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Questions Answered by Joseph Abrams
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... View More

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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?

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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... View More

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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... View 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?

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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... View 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.

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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
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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
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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?
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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... View More

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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.

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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.... View 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?

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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.

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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..

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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

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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... View More

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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.

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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?

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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... View More

3 Answers | Asked in Criminal Law for California on
Q: The father of my children/ boyfriend is in need of a criminal defense lawyer that will help us pro bono, if possible.

They're trying to charge him with attempted murder, kidnapping (with a prior), and torture. I have screenshots of messages from the alleged "victim" admitting that he framed my boyfriend to put him in jail, in order to be able to catch me in my sleep again. We really need a criminal... View More

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answered on Sep 27, 2021

First, there are many very good public defenders; unfortunately, most of the have overburdensome case loads. Also, any good attorney will make strategic/legal decisions only after reviewing and understanding the evidence in the case, and that advice may not always be what the client wants to hear.... View More

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2 Answers | Asked in Criminal Law for California on
Q: If someone did something and I didn't know about it but he was with me am I able to get charged with the same crime
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answered on Sep 21, 2021

I agree with attorney Gribow that an otherwise innocent person can find themself in trouble when they spend time with persons who commit crimes. However, generally speaking, most criminal offenses require some level of intent which must be established and proven by the prosecution.

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2 Answers | Asked in Criminal Law for California on
Q: Being charged for the first time with 25850(a)/(c)(7). Gun was registered. What are cost estimate for lawyer?

Happened a year ago. Was originally released. Used for self defense after being attacked by 3 men.

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answered on Sep 20, 2021

This is a misdemeanor offense in California. The cost of the lawyer will depend on who you decide to hire. Keep in mind, that the price of a lawyer often does not correlate to either their experience or prior success.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Are co-defendants supposed to have the same case number in a felony matter, if filed in the same complaint?

Even if one co-defendant fled & gets arrested five months later? Will he have the same case number as co-defendant ?

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answered on Sep 18, 2021

Yes, codefendants named in the same charging document will have the same case number, although some jurisdictions may add a number at the end of the main case number to indicate the number of each defendant (i.e., 1, 2, 3, ect.).

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

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answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

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