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My son was convicted of 220b. The appellate court reversed the burglary saying it was a lesser included and an enhancement of 220a1. How does this affect his conviction/sentence?
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answered on Jul 13, 2021
What most likely happened here was that your son was convicted on both counts, but the appellant court reasoned that one of the counts (220a) was a lesser included offense of the substantive count (220b). For this reason, the conduct comprising the lesser count is already fully considered by... View More 
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answered on Jul 12, 2021
The mens rea, or criminal intent, for vandalism is generally defined as "willfulness" and therefore does not require malicious intent.
- Law Office of Joseph Abrams, Anaheim, CA
On 11/30/2016 my file reads not guilty on 4 felony counts. But on 3/13/2017, 1 of the charges I'm forced to take a plea bargin is this legal?
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answered on Jul 12, 2021
You present very limited facts here to really know what is going on. But to the extent you were previously found not guilty on a criminal charge after a trial, you cannot again be prosecuted by the same court for the same charge; in other words, you cannot be subjected to "double... View More
Filed for Factually Innocent. Prosecutor is fighting me over it.
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answered on Jul 12, 2021
In California, there are three levels of courts, including superior court (trial court), appellate court (first appeals), and the supreme court (final appeals). In rare cases, you may be able to also file in federal court after exhausting all of your state appeals. There are also three levels of... View More
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answered on Jul 10, 2021
If you're asking if you can be kept under arrest while hospitalized, the answer is yes.
- Law Office of Joseph Abrams, Anaheim, CA
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answered on Jul 9, 2021
If there are no charges filed or pending against you, there is no "bail," which is intended to assure your appearance in court to answer the charges.
- Law Office of Joseph Abrams, Anaheim, CA
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answered on Jul 8, 2021
A confidential witness, also known as an informant, is a person working undercover for law enforcement to gather evidence of criminal behavior by others.
- Law Office of Joseph Abrams, Anaheim, CA
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answered on Jul 2, 2021
I believe your asking if grand theft is an extraditable crime. If it's filed as a felony, it is generally extraditable.
- Law Office of Joseph Abrams, Anaheim, CA
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answered on Jul 2, 2021
I believe your asking if California can extradite you. The answer is yes, but there is a court process that needs to be followed, and you also have the right to contest the extradition, although that only tends to delay it.
- Law Office of Joseph Abrams, Anaheim, CA
Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was... View More
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answered on Jun 20, 2021
Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office.
- Law Office of Joseph Abrams, Anaheim, CA
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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
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.... View More
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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... View More
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... View More
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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... View More
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.
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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... View More
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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
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
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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... View More
is there case law surrounding these or is it considered a "grey" area. Voluntary consent to search*
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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... View More
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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... View More
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
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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.
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... View More
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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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