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Questions Answered by Joseph Abrams
2 Answers | Asked in Criminal Law for California on
Q: If someone did something and I didn't know about it but he was with me am I able to get charged with the same crime
Joseph Abrams
Joseph Abrams answered on Sep 21, 2021

I agree with attorney Gribow that an otherwise innocent person can find themself in trouble when they spend time with persons who commit crimes. However, generally speaking, most criminal offenses require some level of intent which must be established and proven by the prosecution.

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2 Answers | Asked in Criminal Law for California on
Q: Being charged for the first time with 25850(a)/(c)(7). Gun was registered. What are cost estimate for lawyer?

Happened a year ago. Was originally released. Used for self defense after being attacked by 3 men.

Joseph Abrams
Joseph Abrams answered on Sep 20, 2021

This is a misdemeanor offense in California. The cost of the lawyer will depend on who you decide to hire. Keep in mind, that the price of a lawyer often does not correlate to either their experience or prior success.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: Are co-defendants supposed to have the same case number in a felony matter, if filed in the same complaint?

Even if one co-defendant fled & gets arrested five months later? Will he have the same case number as co-defendant ?

Joseph Abrams
Joseph Abrams answered on Sep 18, 2021

Yes, codefendants named in the same charging document will have the same case number, although some jurisdictions may add a number at the end of the main case number to indicate the number of each defendant (i.e., 1, 2, 3, ect.).

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

Joseph Abrams
Joseph Abrams answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

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3 Answers | Asked in Criminal Law for California on
Q: Ok so if you go to a store and test ride a bicycle and then don't return with it they take your ID what can they do?
Joseph Abrams
Joseph Abrams answered on Sep 14, 2021

This would make for a great episode of "Dumbest Criminals." You would be charged with theft, possibly grand theft, and they would know exactly who you are and where to find you.

- Law Office of Joseph Abrams, Anaheim, CA

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3 Answers | Asked in Criminal Law for California on
Q: Can you go to the police to report that a crime possibly occurred or do you have to have proof that a crime did occur?

After a social gathering at her house my mom discovered that her wallet from her purse was missing from her bedroom. She called the 16 people who were there and asked them if they had seen anyone go into her bedroom during the party. 3 of the guests told her they had seen a certain person go into... Read more »

Joseph Abrams
Joseph Abrams answered on Sep 10, 2021

Different police departments operate differently in terms of how they decide to open investigations. Generally speaking, you must have some reliable evidence of a crime before the police will investigate. Evidence like documents and eye witnesses will garner more attention by the police than... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Should I go talk to a Det. without attorney case is self Defense. Assult with weapon. other party didn't come forward.

I'm out on bail. Help

Joseph Abrams
Joseph Abrams answered on Sep 3, 2021

If you are a suspect in a crime, you should never make any statement law enforcement without first consulting an experienced criminal defense attorney. No exceptions.

- Law Office of Joseph Abrams, Anaheim, CA

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3 Answers | Asked in Criminal Law for California on
Q: I purchased a boat and got a bill of sale and title transfer and given the keys as well.

About a week and a half later my truck and the boat were taken by the police and the charge or grand theft and grand theft auto were filed. What should I do?

Joseph Abrams
Joseph Abrams answered on Sep 2, 2021

If you have been charged with grand theft and/or grand theft auto, both felonies, you should refrain from making any statements to law enforcement and immediately hire an experienced criminal defense attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law for California on
Q: Is this a violation of my rights?

I entered a plea mid feb. 2020, was put on calendar for sentencing mid april but it was continued. I have not agreed to waive any time since end of Jan. 2020. It is now almost september of 2021 and still not sentenced. Can the courts just keep on continuing my case even though I dont agree to waive... Read more »

Joseph Abrams
Joseph Abrams answered on Aug 30, 2021

Your attorney could be agreeing to the continuances and maybe not informing you? The government might also be requesting the continuances ex-parte with sufficient cause. If you want to be sentenced promptly, you should convey that to your attorney.

- Law Office of Joseph Abrams, Anaheim, CA

3 Answers | Asked in Criminal Law for California on
Q: What would be the penalty for someone on parole that has newly been charged for 5 counts attempted murder & arson
Joseph Abrams
Joseph Abrams answered on Aug 30, 2021

Impossible to say - too many factors need to be considered. However, if you committed the offenses on parole, this can definitely be an aggravating sentencing factor. Also, if you're on parole, you must have a criminal history, which is another potentially aggravating factor. Sounds as if you... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: In a Ca. Criminal matter (felony) ,there are (3) co-defendants (2) have the same case number, 3rd one doesn't, why ?

