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Questions Answered by Joseph Abrams
3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I charged my partner with domestic violence but it was a first time offense where authorities were called.

I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?

Joseph Abrams
Joseph Abrams answered on Apr 21, 2022

The DCFS and District Attorney investigations are separate matters with different objectives. It's difficult to assess how dropped charges may affect the DCFS investigation - it's heavily dependent on the specific facts of the case.

- Law Office of Joseph Abrams, Anaheim, CA 92806

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2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: U.S. District Court Violation Notice - "36 CFR § 4.22" - "Unsafe operation". What are my options?

I got a U.S. District Court Violation Notice in Death valley National park under - "36 CFR § 4.22" - "Unsafe operation".- "Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife."

1. What are my... Read more »

Joseph Abrams
Joseph Abrams answered on Apr 20, 2022

This is basically a federal traffic citation, most likely an infraction. Like other traffic citations, it could impact your DMV record and insurance costs. It's very unlikely to have any effect on employment or immigration. You can contest the citation if you believe there is a basis for doing... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: i was arrested and charged with felon with fire arm but it was ilegal search can they search just without consent help

my last conviction was over 13 years ago they also charged me with unserialized gun but was in pieces in the trunck please help what can they do what should i do

Joseph Abrams
Joseph Abrams answered on Mar 17, 2022

If you've been charged, you should immediately consult with an experienced criminal defense attorney or ask the court to appoint you a public defender, and then discuss the case with your attorney as to what you should do.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and White Collar Crime for Georgia on
Q: Federal criminal court. What is the process after a vacate and resentencing has been ordered by the appellate court?

How long does this process take the district court to do this? Is the psr always redone

Joseph Abrams
Joseph Abrams answered on Mar 10, 2022

It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: My lawyer passed away in the middle of negotiations. Paid attorney VS court appointed. How do I get the money back?

I have a have federal Narcotics case, and I am being charged with uncharged conduct instead of the narcotics in my car. My lawyer passed away in Jan. A day befor the plea deal And I am out of money as I paid her 15,000. Is there anyway the courts can pay for my attorney instead of getting a court... Read more »

Joseph Abrams
Joseph Abrams answered on Mar 10, 2022

The court will only pay for court-appointed attorneys, which include either a public defender or a private panel attorney. Also, there are some excellent private criminal attorneys who will work pro bono or at reduced rates in cases like yours. They can be hard to find but they're out there.... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If found guilty what's the punishment for first time felony wilfully cruelty to child ending in death?
Joseph Abrams
Joseph Abrams answered on Mar 9, 2022

Impossible to say except that it is a very serious charge, and a custodial sentence is likely. The term and other conditions will depend on a number of factors, including the experience, skill, and preparedness of your defense attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Is it better to plead to 2 counts of misdemeanor trespassing or 1 count of misdemeanor commercial burglary?

I was charged with two counts of felony commercial burglary and one count a position is stolen property. The DA offered 1 felony commercial burglary charge for 1 year probation, no jail, fine, restitution. During negotiations the DA then offered to make the Felony a misdemeanor with 1 year court... Read more »

Joseph Abrams
Joseph Abrams answered on Mar 7, 2022

Rather than negotiate your plea settlement in a public forum with strangers, I strongly recommend you consult with your attorney on the case for all your options and which ones you should accept or reject.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: What rights do I get back after I got my felony reduced to a misdemeanor?

So I got my felony reduced to a misdemeanor and it was my first offense. I was on supervised low risk probation but after the reduction I’m no longer on supervised probation but I’m still on probation til May 2022. When I first signed paperwork I had to wave, what I believe was, my fourth... Read more »

Joseph Abrams
Joseph Abrams answered on Mar 7, 2022

The most significant ones include the right to vote and to own a firearm. You also may answer that you do not have a felony conviction when applying for employment, credit, ect. This all assumes this is your only felony of course.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law for California on
Q: I'd like to get the definition of penal code 12027g is this for concealed carry or open carry wile out fishing?
Joseph Abrams
Joseph Abrams answered on Mar 4, 2022

I'm not aware of any such statute. You might want to recheck that.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: Hi my name is Angela and I wanted to ask a lawyer how I can find my boyfriend that was arrested last Thursday
Joseph Abrams
Joseph Abrams answered on Mar 4, 2022

Most county jail systems have an online service for the public to check who's in custody. You can try that. Also, inmates are allowed to make a certain number of calls, so you might hear from your boyfriend who can inform you where he is.

