-In 2011, a Man was convicted of 4 attempted murders.
-Its a shooting in which nobody sustained an injury, nobody got hit.
-Prosecution introduced the killzone theory.
-Prosecution did not identify who the primary target was.
-Would this, in theory, be sufficient... Read more »
answered on Jul 13, 2022
No. Also, the time in which to file an appeal has already expired years ago.
I am trying to sue the 4 police departments who are responsible for the death of my registered domestic partner. The investigation is still ongoing, 9 months later, and even the cause of death still saying pending on his death certificate. But I am on a time limit for filing these lawsuits so I... Read more »
answered on Jul 13, 2022
You are under strict time limits to file a lawsuit for wrongful death, loss of consortium, etc. You are required to give formal, written notice of a claim within 6 MONTHS from the date of the occurrence when it involves a public/government entity. There are certain exceptions for late filing of... Read more »
And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?
answered on Jun 24, 2022
If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.
answered on Jun 20, 2022
If you have not been sentenced, no judgement has been taken against you or within 6 months of a order granting probation, you can file a Motion to Withdraw your plea pursuant to Penal Code 1018.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1018.&lawCode=PEN
Can the kill zone theory ( error)
Apply for sb 775 if so how?
answered on Jun 9, 2022
If you were the defendant, charged and convicted of the attempted murder/aiding and abetting the same, ask your lawyer.
If not, read SB 775. It provides a mechanism for filing a petition to have the conviction modified provided it is not final to challenge the its validity by appeal to... Read more »
I was in a accident, the other driver was found 100% at fault. My hospital bill was $52,000. I was able to negotiate with the hospital to take off $14,000 leaving me with $37,000. The person Who hit me only had a bodily injury of $15,000. I have under insured bodily injury of $25,000 with AAA. My... Read more »
answered on Jun 9, 2022
I suggest that you consult with an attorney or law firm that specialize in Insurance Bad Faith in your area.
Be aware that they may or may not take on your case against your insurer on a contingency fee basis because of the relatively modest UIM policy limits but if the insurer refuses to... Read more »
I can’t go to jail I have 4 kids under my care
answered on May 28, 2022
I wrote a Guide on this subject several years ago. https://www.avvo.com/legal-guides/ugc/bench-warrant-violation-of-probation-diy-or-hire-a-lawyer-legal-guide-
Copy and paste the link in a separate browser window.
You can either try to DIY or hire an attorney to get the judge to... Read more »
I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »
answered on May 15, 2022
It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized... Read more »
answered on May 11, 2022
It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone... Read more »
I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake... Read more »
answered on May 11, 2022
You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9... Read more »
answered on Apr 28, 2022
There are plenty of websites, including the Superior Court in Sacramento, where you can download a form to make a PC 1381 demand to be taken to trial in a county with charges are pending against you if you are serving a sentence in another county that is longer than 90 days.
Use Google or... Read more »
A small fender bender turned into an assault with a deadly weapon charge and a warrant for 98,000 dollars
answered on Apr 28, 2022
What you characterized as merely a minor traffic accident must have escalated into a much more serious situation where the person charged with ADW (Assault with a Deadly Weapon) threatened the other party with GBI (Great Bodily Injury) using a weapon ranging from a knife, gun, etc. to something... Read more »
I HAVE HAD 3 CONFLICT ATTORNEYS I WAS ARRESTED DEC OF 2021 NEXT COURT DATE IS PRELIM . ONLY CONVERSATION WAS ABOUT A DEAL FROM DA NEVER ABOUT ANY TYPE OF DEFENSE OR DETAILS. 3 FELONY CASES
answered on Apr 24, 2022
This is how the criminal "justice" system works. You get what you "pay" for.
FYI, Conflict Counsel in Riverside County only get paid a flat fee of $500 (unless the case goes to trial, then it's a measly $1,500). No reasonably competent criminal defense attorney... Read more »
Defendant was charged in the death of a minor at a daycare. When it was agreed he would plead guilty, the DA tacked on abuse charges that did not involve the deceased child, allegedly to boost sentencing. Just trying to find out if there is any recourse or if that is allowable.
answered on Apr 12, 2022
A DA is bound by a plea bargain agreement and cannot add new charges that were not agreed upon for sentencing purposes.
If the change of plea has not been entered (paperwork signed and Judge accepting it on the record), then you go back to square one (no deal).
However, if the... Read more »
I was visiting family in Oregon and Saturday night (April 9) I was pulled over and received a dui but I live in California and can’t travel back and forward. My court date was set for June 6, 2022 and I want to know if my case can be transferred to my county.
answered on Apr 12, 2022
I agree with Mr. Bair. Hire a criminal defense attorney who specializes in DUI cases. Often overlooked defenses (everything from the unlawful basis of the stop to your blood alcohol level) can be raised if you hire the right attorney.
Otherwise, appear on your own behalf. If you are... Read more »
My case is 5 years old and i had to plea guilty for them to sentence me last year
answered on Apr 8, 2022
You should pose this question to the attorney or Public Defender who represented you at the time of your sentencing. You mentioned that you pled guilty 5 years ago and by not having performed the CS, you are technically in violation of your probation and a bench warrant probably has already issued... Read more »
Possession of ammunition possession of meth resisting arrest and I called them on accsident I didn’t know iPhones call 911when u hold buttons down I need defence help
answered on Apr 7, 2022
You are facing significant jail time. Either hire a really good criminal defense attorney in your area or be content with a Public Defender being appointed (assuming you are income eligible) on your behalf.
Backpack. They asked to search my car, I declined.
They called a K9 unit and proceeded to search the car regardless of my refusing permission.
They found some controlled substances and aluminum knuckels. I was arrested without Miranda rights. And am in court now. I was never cited... Read more »
answered on Apr 6, 2022
Based on what you wrote, you appear to have a tailor-made situation for a Penal Code 1538.5 Motion to Suppress the evidence seized.
Since you apparently are in the Ontario area, West Court in Rancho Cucamonga is likely to be where the criminal charges have/or will be filed against you.... Read more »
I found out that I have a warrent due to not attending that Court date.
What are my options?
answered on Apr 3, 2022
I wrote a legal guide several years ago which goes over your options when you fail to appear for a court date and a B/W (Bench Warrant) has been issued for your arrest.
https://www.avvo.com/legal-guides/ugc/bench-warrant-violation-of-probation-diy-or-hire-a-lawyer-legal-guide-
If... Read more »
Someone took a vehicle from the car owner pulled him out of car took their car not sure if he hit the guy
answered on Apr 3, 2022
While laws in many states are similar. they are not the same. You should post your question in the forum to get answers to your question from criminal defenses attorneys in Wyoming.
Here in California, you would likely be charged with car-jacking which is a felony, considered a... Read more »
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