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Questions Answered by John Karas
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.

John Karas
John Karas answered on Sep 20, 2021

Attorneys are prohibited by Justia from giving cost estimates on this site. Not all criminal defense attorneys are the same (experience, skill etc.) so call several, ask for a consultation and what the amount of legal fees they would charge.

Be aware that most of the time PC...
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1 Answer | Asked in Criminal Law for California on
Q: So this is kind of complicated: on 9/9/19 I got arrested for a felony 530.5(c)(3), Misd 11350(a), Misd 11364(a). I got

Bailed out for those charges. On 11/15/19 I got arrested for a Felony 530.5(c)(3) ×5, Felony 30305(a)(1) and an Enhancement for committing a felony while out on bail. I bailed out on these charges. On 8/20/20 I was charged with a felony 487(a) ×5, Felony 530.5(a) × 8 and 13 Enhancements for... Read more »

John Karas
John Karas answered on Sep 19, 2021

Let your attorney explain how the sentencing will work. You've obviously already been arraigned on the initial charges in 2019, the ones charged last November and probably on the ones charged in August of this year.

If you don't have an attorney and you meet the financial...
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2 Answers | Asked in Domestic Violence for California on
Q: I was served a restraining order by my ex in which she has several false allegations.

I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in... Read more »

John Karas
John Karas answered on Sep 19, 2021

I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.... Read more »

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
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3 Answers | Asked in Criminal Law for California on
Q: Ok so if you go to a store and test ride a bicycle and then don't return with it they take your ID what can they do?
John Karas
John Karas answered on Sep 14, 2021

I agree with Mr. Abrams and will add that you can run, you can hide but eventually the police will catch up and find you and place you under arrest. If that bike was priced at over $950, you will likely be charged with Grand Theft, which is a FELONY, and the DA's office has 3 years to press... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: My boyfriend was arrested in California 3 months ago. He currently has a public defender but he hasn’t seen him

We can’t afford bail and his attorney doesn’t answer our calls. I don’t really know what to do . We have never dealt with anything like this before. But we also don’t have money

John Karas
John Karas answered on Sep 12, 2021

Please understand that Public Defenders (PD's) lack the time to visit clients in jail or return phone calls from family, relatives or friends. They typically have over 100 active cases with 25 or more potential new ones each and every day due to the heavy volume of people who can't... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Should I go talk to a Det. without attorney case is self Defense. Assult with weapon. other party didn't come forward.

I'm out on bail. Help

John Karas
John Karas answered on Sep 3, 2021

You need to hire a skilled and experienced criminal defense who handles serious and violent felony charges like the ADW you are apparently charged with.

Not a negotiator like Public Defender, a real trial attorney. DA's respect trial attorneys more than PD's or "escort...
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3 Answers | Asked in Criminal Law for California on
Q: I purchased a boat and got a bill of sale and title transfer and given the keys as well.

About a week and a half later my truck and the boat were taken by the police and the charge or grand theft and grand theft auto were filed. What should I do?

John Karas
John Karas answered on Sep 2, 2021

I agree with Mr. Abrams. Hire a skilled, experienced and aggressive criminal defense attorney who handles grand theft (if it pertains to the boat you bought) and/or grand theft auto cases. There are several potential defenses to the charges filed against you which could result in the charges... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: What would be the penalty for someone on parole that has newly been charged for 5 counts attempted murder & arson
John Karas
John Karas answered on Aug 30, 2021

Attempted murder in the 1st degree carries a penalty of life in prison.

2nd degree murder carries penalties of 5, 7 or 9 years (low, mid, high terms) in state prison. As a felon on parole, you're not going to get low or mid term so figure 9 years on each count. You're facing the...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

1 Answer | Asked in Criminal Law for California on
Q: Does a statute of limitations described in the Vehicle Code Preclude other charges?

If the California Vehicle code states:

(b) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway... Read more »

John Karas
John Karas answered on Aug 16, 2021

A perjury charge is a "wobber" meaning it can be charged as a misdemeanor or as a felony. The latter has a 3 year statute of limitations.