-Law Office of Joseph Abrams

2 Answers | Asked in Criminal Law for California on
Q: Can a cop legally pull over a car because they recognize the passenger and know the passenger is on parole?
Joseph Abrams
Joseph Abrams answered on Feb 27, 2022

It depends on the conditions of the person's parole. Parole conditions in many jurisdictions subject the person to search by any law enforcement officer with or without probable cause and with or without reasonable suspicion. Under these circumstances, the officer can arguably stop the vehicle... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: If a confidential informant is willing to testify They provided false information to detectives to my case be dropped

Being charged with three Felony Gun crimes The case was based off of an arrest of someone who provided information to the detectives and now they are willing to testify for my defense that they did provide false information to the officer in exchange for consideration to the DA for cooperation How... Read more »

Joseph Abrams
Joseph Abrams answered on Feb 11, 2022

It depends on what false information was provided, under what circumstances, and many other potential factors. You should consult with an experienced criminal defense attorney to determine your best options and how to proceed.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: Looking for help

My ex bf framed me for robbery at his house while he was arrested. When he got released he reported me to the police but did not press any charges. He told me he needed to do this because he wanted to cash a check from his home insurance. Which he did. Now we are broken up and he threatens to press... Read more »

Joseph Abrams
Joseph Abrams answered on Feb 11, 2022

You should consult with a local, experienced criminal defense attorney for advice. If you cannot afford retained counsel and have already been charged, you can request the appointment of a public defender.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law for California on
Q: I was bleeding and it was 2 men against me, and I didn't cause no injury. Is that grounds for 245a(1)?

I got into a fight with a guy at my dinner living home. His friend held me from behind while he got me in a choke hold. The police arrived and I was bleeding from my ear. He wasn't bleeding. They arrested me only.

Joseph Abrams
Joseph Abrams answered on Feb 11, 2022

Hard to say. Much more information is needed. It's best to consult with a local criminal defense attorney for advice.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I'm a parent I need to talk to an attorney they specialize in murder cases please
Joseph Abrams
Joseph Abrams answered on Feb 7, 2022

This forum is designed to ask general legal questions and not so much to hire an attorney. My advice is to research attorneys based on your needs and the skills and experience of the attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: what happens if two kids in their 20’s get detained for suspicion of breaking in an old church, but then let go

so if two kids in their 20’s try to get into a what seemed to be abandoned church, get detained, then told to leave, can one still be arrested?

Joseph Abrams
Joseph Abrams answered on Jan 25, 2022

If they were only detained and let go without being cited at all, never further happens. Also, the incident should not appear in their automated criminal record since there was no arrest.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
Joseph Abrams answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law for California on
Q: What is a delayed sentancing hearing?

Is that part of the normal sentancing process?

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

Sentencing hearing dates are set based on the needs of the court, the parties, and the type of case it is. Without knowing anything about the case, it's impossible to say why the hearing would have been scheduled as a delayed hearing.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: first offense for driving a stolen car they offered my a deal for a felony conviction and 90 days what should I do ?

I had no idea it was stolen I was given the keys and I was going to bring the car back

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

You should consult with your attorney rather than persons on this forum that know nothing about your case.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Felon in possession of firearm, sales, transportation. How much time are they looking at?

Back passenger of a vehicle stopped for a brake light out. Last arrest was in 2012, no violence, weapons or drug charges. completely sober at arrest. Not on probation or parole and denied permission to search person or property.

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

It's impossible to know for sure without a thorough review of all relevant facts, including the circumstances of the offense and the history and characteristics of the defendant. It's best to contact an experienced criminal defense attorney to discuss your case in detail and know all your... Read more »

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