All (3) been charged,same felony charges, (2) of my alleged co-defendants plead out last year Feb,2020. But I'm still being charged? Why is that ,and I am being framed by

Local police department employees.

Joseph Abrams
Joseph Abrams answered on Aug 20, 2021

The third defendant who is charged separately is not technically a "codefendant" but rather a "related case." This is sometime done when one of the defendants may not only have culpability with other defendants, but their own separate criminal conduct that is also charged. It... Read more »

2 Answers | Asked in Criminal Law for California on
Q: If I'm pulled over for wreckless driving and I'm taken to jail may a officer search my vehicle?
Joseph Abrams
Joseph Abrams answered on Aug 16, 2021

Yes. First, when someone is stopped for a suspected crime, the officer can conduct what's known as a "search incident to arrest." This is allowed for safety reasons and is limited in it's scope. If the suspect is then arrested and the vehicle impounded, the police can conduct an... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I was asaulted and robed bye these two guys I knew one of them so I called police that did nothing

If same guy asaultes me can I sew the police the officer has his pic on her phone

Joseph Abrams
Joseph Abrams answered on Aug 15, 2021

Based on the complete lack of facts stated here, it's not really possible to answer this question in a meaningful way; however, in any case, I highly doubt you have a cause of action to sue the police for declining to refer criminal charges.

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3 Answers | Asked in Criminal Law for California on
Q: Is starting Law School at 50 years old wise in the criminal defense area?
Joseph Abrams
Joseph Abrams answered on Aug 10, 2021

If you have the passion and drive to make it happen, go for it! Many criminal defense attorneys practice into their 70's and beyond. Good luck!

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in White Collar Crime for Arizona on
Q: Does restitution need to be paid on student loans?

I am rephrasing this question as the answer I received didn't answer what I was asking. I owe restitution where I am responsible to pay 10% on all income towards it monthly. Are student loans considered income that would be required to pay 10% on? Example, I just took out $1250 in a loan to... Read more »

Joseph Abrams
Joseph Abrams answered on Aug 7, 2021

The restitution order is separate and apart from any personal debts that you might have. The PO is responsible for collecting the restitution in accordance with the judgement issued by the court, and enforcing any other conditions ordered by the court. The repayment of personal debts is your own... Read more »

1 Answer | Asked in Criminal Law for California on
Q: When testifying as witness/victim can I answer “no comment” to judge or prosecutors questions?

I was last minute called into court to testify at my bfs hearing. I made an appearance but left and decided to wait until I get subpoenaed. It’s emotional for me, so I want to do minimal in front of judge..

Joseph Abrams
Joseph Abrams answered on Aug 6, 2021

In general, witnesses must answer questions presented to them during sworn testimony and cannot simply refuse to answer. Your answers may be very short so long as they are responsive to the question. You may, however, avoid having to answer certain questions if you can cite a recognized legal... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: If my codefendant gets a better plea offer than I do an I have clean record not a felon an my codefendant has a record

But he got the better plea offer than me on intent with distribute case an it was his car an not mine plus I never seen any drugs or held any drugs what so ever. Why would he get better plea deal I have clean record he don't. Does that mean he blamed most likely

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Plea agreements among codefendants are negotiated separately so they may not be all the same. However, most prosecutors will attempt to treat similarly-situated codefendants in a similar manner. It's difficult to say why your deal is different from the codefendant, but the skill of the defense... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: When can you file a motion to suppress evidence my case been going on 3 yrs now. Also never gave permission to search

The car I just started driving like 10 minutes prior to me getting pulled over. I told them no 3 times

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Generally, a motion to suppress can be filed any time during the pretrial/motion/discovery phase of the case, subject to any specific rules or requirements ret by the court.

- Law Office of Joseph Abrams, Anaheim, CA

3 Answers | Asked in Criminal Law for California on
Q: How do you fill out an asset forfeiture opposing claim form
Joseph Abrams
Joseph Abrams answered on Aug 1, 2021

These forms usually come with detailed instructions. If there are no instructions, or you don't understand the instructions, you should consult with a local attorney with relevant experience.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: Is it to late to file charges for assault?

I was assated by a girl I know a month ago leaving me with a bruised eye. Ii have pictures as well as people whom she told she did it. She also told them I did not touch her. Now she's saying I hit her. I have pics of us both I have a black eye she does not in pics. The pics were taken the... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 26, 2021

While it's not too late to file a police report about the incident, the delay in reporting may effect the strength of the evidence and whether or not authorities will want to pursue the case. If you do file, be sure to have all your evidence in order and be able to explain truthfully exactly... Read more »

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