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Questions Answered by Joseph Abrams
3 Answers | Asked in Criminal Law for California on
Q: Will I go to jail after my arraignment
Joseph Abrams
Joseph Abrams answered on Jun 15, 2021

Typically, you will only go to jail after an arraignment if the court has determined not to set bail and to detain you pending trial. You may also be temporarily detained pending a bail hearing, during which bail will be determined.

- Law Office of Joseph Abrams

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3 Answers | Asked in Criminal Law for California on
Q: During sentencing can new evidence change a guilty ruling?

The perpetrator was A Dark-skin African American woman bearing no resemblance to my family member. The witness testified under oath, that he was assaulted during theft of a Target department store by a Dark-skin African American woman. While my family member is a light-skin African American woman.... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 11, 2021

No. The sentencing hearing is not the correct forum to argue new evidence supports the defendant's innocence, unless it is presented as a mitigating sentencing argument. A better approach would be to file a motion to reconsider the verdict based on newly discovered evidence.

- Law...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 8, 2021

Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: I have a threatening phonecalls misdemeanor case. In Rancho Cucamonga California. It was some texts I send my wife.

This happened in an argument 3months ago. We're back together now. She told the D.A. She doesn't want to press charges. They subpoenaed her anyway last week. She missed it, she didnt go. They offered me a disturbing the peace deal, to think about it. I have court tomorrow.

Joseph Abrams
Joseph Abrams answered on Jun 3, 2021

That your wife does not want to press charges does not determine whether charges will be brought. However, as a practical matter, it may mean they now have a weak case based on the strength of the evidence. Further, there is a "spousal" privilege in the law under which your wife cannot be... Read more »

2 Answers | Asked in Criminal Law for California on
Q: I have a probation violation that i haven't been arraigned or sentenced on, can the probation dept. sentence me.
Joseph Abrams
Joseph Abrams answered on Jun 2, 2021

I agree with Mr. Gribow. You can only be sentenced on a probation violation by the judge. The probation department and prosecutor will make recommendations as to the sentence, as should your own attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Is it an unlawful search and seizure when an officer say I'm on probation and I'm not.he pulls me out the car

he sees the contraband i was sitting on after he pulled me out the car stating I was on probation after I told him I wasnt

Joseph Abrams
Joseph Abrams answered on May 28, 2021

If the only basis for the search was that you were subject to a search condition, when in fact you were not, then arguably it's an unlawful search. On the other hand, for example, if you were lawfully stopped, the search could be considered as a lawful search incident to arrest. There are not... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: How does voluntary consent / Miranda questioning work when the suspect is drunk or intoxicated?

is there case law surrounding these or is it considered a "grey" area. Voluntary consent to search*

Joseph Abrams
Joseph Abrams answered on May 27, 2021

Any consent must of course be voluntary, but also knowing. This is where the grey area lies. For the consent not to be knowing, usually some type of clear mental defect must be present. In most cases, intoxication won't rise to the level necessary; however, it comes down to the extent of... Read more »

2 Answers | Asked in Criminal Law for California on
Q: What is a wobbler charge? Can they be strikes?
Joseph Abrams
Joseph Abrams answered on May 26, 2021

A "wobbler" refers to a charge that, depending on the facts and circumstances of the case, can be charged as either a misdemeanor or felony at the discretion of the prosecutor. Depending on a "strike" is defined in your jurisdiction, a wobbler filed as a felony could constitute... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hello my name is Daniel I have cameras in my room Against my will and without my permission I am 31 years old

Yah my case is pretty heavy

I am not a bad guy

I need legal help

It doesn't feel good having cameras in my

And everything else that is being done to me

Joseph Abrams
Joseph Abrams answered on May 15, 2021

The facts here are very vague as to what is actually going on. Are you on some type of pretrial electronic monitoring? Although that would not involve cameras. Are you detained in an institution of some type? Which could very well include cameras. Try to be more specific as to your circumstances.

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: illegal search?

