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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Personal Injury for California on
Q: Is it to late to file charges for assault?

I was assated by a girl I know a month ago leaving me with a bruised eye. Ii have pictures as well as people whom she told she did it. She also told them I did not touch her. Now she's saying I hit her. I have pics of us both I have a black eye she does not in pics. The pics were taken the... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 26, 2021

While it's not too late to file a police report about the incident, the delay in reporting may effect the strength of the evidence and whether or not authorities will want to pursue the case. If you do file, be sure to have all your evidence in order and be able to explain truthfully exactly... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Intellectual Property and Landlord - Tenant for California on
Q: Last night my boyfriend, 19, got into an argument with his dad. His dad told him to get out or he’d get his gun.

He pays rent as well, and his dad gave him absolutely no warning, but as soon as he said he was getting his gun, he went upstairs and we left as quickly as we could. He didn’t give him the opportunity to take any of his personal belongings, which he owns all of so hopefully his dad won’t touch... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 25, 2021

I'm not sure kind of legal advice you are looking for? If you're concerned about an illegal eviction, there may be some novel legal argument to make, which is not my area of practice. If your concerned about threats that were made, you can report them to your local police department if... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Can I write a letter to judge to ask to dismiss charges as a wittness/victim?

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.

Joseph Abrams
Joseph Abrams answered on Jul 23, 2021

Generally speaking, victims and witness do not have a say in prosecutorial or trial decisions. What you can do is decline to cooperate which may lessen the weight of the evidence in the case. You can also make a mitigating statement at sentencing which may help reduce the sentence. Please keep in... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Now that petty theft is decriminalized in california. Can a previous charge get dismissed from your record?

Charge was under $400. Over 10 years ago. Never had any more trouble afterwards, not even a parking ticket. I would like to be eligible for a sentry pass.

Joseph Abrams
Joseph Abrams answered on Jul 22, 2021

Petty theft is not decriminalized in California, and you cannot get a prior conviction dismissed, except through a proper expungement process. What changed in California is that the attorney general's office has instructed local prosecutors to use more discretion when charging petty theft... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: I was arrested for absconding and cited out court date was 4 months later was I supposed to check into parole

Or do I just wait till my court hearing

Dale S. Gribow
Dale S. Gribow answered on Jul 19, 2021

if you are on parole don't you have terms requiring you to notify PO with a certain period of time of the incident?

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
Joseph Abrams
Joseph Abrams answered on Jul 18, 2021

If this is his 6th or 7th time as you say, he has likely already done prison time on priors, which will give some idea of how much he will get this time, which will almost certainly be more than his last case.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 16, 2021

Why don't you just share that with the criminal defense lawyer?

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1 Answer | Asked in Civil Litigation, Criminal Law and Elder Law for California on
Q: Elder abuse case (dependent) resulting in financial exploitation. Do a criminal law attorneys rep on contingency basis?

Fraud and financial exploitation are at issue. Civil Trial completed. Appeals completed. Mistrial.

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

more info would be necessary.

however, as a rule, a criminal lawyer does NOT handle matters on a contingency.

this is because you are talking about civil liberty (jail) rather than a PI lawyer going after money.

you should probably write out a detailed summary so you...
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1 Answer | Asked in Criminal Law for California on
Q: What does EX case number mean?

My son is awaiting to be extradited to Nevada but is still in LA county and a new case with letters EX has shown up on his file

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

i would think EXTRADITE

1 Answer | Asked in Criminal Law and Sexual Harassment for California on
Q: Will my ex husband get in trouble for posting my nudes

My ex husband has been threatening me for the past couple of months to post my nudes and he finally did. Mind you my ex is a police officer so he knows the law. He even threatened to get paid advertisements so that way he could make money off of it. He was hoping that I hurt myself due to him... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

yes, he will get in trouble if you contact his Captain and suggest you had been advised to meet with the press...............i am not advising this without all the info but it is an avenue to consider

1 Answer | Asked in Criminal Law for California on
Q: How does reversed burglary affect pc 220b conviction?

My son was convicted of 220b. The appellate court reversed the burglary saying it was a lesser included and an enhancement of 220a1. How does this affect his conviction/sentence?

Joseph Abrams
Joseph Abrams answered on Jul 13, 2021

What most likely happened here was that your son was convicted on both counts, but the appellant court reasoned that one of the counts (220a) was a lesser included offense of the substantive count (220b). For this reason, the conduct comprising the lesser count is already fully considered by... Read more »

1 Answer | Asked in Criminal Law for California on
Q: To be charged with vandalism, does it have to be done maliciously?
Joseph Abrams
Joseph Abrams answered on Jul 12, 2021

The mens rea, or criminal intent, for vandalism is generally defined as "willfulness" and therefore does not require malicious intent.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Can I be charged 4 months after my case reads not guilty on all charges?

On 11/30/2016 my file reads not guilty on 4 felony counts. But on 3/13/2017, 1 of the charges I'm forced to take a plea bargin is this legal?

Joseph Abrams
Joseph Abrams answered on Jul 12, 2021

You present very limited facts here to really know what is going on. But to the extent you were previously found not guilty on a criminal charge after a trial, you cannot again be prosecuted by the same court for the same charge; in other words, you cannot be subjected to "double... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

Charles William Michaels
Charles William Michaels answered on Jul 12, 2021

First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: hello, how would i go about proving a gaurdianship of minor case granted illegally?

I was granted sole legal custody and sole physical custody of my minor child in 2012. my grandmother was babysitting for me for thee days and without my knowledge or consent took my child out of school , disconnected her phone number , and relocated to a different part of town. In 2016 my... Read more »

John Karas
John Karas answered on Jul 10, 2021

I suggest you consult with and hire a Family Law attorney in your area. While I empathize with your situation, a criminal defense attorney can't help with this matter.

Good luck.

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1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: 4th amendment violation by orange county sheriff's department several times after probation ended in 2012

I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

more info needed.

most defendants know how long probation is going to be OR they call their lawyer to find out.

you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper...
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2 Answers | Asked in Civil Rights, Health Care Law and Criminal Law for California on
Q: Can police hold you in hospital after being shot
Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

much more info would be needed.

what did they say you did?

what were your injuries?

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1 Answer | Asked in Criminal Law for California on
Q: if bonded out and after 2 years no case do u still have to pay bail ?
Joseph Abrams
Joseph Abrams answered on Jul 9, 2021

If there are no charges filed or pending against you, there is no "bail," which is intended to assure your appearance in court to answer the charges.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: After death threats by a gang of inmates my son died in San Quentin. What can I do?

After death threats when Johnny got to San Quentin he was put in a dorm with 100 inmates. When he died he was wearing metal ankle restraints, defenseless. He had 100x the lethal dose of fentanyl in his system. All his property was missing. After the passing of SB 1437 Johnny had petitioned the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2021

Contact the California Civil Liberties Union Prison Rights Project. Ask for the names of some of their "cooperating attorneys." They may be able to assist you or not depending on the detailed facts.

1 Answer | Asked in Criminal Law for California on
Q: What is a confidentual witness
Joseph Abrams
Joseph Abrams answered on Jul 8, 2021

A confidential witness, also known as an informant, is a person working undercover for law enforcement to gather evidence of criminal behavior by others.

- Law Office of Joseph Abrams, Anaheim, CA

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