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Questions Answered by Nicholas Garrett Emanuel

1 Answer | Asked in Criminal Law for California on

Q: How would I find out about a homicide in 1979 in Wilmington, California. I have a case # and the name of the person who

Commited the crime. I need details. The victim was my mother.

Nicholas Garrett Emanuel answered on May 3, 2011

If you have the case number, you should be able to find out this information by checking with the local court. You can even go and view the file for yourself, since court records are public.

1 Answer | Asked in Criminal Law for California on

Q: Q: If a girl tells the police a guy is doing illegal activity and she doesnt know that the police are recording her

Can They use that in court to try to convict the guy that she was accusing even though she never gave the police consent to record her. and she doesnt want to testify against the guy and the recording sounds like they were talking in the car when they were taking her down to the police station

Nicholas Garrett Emanuel answered on May 3, 2011

Although it is typically illegal in California to record a confidential communication without a person's consent, law enforcement is exempt from this law. So unfortunately, the recording you've described would likely be admissible in court.

1 Answer | Asked in Criminal Law for California on

Q: Is destruction of evidence a felony?

Nicholas Garrett Emanuel answered on May 3, 2011

As is the case for many legal questions, the answer to this one is that it depends on the particular facts of the case. Depending on what was destroyed and the means of doing so, there are many felony offenses which could potentially be charged. On the other hand, there are misdemeanor offenses... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Do I by law have to testify in court for domestic abuse? I live in california

Nicholas Garrett Emanuel answered on Apr 27, 2011

If you are served with a subpoena, you must testify if called as a witness, or you may be subject to prosecution for contempt of court. There are exceptions, however - - if your testimony may tend to incriminate you, as in it may tend to show you have committed a crime, then you have an absolute... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Does anyone know how to go about corrrecting errors in a California DOJ CII report?

Nicholas Garrett Emanuel answered on Apr 27, 2011

It may be necessary to get a court order, ordering the clerk of the court and the DOJ to make the appropriate corrections. You should consult a criminal lawyer who deals with post-conviction relief and probation modifications, and the lawyer can file a motion with the court requesting the order.

2 Answers | Asked in Criminal Law for California on

Q: How much is it to clear my record?

I have a misdeameanor on my record and i want to get it cleared how much does it cost and how to i go about doing so

Nicholas Garrett Emanuel answered on May 3, 2011

I would also add that although hiring an attorney may cost more than handling this on your own, the process should be quicker with an attorney.

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