Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Diane C. Bass
1 Answer | Asked in Criminal Law for California on
Q: What if there was a syringe full of blood and they wouldnt test the dna
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

This is a vague question. However, you do have a right to have all evidence DNA tested. If the prosecution refueses to conduct the testing, your lawyer can have it done. The prosecution should make it avaialable to your lawyer for testing.

1 Answer | Asked in Criminal Law for California on
Q: Does a warrantless search of a person's house violate the 4th amendment when the person was lawfully arrested with a war
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

A search warrant and an arrest warrant are two completely different things. Unless there was an exception to the search warrant requirement such as consent to search, items in plain view or exigent circumstances a search warrant is required. If you believe that your 4th amendment rights have been... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If I'm out on bail for second degree burglary can I be remanded in court on at my plea hearing.?
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

It is possible to be remanded into custody after a change of plea. However, an experienced criminal defense attorney can often successfully argue that you should remain out of custody so that you can turn yourself in to serve your sentence, assuming you have a sentence to serve.

1 Answer | Asked in Criminal Law for California on
Q: Even though I plead the 5th in a criminal matter, can my prior testimony in a civil matter be used against me?
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

The answer to this question depends on a couple of issues. If you incrminated yourself in the civil case on issues that are relevant to the current case, those statements can be used against you as admissions. Furthermore, your former testimony in the civil matter could potentially be used as... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Could a passenger of a vehical be responsible for whats in it.
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

Absolutely. It depends upon where the item or items were found. If they are in the trunk and the passenger had no access to the trunk then it is likely that the passenger will not be charged. However, if the item or items are under the passenger seat or next to the center console or even in the... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If i see a fight involving a gang member and I'm told to testify, do I have to? I'm worried about my safety.
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

If you are served with subpoena to testify at at trial or other proceeding this is a court order. If you fail to obey the order you will be held in comtempt and could go to jail. However, if you are simply being asked by law enforcement to testify, you can explain your concerns and there is a good... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Female inmate's medication conditions being ignored by women's prison staff.Also being denied library access after gett
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

The answer to this question depends upon where the inmate is housed. Generally inmates can submit what they call "snivel" sheets to the guards when they need medical attention. If the inmate has submitted snivels which have been ignored the inmate should have their lawyer ask the court to issue an... Read more »

2 Answers | Asked in Criminal Law for California on
Q: How can I check my boyfriend case status?
Diane C. Bass
Diane C. Bass answered on Mar 25, 2011

Depending upon which county in which the case is filed, you may be able to check the status of a case online.

View More Answers

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.