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Questions Answered by John Karas
2 Answers | Asked in Criminal Law for California on
Q: Will I get drug tested for my first court date after being caught in possession of mushrooms as a minor?

It's my first time having trouble with the law. I was caught in possession of a small amount of psilocybin mushrooms a month ago when I was a minor. I'm an adult now, but I'm not sure if that makes any difference. Will I get drug tested on my court date?

John Karas
John Karas answered on Jan 21, 2022

It's unclear from your question whether you have a court date for Arraignment set and where. Check the citation or go online on the Orange County Superior Court website and type in your case number.

If charged as an adult, your case will likely be heard at the courthouse in...
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2 Answers | Asked in Criminal Law for California on
Q: What if someone imports drugs from out of country?
John Karas
John Karas answered on Jan 12, 2022

Drug importation is a federal offense which would be charged as a felony. Depending on what type and quantity of the drugs as well as the prior criminal record of the person(s) involved, federal sentencing guidelines would dictate how long a jail sentence would be imposed.

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2 Answers | Asked in Criminal Law for California on
Q: I was hit in the head and split open by a large stick in someone's house because We got into an arguemen. I was

After being hit I did not hit back. I replied your lucky it's Me You hit because anyone else would have cracked Your face open for that. He then ran at Me with said large stick and hit me 2 times in the head. I was barely able to receive my belongings while leaving the premises. They... Read more »

John Karas
John Karas answered on Jan 9, 2022

First, you can't "press charges". Only the District Attorney's (DA) Office can.

In order file criminal charges, the DA needs something to work with such as an investigation by the local police. Did you report the incident to the police? Did you seek immediate...
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3 Answers | Asked in Criminal Law for California on
Q: can highway patrol pull you over on a basic traffic stop, not conduct the procedure, instead search my whole car?

got pulled over, basic traffic stop he said loud music. I Lost my DL but I was valid and since I couldn't find my wallet. they forced me out pat me down. had nothing on me. proceeded to search my vehicle with no consent. I had a large amount of cash. 35k neatly bank banded. I play high stakes... Read more »

John Karas
John Karas answered on Jan 7, 2022

Assuming everything you said is true (and I have no reason to doubt what happened as police officers use every opportunity they can invent to conduct an unlawful search having handled dozens of these type of cases), I suggest you hire private counsel to file what called a Penal Code 1538.5 Motion... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: My son has hearing for mental competency to stand trial. Can parent supply mental illness info.

My son has been on and off his meds for 3 years. Has had 3 involuntary commitments (5150) in California. He can pull himself together for an hour, but then the manic behavior returns. Can I supply info to the court on his condition. He urgently needs treatment before undergoing a criminal trial.... Read more »

John Karas
John Karas answered on Dec 30, 2021

Your question should be directed to your son's attorney regarding whether you would be allowed to testify. Ordinarily, the Judge will consider testimony from a medical expert, the expert's review of not only your son's past medical records and an evaluation after seeing/speaking... Read more »

2 Answers | Asked in Domestic Violence for California on
Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

John Karas
John Karas answered on Dec 30, 2021

Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever...
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2 Answers | Asked in DUI / DWI for California on
Q: DUI. Fell asleep in drivers seat with foot out of door after drinking outside of inoperable vehicle..

My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)

I proceeded to call friends i was gonna meet with that evening to celebrate... Read more »

John Karas
John Karas answered on Dec 29, 2021

The first thing you need to do is consult with an experienced criminal defense attorney who handles DUI cases ASAP that knows what they are doing. If, as I suspect, you meant your BAC (Blood Alcohol Content) was .31, that's nearly 4 times the legal limit, and the penalties will be... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I bought a shotgun online and failed my background check and can’t return the gun to the armory I bought it at.

Do I have to sell it to the pawnshop that’s holding it or can I sell to someone who is legal to own it? What rights (if any) do I have to this gun?

John Karas
John Karas answered on Dec 23, 2021

Sale of the shotgun would have to be done using a licensed firearms dealer.

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3 Answers | Asked in Criminal Law for California on
Q: SO IF THREE PEOPLE GET GRAND THEFT CHARGES FROM WALMART AND ONE OF THEM MISSES JURY TRIAL WHAT WILL HAPPEN TO THEM???
John Karas
John Karas answered on Dec 23, 2021

The Judge will issue a bench warrant for that defendant's arrest. Additional criminal charges may be added for failure to appear.

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3 Answers | Asked in Criminal Law for California on
Q: If a person breaks into your yard or your house and has a weapon, can you defend yourself and to what point?
John Karas
John Karas answered on Dec 20, 2021

Is this a hypothetical question or are you seeking validation for something you plan on doing?