So I got pull over cause my tags were expired and so the officer pull me over and came to the window and asked me "you know the reason why I pulled u over" and I reply yes cause of my tags. So the officer asked me and the passengers for our ID (3 people in the car) so we hand them our ID... Read more »

Joseph Abrams
Joseph Abrams answered on May 14, 2021

It sounds like the passenger was on probation or parole with a search condition. If that is the case, it was likely a legal search incident to arrest.

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1 Answer | Asked in White Collar Crime for Virginia on
Q: My wife is being investigated for Medicaid fraud and we cannot afford a lawyer
Joseph Abrams
Joseph Abrams answered on Apr 29, 2021

If you cannot afford an attorney, request that the court appoint counsel in the case. Your wife has the right to appointed counsel if she cannot afford an attorney. Other options would to be explore discounted or pro bono attorney services.

3 Answers | Asked in Criminal Law for California on
Q: Is a short cellphone video of me holding what appears to be a shotgun enough to convict me in a criminal court?

I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the... Read more »

Joseph Abrams
Joseph Abrams answered on Apr 28, 2021

First, as general matter, video evidence is obviously very strong evidence - whether it is being used to prove or disprove the charges. In your case, if the gun is a replica as you say, the video may be helpful in proving that. Conversely, it could provide evidence of your possession of a firearm.... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Did the officer do an illegal search on our persons that we did not consent to. He found drugs on my 2 passengers

was coming home from the local market 12:05 am had 2 passengers in the car (current registration and insurance, lic is suspended.) cop informed me that i was stopped for doing 50 in a 40 zone. I started to hand him my reg & insur paperwork but he refused and asked for my lic instead. told him... Read more »

Joseph Abrams
Joseph Abrams answered on Mar 13, 2021

This is a close issue. Some things to keep in mind are that a traffic stop can be considered an "arrest" since you are not free to simply leave, and police are allowed to conduct a search incident to an arrest. I think there are meritorious arguments for and against the legality of the... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If you got arrested for alien smuggling, but served no jail time and haven't received a court date, is it a felony ?

The border patrol in Arizona mentioned there was a charge but no information has been received regarding court dates or anything. Is it a misdemeanor, felony or something worse ? No prison or jail time was served, but is it something that has to be scrubbed clean or otherwise ?

Joseph Abrams
Joseph Abrams answered on Mar 1, 2021

It sounds like there is only an arrest with no court action so far. It could stay that way, in which case you will only have an arrest on your record. Or it could proceed to charges at a later date, in which case you will be informed and given a court date. If the charge is at the federal level, it... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: A cousin was arrested crossing to Mexico in posesion of 1090 pills of M-30 is there any way to know the aprox sentence?
Joseph Abrams
Joseph Abrams answered on Feb 15, 2021

If your cousin is charged federally for drug trafficking, the starting point of the sentence would be calculated under the federal sentencing guidelines. Based on the number of pills involved in this case, the low end of the guideline range could be as high as14 years imprisonment. Also, the... Read more »

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2 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: If i was run over by my wife and and after investigation it is found to be intentional, what are the penalties?

I was injured pretty badly and had to be hospitalized for 5 days and due to the back injuries I can’t work for a month and need to keep doing therapy.

Joseph Abrams
Joseph Abrams answered on Feb 9, 2021

The penalty will depend to a great extent on the statute of conviction, and could range from little to no time in custody to several years in custody. For example, criminal negligence or reckless behavior could result in a relatively light sentence for someone with no criminal history (note that... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »

Joseph Abrams
Joseph Abrams answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... Read more »

1 Answer | Asked in Criminal Law for Kansas on
Q: What is considered aiding abetting or accessory?

This 16yr old boy gets a ride from his older sister,upon getting out he takes a bag full of guns. she does nothing to retrieve them from him. He ends up killing someone with one of these guns. would that fall under this category?

Joseph Abrams
Joseph Abrams answered on Jan 12, 2021

Based on the limited facts presented in the question, this is highly unlikely to meet the definition of aiding and abetting or accessory. There must be some knowledge and/or voluntary participation in the crime. If the sister's only "involvement" is seeing the boy take the guns, and... Read more »

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