And out of blue the judge came at me with two charges that I know for sure I didn't commit which were misdemeanor identity theft and a felony which he didn't tell me what the felony was for
answered on Feb 6, 2023
Sorry to hear about your experience. First of all, Judges can’t “file charges” against anyone; that is done by the District Attorney.
When you are arrested, the police send their reports to the Prosecutor who can add additional charges other than the one you were arrested for based... Read more »
If arrested in yard of a home
answered on Jun 14, 2022
First of all, if the subject doesn't own the vehicle then they have no "Standing" to challenge the search of the parked vehicle. Second, if the subject had been in the vehicle, they may have probable cause to search it. What was found as a result of the search? It doesn't matter... Read more »
It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to... Read more »
answered on May 24, 2022
You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a... Read more »
We were pulled over for turning right after stopping at a red light. The cop said there was a sign stating 'no right turn on red' but I went back to the intersection and thoroughly looked for a sign stating that and there was none. Doesn't that make it an illegal stop and thus any... Read more »
answered on May 15, 2022
First of all, did they do a search of you and the car, find something illegal and arrest or cite you for that (misdemeanor or felony) or did you just get a ticket for No left turn (infraction)?
If you just got a traffic ticket, then the cop’s observation is not inadmissible, but it is... Read more »
answered on May 10, 2022
Since our profession is based on convincing the other side that we are right, you need to have excellent communication skills. You must be able to write clearly and effectively. If you want to be a trial attorney then you also need to be able to think on your feet and be able to pivot when... Read more »
is that when i take them to ,my next court date can the courts take m,e into custody?
answered on May 10, 2022
Yes, since the Court issued a Bench Warrant and forfeited the bail, you can be taken back into custody and have to post a new bail. However, if it is within 180 days of the Forfeiture, the Court may assess some costs, but will usually reinstate the bail; especially if you are walking in with... Read more »
I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?
answered on Apr 21, 2022
First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were... Read more »
answered on Apr 11, 2022
In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »
Is this a 2 part process? Felony to misdemeanor then misdemeanor to infraction?
answered on Mar 5, 2022
The short answer is that you can do it all on the CR-180 form available online. There is a box to check to "Reduce Felony to Misdemeanor PC17(b)" that you should check. For DUIs, certain jurisdictions require a showing of "Good Cause" meaning why you need the charge to be... Read more »
My husband was scheduled to go to court today but was not called and was not seen.. If charges are not filed after the 72 hour period will he be released?
Lastly, When I pull up his information is states his charges, bail amount for current charges and under disposition is has... Read more »
answered on Nov 10, 2020
If no charges were filed and there are no other "holds" from other cases he may have, he should be released. However they have up to 1 year to file a misdemeanor and 3 years to file most felonies. If they don't have the evidence together yet (lab results, videos etc) they will... Read more »
I am particularly concerned because I was excused from a criminal case involving drug possession. I admitted I was previously involved in illegal drug possession although I was never arrested nor charged in that. At the moment I knew it was in the best interest of the court and I was being... Read more »
answered on Oct 14, 2020
No, you have nothing to worry about. In fact, being truthful is what the entire process of Voir Dire is about so you did the right thing. Also, you can't be convicted based on just your own words; they need other evidence.
Thanks for participating in the jury process!
For my hit and run ?
answered on Oct 14, 2020
It all depends on if you hit a person (VC 20001) or an object and no injuries (VC 20002). If you left the scene and someone was injured (even if not your fault) it can be either a Felony or a Misdemeanor. If you just caused property damage, it is a straight misdemeanor. As far as jail time it... Read more »
I also didn't get any letter from the court because they mailed my letter somewhere else no I have a warrant I went to the court house and file to be on the court calendar I have court the 27 of oct.
answered on Oct 14, 2020
Since you mention that you have completed your classes i take it you are on Probation for a DUI. That also means that you are charged with Vehicle code section 14601.2 that is more serious than other types of suspension. They will also presume that you fled because you were under the influence... Read more »
answered on Jul 21, 2020
This is not an issue for a civil suit (what are your damages?) so it was transferred to Criminal. If you have in fact been threatened you should make a police report. Give the evidence of the threat (voice mail, email, text, video) to them and they will investigate and, if they feel there was a... Read more »
What should a court order for search and seizure entail.also if it statesc1 day for night search must it be enacted that night.does copschave right to forcefully take your personal keys and is a locksmith required.i had documents stolen and not handed over to signing judge.and broken furniture and... Read more »
answered on Jan 5, 2020
If you were arrested as a result of the Search due to items seized, you need to retain an experienced criminal defense attorney near the Courthouse you are ordered to appear in.
If a Search Warrant allows it to be served "Day or Night" it can be executed at any time of the day.... Read more »
I am trying to get my guard card and firearms permit for over a year now and I received a letter from the DOJ saying there is nothing further they can due since there is no disposition. I am going to court house to resolve this matter.
In addition to the FBI research they have concluded... Read more »
answered on Jan 2, 2020
You can file to have your record sealed at the Courthouse that you were to appear in. Since no charges were filed, pursuant to Penal Code section 849 et seq your arrest is now considered a "Detention Only".
You can also Petition the police department that arrested you for a... Read more »
answered on Jan 2, 2020
Once Probation is successfully completed (no violations) then the case is over and the 3 years ESS is terminated.
The "charge" remains the same it is just that the Sentence is never Executed.
The lawyer who was present at the Sentencing would know if there were any other... Read more »
answered on Dec 30, 2019
Interesting question that requires more information. What were you arrested for? Where were you arrested (home, in a car, at another location) and what is your disability?
If you are interested in filing a lawsuit you need a lawyer specializing in ADA/Civil rights. If you want to see how... Read more »
answered on Dec 28, 2019
If you let a person with a Suspended License drive your car, it can be impounded! It doesn't matter if your license is valid; it's the Driver who must have a valid license. Hopefully you didn't acknowledge knowing their DL was Suspended and can get your car out of impound faster.
Shannon Murrell. Happened in January 2018. I'm going to turn myself in.
answered on Dec 26, 2019
First of all, have you appeared in Court already or did you not show and have a Bench Warrant? If you haven't appeared yet, your best bet is to show up to the Court that issued the warrant to ask that it be recalled and have the Public Defender appointed to represent you. That way, you may be... Read more »
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