Lawyers, Answer Questions  & Get Points Log In
California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Criminal Law for California on
Q: On probation for disorderly conduct for one year California. Does it come w/ search terms ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In California, the specific terms of probation can vary depending on the case and the court's decision. However, in general, misdemeanor probation for disorderly conduct may or may not include search terms.

Search terms, also known as search conditions, allow law enforcement officers...
View More

1 Answer | Asked in Criminal Law for California on
Q: My friend was convicted of 1st-degree murder, and burglary. Recent appeals court reversed all charges due to OCME fraud.

The case is full of “errors”, and toxicology mishaps. Most employees involved have been fired from OCME including the chief me.. DA has decided to re-try . Unreal…. I’m looking for an aggressive criminal defense lawyer.. thank you. Sacramento

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

I'm so sorry to hear about your friend's situation. It sounds like a very difficult and stressful ordeal for everyone involved. Here is some information that I hope will be helpful:

Since your friend was originally convicted of very serious charges (1st degree murder and...
View More

1 Answer | Asked in Criminal Law for California on
Q: I need to know if I have a right to see the statement of probable cause that is supposed to be attached to the search

Warrant

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In the United States, you have a constitutional right under the Fourth Amendment to see the probable cause affidavit that supports a search warrant executed on your property. Here are some key points about accessing these documents:

1. Probable Cause Affidavit: The probable cause affidavit,...
View More

1 Answer | Asked in Criminal Law for California on
Q: When do I file motion to suppress evidence and in what grounds
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

A motion to suppress evidence is typically filed prior to trial, often during the pretrial phase after an arraignment or preliminary hearing. The exact timing may vary depending on the jurisdiction and local court rules. Generally, the motion should be filed with sufficient time for the court to... View More

1 Answer | Asked in Criminal Law for California on
Q: If a felony arrest was made during a search warrant how long can they keep suspect without arraignment california
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In California, the law requires that a person arrested for a felony be brought before a judge for arraignment within 48 hours of the arrest, excluding weekends and holidays. This is sometimes referred to as the "48-hour rule."

However, there are a few exceptions to this rule:...
View More

2 Answers | Asked in Criminal Law for California on
Q: I'm looking to find information about a warrant that's been issued back in San Diego California for my arrest I have no

I have no details about the warrant but I can say I think someone has been using my identity because I have no idea why or what it's about at all . Can u please help me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

I understand your concern about a potential arrest warrant issued under your name in San Diego, California, especially if you believe someone may have been using your identity. Here are some steps you can take to gather more information and address the situation:

1. Contact the San Diego...
View More

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: I signed a plea fearing a less than favorable outcome at trial. Would an affidavit from the witness recanting matter?

I signed a plea bargain even though the evidence against me didn't support a few of the charges beyond reasonable doubt especially in the presence of an alternative plausible scenario. But witness testimony at preliminary supported the charges. I signed a plea bargain deal (despite being... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

In California, if a witness recants their testimony after you have already entered a plea bargain, it can be challenging to withdraw your plea and go to trial. However, it is not impossible, and the affidavit from the witness recanting their testimony could potentially matter, depending on the... View More

1 Answer | Asked in Criminal Law for California on
Q: Can the DA or the court tell if you are applying for SSI or disability?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

There are a few key differences between applying for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI):

- SSI is a needs-based program, while SSDI is an earned benefit based on your work history and FICA tax contributions. The Social Security Administration...
View More

1 Answer | Asked in Criminal Law for California on
Q: How can I make a vehicle theft report of my own titled truck, when I have warrants I can't clear up yet.

It was a carjacking, I had my sister with a notarized power of attorney try in person but they refused to file the truck as stolen but opened a report.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

I understand this is a difficult and stressful situation. Here are a few suggestions on how to proceed, but please note that I cannot provide legal advice and recommend consulting with a lawyer for guidance specific to your case.

