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Questions Answered by John Karas
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is the failure of the prosecution to identify a primary target in a killzone instructions case be enough to reverse?

-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 »

John Karas
John Karas
answered on Jul 13, 2022

No. Also, the time in which to file an appeal has already expired years ago.

1 Answer | Asked in Civil Rights and Wrongful Death for California on
Q: How can I find out which officers to name in my lawsuit if the investigation is ongoing and involves 4 police departmen?

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 »

John Karas
John Karas
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 »

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a restraining order in place. The restrained party is retaliating by filing small claims cases every two weeks

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?

John Karas
John Karas
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.

2 Answers | Asked in Criminal Law for California on
Q: withdrawing a guilty plea before sentencing .My lawyer lied. made me think i was pleaing to 452(c ) when it was 452(b)
John Karas
John Karas
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

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: attempted murder adding and abetting. the Kill zone theory and the natural probable consequence ( are the same?for 775

Can the kill zone theory ( error)

Apply for sb 775 if so how?

John Karas
John Karas
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 »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Why my car insurance won’t pay the rest of my hospital bill after accident?

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 »

John Karas
John Karas
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 »

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2 Answers | Asked in Criminal Law for California on
Q: There’s a bench warrant under my name because of community service I didn’t complete what can I do?

I can’t go to jail I have 4 kids under my care

John Karas
John Karas
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 »

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2 Answers | Asked in Constitutional Law, Traffic Tickets and Criminal Law for California on
Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?

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 »

John Karas
John Karas
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 »

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1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a person be sue someone for defamation of caretor if they send you pictures of your son dead & call u a killer.
John Karas
John Karas
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 »

2 Answers | Asked in Domestic Violence, Federal Crimes and Internet Law for California on
Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

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 »

John Karas
John Karas
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 »

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1 Answer | Asked in Criminal Law for California on
Q: Is there a site where I could download PC 1381 form for California so I could send it to an inmate
John Karas
John Karas
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 »

1 Answer | Asked in Criminal Law for California on
Q: How can the DA pick up charges on someone after the fact

A small fender bender turned into an assault with a deadly weapon charge and a warrant for 98,000 dollars

John Karas
John Karas
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 »

2 Answers | Asked in Criminal Law, Identity Theft and Legal Malpractice for California on
Q: CAN AN ATTORNEY REALLY WORK ON A CASE WITHOUT EVER TALKING TO CLIENT ABOUT THE ALLEGATIONS OR DETAILS OF THE CASES?

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

John Karas
John Karas
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...
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2 Answers | Asked in Criminal Law for California on
Q: Is it legal to add unrelated charges to a plea deal?

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.

John Karas
John Karas
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 »

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2 Answers | Asked in DUI / DWI for California on
Q: Can a dui be transferred from state to state ? OR to CA ?

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.

John Karas
John Karas
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 »

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2 Answers | Asked in Criminal Law for California on
Q: Can I pay instead of doing community service I work and i have a new born at home so I have no time to do my service

My case is 5 years old and i had to plea guilty for them to sentence me last year

John Karas
John Karas
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 »

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I accsisdently called 911 while my girlfriend and I were arguing they herd everything I’m charged with D V robbery

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

John Karas
John Karas
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.

3 Answers | Asked in Criminal Law for California on
Q: I was pulled over for, "licence plate out". I was pulled out of my car because the 2 cops(with guns) saw a knife on my

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 »

John Karas
John Karas
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 »

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1 Answer | Asked in Criminal Law for California on
Q: I am homeless and am not living on my old address for few years now. I didn't know that I had a Court date.

I found out that I have a warrent due to not attending that Court date.

What are my options?

John Karas
John Karas
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...
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2 Answers | Asked in Criminal Law for California on
Q: How much jail time would someone do for GTA In Wyoming

Someone took a vehicle from the car owner pulled him out of car took their car not sure if he hit the guy

John Karas
John Karas
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...
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