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Questions Answered by James Richard Askew
5 Answers | Asked in Criminal Law for California on
Q: Who should I contact?

Who should I contact regarding an incident where my husband was stopped by the California Highway Patrol (CHP) and taken to jail due to an unknown warrant? My husband serves as my primary caretaker, and his absence, especially for more than a day, would significantly hinder my ability to function... View More

James Richard Askew
James Richard Askew
answered on Mar 3, 2024

It depends on who issued the warrant and why. If it is from a foreign jurisdiction (i.e. one outside your county), there could be extradition issues involved... not to mention answering for the underlying reason for the warrant. You should address this issue first. The courts and law enforcement... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: My husband got a misdemeanor ticket and he needs to go to court , can a lawyer go represent instead of my husband ?
James Richard Askew
James Richard Askew
answered on Dec 31, 2021

The answer is YES and NO.

An attorney can appear for you in most misdemeanors (pursuant to PC 977). However, most courts do require personal live presence at certain types of hearings. For example: You will be required in most jurisdictions to be present for arraignments on Domestic...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew
answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
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