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Questions Answered by Joseph Abrams
1 Answer | Asked in Criminal Law for California on
Q: what happens if two kids in their 20’s get detained for suspicion of breaking in an old church, but then let go

so if two kids in their 20’s try to get into a what seemed to be abandoned church, get detained, then told to leave, can one still be arrested?

Joseph Abrams
Joseph Abrams answered on Jan 25, 2022

If they were only detained and let go without being cited at all, never further happens. Also, the incident should not appear in their automated criminal record since there was no arrest.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
Joseph Abrams answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law for California on
Q: What is a delayed sentancing hearing?

Is that part of the normal sentancing process?

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

Sentencing hearing dates are set based on the needs of the court, the parties, and the type of case it is. Without knowing anything about the case, it's impossible to say why the hearing would have been scheduled as a delayed hearing.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: first offense for driving a stolen car they offered my a deal for a felony conviction and 90 days what should I do ?

I had no idea it was stolen I was given the keys and I was going to bring the car back

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

You should consult with your attorney rather than persons on this forum that know nothing about your case.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Felon in possession of firearm, sales, transportation. How much time are they looking at?

Back passenger of a vehicle stopped for a brake light out. Last arrest was in 2012, no violence, weapons or drug charges. completely sober at arrest. Not on probation or parole and denied permission to search person or property.

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

It's impossible to know for sure without a thorough review of all relevant facts, including the circumstances of the offense and the history and characteristics of the defendant. It's best to contact an experienced criminal defense attorney to discuss your case in detail and know all your... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: In Ca, driver is on parole, pulled over for a brake lite, do the police have the right to question and search everyone?

I was arrested for some pretty serious charges the police officer stated he knew it wasn't my stuff but because it was on top of my purse and no one would claim it I had to go I think it was an illegal search though. I told them multiple times that I wanted my belongings out of the car so... Read more »

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

In some circumstances consent is not required, such as a search incident to arrest or seizure of contraband in plain view. You should consult with an experienced criminal defense attorney to discuss your case in detail and know all your options.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: DA filed charges against me based on lies from accuser and false police reports, what can I do?

I have proof of false accusations and no support from police. How can I get charges dropped?

Joseph Abrams
Joseph Abrams answered on Dec 28, 2021

Whatever problems there might be with the evidence can be addressed and litigated during the discovery phase of the case. Your first priority should be to retain an experienced criminal defense attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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3 Answers | Asked in Criminal Law for California on
Q: Hi last night my father in law was arrested because his daughter got drunk and attacked her mother (his wife)

My father-in-law stepped in to stop the attack and everyone being drunk the whole situation escalated until basically everyone was fighting. the police were called and my mother-in-law who has a black eye the size of a baseball chose not to press charges against her daughter to just end the... Read more »

Joseph Abrams
Joseph Abrams answered on Dec 23, 2021

Whether he gets out or is later charged are two different questions. He should be eligible for release on his own recognizance unless there is something about the alleged offense or his background that is aggravating. Whether or not he later gets charged will depend on the strength of the evidence... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Texas on
Q: Do deffense attorneys protect the victims of a crime or only the accused?

If you or someone you know becomes a victim of a White Collar crime, should you contact an attorney before reporting it? What type of attorney represents the victim harmed by the crime?

Joseph Abrams
Joseph Abrams answered on Nov 25, 2021

Defense attorneys often represent victims of crimes to ensure their rights are protected and they are being treated fairly within the system. The prosecutor is also a representative of sorts for victims as they are the Peoples attorney as well. However, a defense attorney for a defendant in a... Read more »

2 Answers | Asked in Criminal Law for California on
Q: How hard is it to be prove a false police report has been filed in California?

Besides the distortions and lies stated about the incident the person the police interviewed, at least the party quoted in the report, was not even present when the altercation happened.

Joseph Abrams
Joseph Abrams answered on Nov 25, 2021

It not a question of easy or hard. It depends on the evidence and surrounding circumstances. The facts you state here reveal very little about what options might be available. You should consult with an attorney experienced in this area.