2 Answers | Asked in Criminal Law for California on
Q: If I'm pulled over for wreckless driving and I'm taken to jail may a officer search my vehicle?
John Karas
John Karas answered on Aug 16, 2021

Yes. Whether under the guise of for the officer's protection to check if there are any weapons in the vehicle or to conduct an inventory in the passenger compartment but not the trunck which would require a search warrant.

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1 Answer | Asked in DUI / DWI for California on
Q: How can I avoid being falsely charged with an underage DUI of blowing above .01? [Vehicle Code: 2314(a)]

I was pulled over after not completely stopping at a stop sign and then was under DUI investigation because I had just picked up my drunk friend from a friends house. I complied with all the CHP’s orders and denied drinking all together except for the night before (approx. 9 hours before the... Read more »

John Karas
John Karas answered on Aug 16, 2021

Nyquil contains 10% alcohol. The law doesn't make a distinction what the source of the alcohol was, just that you had it in your system.

Your first course of action is to request a DMV hearing within 10 days of your arrest. Otherwise, your license will automatically be suspended for...
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2 Answers | Asked in Criminal Law for California on
Q: My husband was arrested for carjacking, possession of paraphernalia and a warrant. His bail was raised to $500,000.

He does not match the identity described and is still being held. What can we do and can that charge be dropped?

John Karas
John Karas answered on Aug 8, 2021

It appears from your question that your husband has already been arraigned, pled not guilty, bail was set, his attorney asked for a bail hearing and the amount of bail increased. Ask his attorney why the bail was set so high.

Better yet bring to the attorney's attention that the...
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4 Answers | Asked in Criminal Law for California on
Q: arrested for FTA, how do I get the soonest court date asap to get out?

Case is a felony criminal, the court date was unknown to the defendant. warrent was issued for FTA with no bond.

John Karas
John Karas answered on Aug 7, 2021

This question appears to have been written by 2 different people. The first part refers to how do "I" get the soonest court date ASAP to get out (presumably referring to jail) while the second part refers to the individual as "the defendant" who missed a court date.... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: How should I proceed forward when someone has decided to press charges for reckless endangerment of transmitting an std?

I'm being served with papers, but have yet to receive anything. This occurred in the state of California

John Karas
John Karas answered on Aug 6, 2021

It's unclear from your question whether you are going to be sued for damages in a civil lawsuit or if you are going are to be criminally prosecuted for transmitting a STD to someone else.

I suggest you consult with an attorney in your area who can dig deeper to find out which type of...
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2 Answers | Asked in Domestic Violence for California on
Q: Looking for an attorney to represent my brother for a domestic violence. The police have asked him to turn himself in
John Karas
John Karas answered on Jul 30, 2021

Depending on the nature and extent of the injuries sustained by the victim, DV can be charged as a misdemeanor or a FELONY.

I suggest that you or your brother consult with a skilled and experienced criminal defense attorney in your area who handles DV cases rather than a Public Defender...
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2 Answers | Asked in DUI / DWI for California on
Q: Question for attorneys who practice DUI defense, and direct mail recent arrestees. How do you receive lists of arrests?

I'm concerned about privacy issues, and so on. Are daily lists typically available from the court web site, or do you use a service to collect daily arrest info?

John Karas
John Karas answered on Jul 30, 2021

Here's an article I published years ago addressing your question re: the questionable ethics of lawyers who buy arrest info for solicitation purposes and where they get the info.

https://www.avvo.com/legal-guides/ugc/how-do-i-know-which-dui-lawyer-to-retain-

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1 Answer | Asked in Criminal Law for California on
Q: My 18 year old niece was molested by my 58 year old cousin in Puerto Rico. What can be done about that?
John Karas
John Karas answered on Jul 27, 2021

Report it to the police in Puerto Rico. You also may wish to consult with an attorney regarding a civil lawsuit against the uncle.

2 Answers | Asked in Criminal Law for California on
Q: My uncle was arrested for like the 6th or 7th time for transportation with the intent to sale,how much time is he facing
John Karas
John Karas answered on Jul 18, 2021

With so many priors, your uncle is facing significant jail time. After 2 prior convictions of H&S 11360, the charges could and likely has been in the past charged as a felony in which case he's facing 2, 3 or 4 years (low, mid and high term) in jail per the statute.

Given his...
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