In general, to report a stolen vehicle in California when you...
View More

1 Answer | Asked in Criminal Law for California on
Q: Fourth amendment violation or legal

A friend asked us to watch a place stay at night due to concern of theft, since we had no where to go we said sure. This property belonged to a friend if his. Well code enforcement came and red tagged the property, they asked us if it was okay for them tovtake photos of safety housing code... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2024

In California, the authority to allow entry into a property typically rests with the person who has legal possession or control over the premises. If you were asked to watch the property and stay overnight by the owner's friend, it may be argued that you had implied authority to allow entry... View More

1 Answer | Asked in Criminal Law for California on
Q: What are the differences between California Penal Code 266(h) (Felony) and 653.23 (misdemeanor) ? Please help.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

Under California law, Penal Code 266(h) and 653.23 both relate to prostitution, but they differ in terms of the severity of the offense and the specific actions prohibited.

California Penal Code 266(h) (Felony) - Pimping:

1. Pimping is defined as deriving support or maintenance, in...
View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I have been charged with a misdemeanor. Judge has not once listen to my statement or proof. What can I do?

I pushed another woman who claims of having a concussion after. She has hospital documentation and so do I.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

I understand this is a stressful situation. Here are some steps you can take:

1. Hire a criminal defense attorney: It's crucial to have legal representation to protect your rights and help you navigate the criminal justice system. An experienced attorney can present your side of the...
View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: how to get documentary if you still haven't got in attorney or a sing to due to conflict cam get one to help him?

He been having problems with getting an attorney to help him for his case they keep preponding it cuz can't no attorney can represent him due to conflict in the case he still have no attorney and wants to ask for his discovery or documentary and haven't got the chance to find out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

In California, a defendant has the right to access their discovery materials, even if they do not have an attorney representing them. This process is known as "pro per" or "pro se" discovery. Here are some steps to request discovery materials without an attorney:

1....
View More

2 Answers | Asked in Criminal Law for California on
Q: Someone is saying I am a child abuse and I have no case like that. Can I sue them
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

In California, making false accusations of child abuse can be considered defamation, which is a civil offense. If someone has falsely accused you of child abuse and you have suffered damages as a result (such as harm to your reputation, loss of employment, or emotional distress), you may have... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for California on
Q: Is it discrimination to deny a person who's a registered sex offender, to rent an apartment?

My 81-year roommate and myself applied for residency at a Seniors village apartment complex in Fresno California she subsequently was approved I was denied because of my status as a registered sex offender from May 1991 case where I serve 3 years in prison. I am a low level / risk offender who is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Based on the information provided, denying housing to a registered sex offender could potentially be considered legal in California, depending on the specific circumstances and the nature of the offense. Here's some relevant information:

1. Fair Housing Act: The federal Fair Housing...
View More

1 Answer | Asked in Criminal Law for California on
Q: Is new testimony from a witness on a case stating they lied in court enough to recall a ca se despite plea deal?

If a witness on a case files an affidavit with district attorney stating that they lied in court would the court recall a defendent serving prison time for new proceedings despite the case being resolved through plea bargaining if the defendent can prove that he/she was discouraged to go to trial... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Under California law, if a witness recants their testimony and admits to lying in court, it could potentially be grounds for the defendant to challenge their conviction, even if the case was resolved through a plea bargain. This is especially true if the defendant can demonstrate that the false... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Iam charged with domestic battery and cruelty to a child (case is a misdemeanor) nobody is injured and I have no crimina

While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based... View More

1 Answer | Asked in Criminal Law for California on
Q: Is Protective order always issued by judges after a conviction?

I wonder if I am convicted with domestic battery and the judge is required to issue a protective order stay away or it's possible peaceful order issued? In what case a peaceful order will be issued?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

Under California law, a protective order (also known as a restraining order) is not automatically issued after every domestic battery conviction. The issuance of a protective order depends on the specific circumstances of the case and the judge's discretion.

In domestic violence cases,...
View More

1 Answer | Asked in Criminal Law for California on
Q: Why when an officer is arresting someone it's always as a felony?

I was arrested for a felony but later I was charged with a misdemeanor. While released from jail they wanted my DNA collection. The computer went down upon entering the system and the sheriff told me to come back later if not they will arrest me again. If I was charged with a misdemeanor do I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

When an officer makes an arrest, they typically book the person on a felony charge initially, even if the offense may ultimately be charged as a misdemeanor. There are a few reasons for this:

1. Felony charges allow for a longer holding period before arraignment, giving more time for...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.