- Law Office of Joseph Abrams, Anaheim, CA

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3 Answers | Asked in Criminal Law for California on
Q: My brother in law is going to court and no deals been offered can he offer a deal to his district attorney to settle
Joseph Abrams
Joseph Abrams answered on Oct 29, 2021

Any plea offer has to come from the attorney. He should discuss his thoughts about any settlement with his attorney, who can advise if it's a good idea or not.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Would there be a possibility to get my probation dropped? Any possibilities would be helpful. Thank you
Joseph Abrams
Joseph Abrams answered on Oct 28, 2021

Nothing prevents a probationer from filing a motion and requesting early termination of probation. Without more facts, it's impossible to know if you have a good argument for early termination. You should consult with your attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: Can the police open a criminal case against an FBI agent?
Joseph Abrams
Joseph Abrams answered on Oct 26, 2021

In the most general sense, the police can investigate anyone if there is reasonable suspicion and the person is within their jurisdiction.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I am reaching out on behalf of someone who was recently arrested in Riverside CA with multiple criminal charges.

I live in Arizona so I have not been able to get in touch with him . I looked up his information online and found that they are holding him on several charges. I would like to inquire about your services and get a quote on how much it would cost to take on this case.

Joseph Abrams
Joseph Abrams answered on Oct 23, 2021

You'd be better served doing your own research on attorneys who you think will are best suited to help your friend, and inquire directly with them regarding their fees. Also keep in mind that an attorney's fees do not always correlate with their experience or track record of success.... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: I just found out I have 2 warrants from 2019, I never received a ticket or a court date how can clear the warrant?

The warrants have a 10,000$ bail will they take me in if I put my self on calender?

Joseph Abrams
Joseph Abrams answered on Oct 20, 2021

The best way forward is to retain an experienced and ethical criminal defense attorney and then appear on the warrants. Whether or not you will be taken into custody primarily depends on the nature and circumstances of the offense and your personal history and characteristics.

- Law Office...
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2 Answers | Asked in Criminal Law for California on
Q: I just learned charges of a Hit and run were filed against me in 2020. I set a court date but what now?

I don’t have an attorney, this is the very first criminal charge I have ever had. I don’t have any information On the other party whatsoever. What can I do? I plan to fully dispute these bogus charges..

Joseph Abrams
Joseph Abrams answered on Oct 14, 2021

If you have been criminally charged, you should immediately consult with an experienced criminal defense attorney, who can advise you on the best way to move forward.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: For a kidnapping charge to stick does the victim have to testify in court

If someone went on a high speed chase with people in the car who consented to running from the police but then when caught accused the driver of forcefully holding them captive. But the victims not refuse to testify again the person in a criminal court,can the charge be dropped

Joseph Abrams
Joseph Abrams answered on Oct 9, 2021

There is no requirement that the victim testify in court, and depending on what other evidence there is, the charge may still be proven.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Domestic Violence, Criminal Law, Divorce and Civil Rights for California on
Q: I want to know what I need to do when I have been wrongfully convicted of domestic violence,& want it overturned/reverse

I have wife who has & is still lying saying that I've done horrible things to her, where when I have literally done not even one single thing to her at all & I feel all the way helpless with the despair of not be able to defend myself from such a terrible unthinkable & most... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 4, 2021

If you have been "wrongly convicted" I have to assume you had a trial or the opportunity to reach a plea deal. As such, you should ask your attorney in the case what your appeal options are, or otherwise consult with an experienced criminal appellate attorney.

- Law Office of...
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1 Answer | Asked in Criminal Law for California on
Q: If I took a deal for 6 years in prison with 3 years parole, can they extend my parole to 5 years after I’m released?

I paroled in nov 2007. I was only supposed to be on parole for 3 years but because of recent laws being changed I was made to do 5 years. How could I take a signed deal and then they change it on me?

Joseph Abrams
Joseph Abrams answered on Oct 1, 2021

Your sentenced is not what's in the plea agreement, but what you were actually sentenced to by the judge at your sentencing hearing, and which is reflected the judgement and commitment order. If you were sentenced differently than what was agreed to, the time to have raised that issue was at... Read more »

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