when being accused of a crime, can an accuser leave the time frame open for a single incident? i.e. accuser claims an incident occured maybe between the 1st and the 31st of July, but not sure exact dates & using this for 4 accusations in a 5 year span.
answered on Dec 6, 2022
All allegations made by an accuser within the Statute of Limitations for the crime or crimes alleged
can be used to support a prosecution on those charges.
answered on Oct 27, 2022
When calculating credits you want to subtract actual time in custody from the total sentence imposed, then apply the half-time credits to determine the out date. So, roughly two years is 730 days, minus the 150 (5mo in), or 580, which would be 290 at half-time, or about 9 months
The charge is over 20 years old.
answered on Oct 27, 2022
The Statute of Lim
itations is a defense to the criminal prosecution, so you must have an active criminal prosecution against you to raise it.
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
Oh yes... the old 'license plate light' stop...leading to dog searches and the violation of your 4th Amendment right to be free from unreasonable search and seizure! Any traffic violation is justification for a vehicle stop. From there, however, is some good law in challenging these... Read more »
For this or willnhe get another 10 day flash inriverside
answered on Apr 1, 2022
10-day flash incarceration is typically a condition of probation, where minor violations can be handled without the filing of a formal petition in court. This does not mean criminal charges can't still be filed for the new charges, which could still result in jail time.
I was charged with two counts of felony commercial burglary and one count a position is stolen property. The DA offered 1 felony commercial burglary charge for 1 year probation, no jail, fine, restitution. During negotiations the DA then offered to make the Felony a misdemeanor with 1 year court... Read more »
answered on Mar 7, 2022
Burglary, even as a misdemeanor, can be considered a crime of moral turpitude, so I would opt for the two trespass charges if given the option, even though the fines would be double. Crimes of moral turpitude can be used for impeachment, and can affect immigration and licensing for certain... Read more »
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 »
answered on Jan 7, 2022
On the facts as presented, the search and seizure appears to be an unreasonable violation of your 4th Amendment rights. The vehicle can be stopped (and you detained) for reasonable suspicion of a traffic violation, but the lack of a driver's license does not justify a search of the entire... Read more »
For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »
answered on Dec 3, 2021
The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »
Example: In the wee hours of the morning, I awaken in my house to a sound coming from my detached garage. While my wife and children are all still sleeping in the house, a retrieve my (legally purchased and voluntarily registered) firearm from its secured location, exit my house and enter my... Read more »
answered on Nov 25, 2021
No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.
He made statement to only the defendent. While Judge is present. Seems like he was treating him like a inmate. Would this be a violation of his right to fair trial.
answered on Nov 10, 2021
Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands... Read more »
Even after seeing the security footage of me being assaulted with a 3ft pry bar. (My neighbor tried to hit me (3 times) while on the top of a ladder.) She wasn't taken to jail. Nor was I given a temporary restraining order. Even though I asked for one. This person has been harassing, stalking,... Read more »
answered on Oct 27, 2021
You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do... Read more »
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
answered on Sep 12, 2021
Every Deputy Public Defender has a boss- The Public Defender of the county in which he’s being prosecuted. Your boyfriend is the client however, and the lawyer is not required to talk to family or friends. Your boyfriend should put his requests or complaints in writing to the lawyer and/or his... Read more »
answered on Sep 12, 2021
If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20,... Read more »
After a social gathering at her house my mom discovered that her wallet from her purse was missing from her bedroom. She called the 16 people who were there and asked them if they had seen anyone go into her bedroom during the party. 3 of the guests told her they had seen a certain person go into... Read more »
answered on Sep 10, 2021
Providing 3 witnesses who saw Mr X go into the room and the fact that the wallet is missing is probably enough to report the crime and the suspect. If any cards were taken, or other property there may be more evidence for police to find. You probably have enough to sue in small claims court as well.
My home was raided without a warrant and there were no drugs on the property. I was making wedding cake for a friend and had icing in baggies and now they are charging me with sales of a controlled . What do I do?
answered on Sep 8, 2021
As soon as the drugs are tested your case will be dismissed. Your attorney can have them tested, so you don’t have to wait
I am not guilty and in court when I tell my side they will know but taking my rights away before guilty or not seems wrong
answered on Aug 13, 2021
While it may seem wrong, the law permits Judges to issue orders (like no contact or stay away orders) and assume guilt for purposes of setting bail, for example, all prior to a trial on the cause. You still have all your Due Process rights: a jury trial, where you can see, hear and cross examine... Read more »
answered on Aug 11, 2021
Sure!! 3 years full time. Take a review course, and study for the LSAT and Bar exam. If you have the passion, energy, and drive to fight for the rights of the accused; a desire to read, research and enforce the Constitution; and can see value in the opportunity to win a deserving client's... Read more »
answered on Aug 9, 2021
Marsy's Law is a victim's Bill of Rights. It amended the California Constitution - Article 1 section 28(b) to give enhanced rights to victims for restitution, notice of court hearings, the right to be heard, access to presentence reports if requested and other considerations set forth... Read more »
answered on Aug 2, 2021
In a Claim Opposing Forfeiture (Judicial Council Form MC-200), the claimed property (if cash) is written as $xx,xxx U.S. Currency. The People are the Plaintiff; You are the Real Party in Interest. Most jurisdictions require a Civil Case Cover Sheet. File the claim in Superior Court within 30 days... Read more »
Or atleast explain what led up to the incident. My SO had a 1st time psychotic episode and I’m hurt that he might have to go to prison. He’s also a first time offender.
answered on Jul 23, 2021
Contact his defense attorney and give your letter to her or him, or contact a lawyer to advise you. They will know what to do with it. They might advise you of CCP section 1219 and the rights you have NOT to be held in contempt for refusing to testify. They might inform you that if you do not... Read more »
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