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Questions Answered by John Karas
3 Answers | Asked in DUI / DWI for California on
Q: If the driver was intoxicated and passed the drug and alcohol test and killed a pedestrian.

The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?

John Karas
John Karas
answered on Mar 30, 2022

If the driver passed drug and alcohol testing, the prosecutor may not have had sufficient evidence to successfully prosecute a DUI manslaughter case beyond a reasonable doubt so settled on a plea bargain to get a lesser criminal conviction (reckless driving).

That doesn't mean the...
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2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Is it illegal to possess Meth without a prescription to use and sell?

Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer?... Read more »

John Karas
John Karas
answered on Mar 24, 2022

Your question appears in the California section of Criminal Law and you should post again in the proper forum.

First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and...
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2 Answers | Asked in Criminal Law for California on
Q: I was aproched by enforcemen to do a drug deal after months of appeals to my judgement I relented so is that entrapment
John Karas
John Karas
answered on Mar 20, 2022

Quite possibly IF a paper or electronic paper trail exists that you were approached by LEOS to do the drug deal.

Consult with and hire an experienced criminal defense lawyer in your area (not specified in your question) who has previously handled entrapment cases.

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2 Answers | Asked in Criminal Law for California on
Q: My husband has 1 strike and currently in jail for burglary also has 2 pending burglary cases , how much time will he get

He has record of fraud , grandtheft, domestic violence in past 2 years , out on plea deal with probation , 1 strike , and 3 pending burglary cases , placer county ca

John Karas
John Karas
answered on Mar 20, 2022

If your husband is in custody with 2 prior, pending burglaries and now a new burglaries, he has an attorney or a Public Defender. He (or she) know the facts and what the plea offer is from the DA.

I can tell you with his prior record, the new charges (including the new burglary while out...
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3 Answers | Asked in Criminal Law for California on
Q: i was arrested and charged with felon with fire arm but it was ilegal search can they search just without consent help

my last conviction was over 13 years ago they also charged me with unserialized gun but was in pieces in the trunck please help what can they do what should i do

John Karas
John Karas
answered on Mar 17, 2022

I agree with Mr. Abrams but with the qualification that you should consult with a criminal defense attorney who is experienced in 1538.5 Motions to Suppress evidence seized as part of an unlawful search.

Your previous question mentioned that you were stopped for some kind of problems with...
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2 Answers | Asked in DUI / DWI for California on
Q: I was convicted of a person felony DUI (carwreck/injury) in Kansas October 2016. Off parole 2 years now. Can I expunge?
John Karas
John Karas
answered on Feb 23, 2022

Unknown. Every state is different. I suggest you consult with an attorney in Kansas to find out if it can be done.

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2 Answers | Asked in Criminal Law for California on
Q: I am being charged with a felony why are my charges from 1995 still a factor

I am being charged with a felony felon in possession of a firearm how long can my prior charge be used against me ?

John Karas
John Karas
answered on Feb 16, 2022

It's not the how long ago the prior felony occurred, it's the nature of the felony. If it was not a "serious and violent felony" as defined by Penal Code 667, it might be possible to have it stricken from consideration in terms of the enhancement.

Undoubtedly, you have...
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2 Answers | Asked in Criminal Law for California on
Q: Why would a judge dismiss a victim's impact statement at the sentencing hearing? It seemed irrelevant to have written 1.

The judge made me feel so small. I was given minimal info for the statement from an advocate. I showed up and presented it. Did I miss something? Maybe I had the wrong idea for the meaning of marsy’s law.

John Karas
John Karas
answered on Feb 11, 2022

No idea. I suggest contacting the victim's advocate office or better yet the DA who handled the case to sentencing to find out what happened.

Good luck.

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2 Answers | Asked in Criminal Law for California on
Q: I was bleeding and it was 2 men against me, and I didn't cause no injury. Is that grounds for 245a(1)?

I got into a fight with a guy at my dinner living home. His friend held me from behind while he got me in a choke hold. The police arrived and I was bleeding from my ear. He wasn't bleeding. They arrested me only.

John Karas
John Karas
answered on Feb 11, 2022

You are likely charged with PC 245a(1),which is felony, because you had a deadly weapon (other than a gun). You may have a self-defense argument due to your injuries.

I suggest consulting with and hiring an experienced criminal defense attorney who specializes in defending serious and...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for California on
Q: I am a victim of a crime, and the detective threatened me. What actions should I take?

I asked simple questions about how to get property back and a list of the property they took from my residence. He yelled at me, told me he didn't have to give me anything not even a list, told me I'll never get the property back, and that he could search my other properties and... Read more »

John Karas
John Karas
answered on Feb 5, 2022

I suggest you direct this question in Texas where you apparently reside. Laws differ in each state.

You can lodge a complaint against the detective with the city or county by whom he is employed. However, that may make you a "marked man". Police officers and/or agencies can be...
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3 Answers | Asked in Contracts and Criminal Law for California on
Q: Can I have a Ca lawyer or attorney defend us in Utah. Over a bogus lawsuit case that a has no evidence against us?

My brother's friend is suing us forcibly entering into a Business agreement. My mother and I have never met this man, had never spoken to him and now we're being held accountable for something we had nothing to do with. There is no evidence other than my brother paying back what he owed... Read more »

John Karas
John Karas
answered on Feb 5, 2022

Unless an attorney is licensed in Utah, an out of state attorney, such as in California, cannot represent you.

If you are unhappy with your current attorney, hire a different one in Utah.

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3 Answers | Asked in Criminal Law for California on
Q: my neighbor has recorded me speeding in the neighborhood. What can he do with these videos?
John Karas
John Karas
answered on Feb 5, 2022

The neighbor can take the video to the police. While it is unlikely the police will arrest you for speeding or exhibition of speeding since the offense(s) did not occur in their presence, they can send over a unit from time to time to monitor your neighborhood using radar to clock you.... Read more »

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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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