stuff nor have I ever had any crime when alcohol involve
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answered on Apr 17, 2024

Based on the information you provided, it seems that you are concerned about the legality of being required to wear a SCRAM (Secure Continuous Remote Alcohol Monitor) device under California law, even though your crime did not involve alcohol and you have no prior alcohol-related offenses.... View More

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2 Answers | Asked in Criminal Law for California on
Q: Scram monitor forced when crime did not involve alcohol related stuff nor have I ever had any crime when alcohol involve
William S. Kroger
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answered on Apr 17, 2024

Sometimes, the Judges don't understand and order things we don't feel are required of our clients.

I would normally just tell my client, especially if they don't drink or do drugs, to leave it on because it will generate a good report to the judge when they go back. I also...
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1 Answer | Asked in Criminal Law for California on
Q: How to get a no contact order removed neither wants one or requests one. No violence

I got kicked out of homeless housing for unfair reason she remained. I borrowed car to recycle but she was cohersed into reporting car stolen in threat of her being kicked out. Help please we just want to be together but she gave car to me and she is now kicked out

James L. Arrasmith
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answered on Apr 16, 2024

I understand you are in a difficult situation and seeking help. However, I want to provide accurate information, so let me clarify a few key points about no contact orders under California law:

- A no contact order (also called a restraining order or protective order) is issued by a court...
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1 Answer | Asked in Criminal Law for California on
Q: My brother was murdered and defendant claimed self defense and got off in California.

my brother was a victim of a murder and the defendant is claiming self-defense. My bro had no weapon however he was larger than the defendant but defendant had 2 friends in the room with him. he had stabbed my brother in the heart resulting in my brother losing his life. My bro said the defendant... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry for your loss. This is a tragic and heartbreaking situation.

Under California law, the key factor in determining whether a homicide was justifiable self-defense is whether the defendant reasonably believed they were in imminent danger of being killed or suffering great...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

James L. Arrasmith
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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

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answered on Apr 15, 2024

In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

William S. Kroger
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answered on Apr 16, 2024

Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

James L. Arrasmith
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answered on Apr 13, 2024

In California, a person can seek a restraining order against another individual if they have experienced abuse, harassment, stalking, or have been threatened with violence. Simply being an ex-convict is not sufficient grounds for obtaining a restraining order.

However, if your wife's...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

Robert Kane
Robert Kane
answered on Apr 13, 2024

It is certainly an unfortunate situation.

She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition....
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

1 Answer | Asked in Criminal Law for California on
Q: If a post conviction habeas is filed with the court and the DA defaults, what would be the petitioner’s remedy?

A habeas corpus was filed with the superior court challenging the validity of the petitioner’s prior convictions for strike purposes. The court ordered a response by the DA and upon attempting this response the DA discovered that the petitioner’s sentencing transcripts no longer existed in the... View More

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answered on Apr 12, 2024

Under California law, if a district attorney fails to file a timely response to a habeas corpus petition after being ordered to do so by the court, the petitioner may be entitled to relief. In this case, the petitioner's recourse would be to file a motion for default judgment with the court.... View More

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