Under the law, you can use reasonable force to defend yourself. If the intruder has a knife, stun gun or something like that, you have a firearm, he turns to flee and you gun him down you're...
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2 Answers | Asked in Criminal Law for California on
Q: I was employed by a timeshare company without a license and sold millions they made me commit fraud

I have all of the info and all of those contracts are voidable due to fraud

John Karas
John Karas answered on Dec 12, 2021

Are you being charged with a crime? Usually, the kind of fraud you describe is the subject of a civil lawsuit. Also, it's unclear whether the company you worked for was unlicensed or you were unlicensed.

Either way, I suggest you contact an attorney experienced in handling fraud...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: What kind of attorney would I be looking to hire?

I was most recently got cahsed down by a boyfriend who hit my car. Now the other big issue is I have filed several police reports about this man and the Sheriff's have completely violated my rights by making excuses for him. After looking at all my police reports the Sheriffs left out very... Read more »

John Karas
John Karas answered on Dec 7, 2021

Hire an attorney to file a Civil Harassment Restraining Order on your behalf. A subpoena can be issued to obtain the casino surveillance tape to bolster your case.

If your BF caused damage to your car, submit a claim to your auto insurance carrier. If you have a deductible you had to pay...
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2 Answers | Asked in Criminal Law for California on
Q: What should I do if false accusations were made against me and was reported to local law enforcement I was told a warran

Warrant issued with in 24 hrs of accusations

John Karas
John Karas answered on Nov 22, 2021

Hire a criminal defense lawyer in your area who handles the type of warrant issued for your arrest.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: An officer thought something was stolen and demanded their removal can he still search?

Officer said speakers in my back seat “looked like boat speakers” and demanded I return them to an obviously abandoned boat outside in the desert across from pick-a-part. When I took them from my car he proceeded to search my car, including closed containers/my purse which obviously did not... Read more »

John Karas
John Karas answered on Nov 19, 2021

Whether the LEO (Law Enforcement Officer's) actions constituted a unlawful warrantless search of your vehicle and your purse, was anything incriminating found? Were criminal charges filed against you? If not, what do you hope to gain by asking a rhetorical question?

Also, you list...
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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Its my first time getting a DUI, I dont know what to do and need help but have no money, can someone help me please

Or send me to someone that maybe could. My English isnt that strong. I got my DUI 10/23/2021 on Baily Rd. Bay Point, Ca. A car had stopped infront of me and I didnt break in time good enough and hit the vehicle infront of me no one hurt.

John Karas
John Karas answered on Nov 17, 2021

If you don't have any money to pay for a private attorney to represent you, at your arraignment where you plead no guilty ask for a Public Defender to be appointed.

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3 Answers | Asked in Criminal Law for California on
Q: had trial and it was cut throat defence his lawyer used DNA to prove association but after the trial the DNA change t

It was a glove that said to have my co accused DNA then later it wasn’t his but judge instructed saying it was his

John Karas
John Karas answered on Nov 14, 2021

I concur with Mr. Moseley. There's no question. I will simply add that you undoubtedly were represented by legal counsel, whether a Public Defender or an attorney you hired.

Ask your legal counsel what remedies you may have, such as an appeal, assuming you were convicted of an...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: My husband is in jail and has been for 41 days on a probation violation the courts keep pushing his court out each week

And won't let him out of jail and they're not charging him with any other charges and they won't release him and I need help to get him out and home as soon as possible

John Karas
John Karas answered on Nov 10, 2021

If your husband was arrested and charged with a VOP (Violation of Probation), he has undoubtedly been arraigned (denied the VOP) and a Public Defender has been appointed to assist with his defense. That's who you should be contacting or hire private counsel to take over handling his defense... Read more »

4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... Read more »

John Karas
John Karas answered on Oct 31, 2021

The DMV action taken against your license is independent of the DUI criminal case. If you're eligible to have your license re-instated by the DMV, there's nothing to prevent you from doing so.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?

Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... Read more »

John Karas
John Karas answered on Oct 28, 2021

The Judge isn't the one who files charges; it's the DA's Office. Ordinarily, an infraction such as an unsafe lane change will have no impact on the pending charge stemming from the traffic incident.

However, depending on your age when you had that one drink, whether you...
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2 Answers | Asked in Criminal Law and Family Law for California on
Q: In california, why would my lawyer want me to get a physical exam for?

My friend is being charged with attempted murder even though he did not try to kill anyone. His lawyer is requesting that he gets a physical exam done. This case started a year ago. I’m unsure what the reason for getting this done because he is waiting for sentencing in a couple days

John Karas
John Karas answered on Sep 25, 2021

First, in the caption of your question you ask why would YOUR LAWYER want you to get a physical exam but in the body of your question the exam is for a friend of yours about to be sentenced which is inconsistent.

Only the lawyer and his client know the reason for the exam to be done. If...
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