You should hire an attorney and go to court to get the warrant cleared up as soon as possible. If you cannot afford an attorney, contact your local public defenders office, let them know your situation and appear with one of them.
What is the simple procedure to change "arrested" to "detained"? It's as simple as going to the Police Station and filling out the form correct? And this will change the status? How long does it take for the status change? Can anyone go and get the form that honor 849.5 code/law? Can we fill it out... Read more »
The police department can issue a Detention only letter for you. Any records check will reflect a detention only. If that isn’t sufficient you may need to file a petition for factual innocence at the courthouse where your case would have been heard had it been filed. That is a noticed motion with...Read more »
You may fill out a form called a 1203.4. You will have to pay a filing fee of $150 and if you have not committed any probation violations are new crimes during the probationary period of those cases, the court will grant the motion and expunge the case.
A license to California attorney can represent you anywhere in the state. It makes sense however to hire someone who is local to you as they are familiar with local court processes, judges and prosecutors. The fee you would pay would correspond with the charge you have any criminal history you...Read more »
The answer depends on what the reason is for the suspension. If it’s for a DUI then you are looking at jail time otherwise, you could avoid jail. Is there some reason you can’t get a valid drivers license in California? Often times, it’s just because of some fines or fees that were not paid...Read more »
My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They... Read more »
He should be appointed a public defender who can tell the court of his illness and the court can declare a doubt about his ability to understand the proceedings against him under 1367 of the Penal Code. He will be evaluated by psychologists and the criminal proceedings will be suspended. He may...Read more »
If you consented to the search of your backpack, it’s very unlikely that a judge would throw out the case because the police officer had permission to search the bag.If he didn’t get your permission and just took the bag and searched it and your lawyer should bring a suppression motion.
Yes, as a matter of law you’re entitled to counsel of your own choosing. However, the court has to balance the rights of the victim and the legal process before granting such a motion. If it’s on the day of the trial, it would be extremely unlikely for a judge to do so. I recommend contacting a...Read more »
I was found off campus. I was caught by a school cop and brought into the office and searched and in my bag he found a knife that has a 2in locking blade, brass knuckles, and a vape pen battery. I was given a citation by the school cop and was told I had to go to court. What is the most likely... Read more »
It’s possible. If it meets the elements of criminal threats (422PC). The threat needs to be specific and directed at that person and be unequivocal in its meaning. You don’t even have to mean what you say, but if it’s taken by the listener as a threat then it’s a threat.
I think you answered your own question. Your friend to use the credit card. That’s a crime because it wasn’t his card. Therefore, the government can charge him for using the card when he should not have use the card because it does not belong to him.
He went to jail the night he was destructive to my home and is serving 3 years in county . He said he would help with damages and moving and will not now . My whole life was turned upside down and left me and my son homeless . I wasn't even home when he did what he did . I have pictures and he was... Read more »
This really isn’t a criminal law question. Of course, I would encourage you to file a small claims action against the landlord for stealing your deposit. I’m sorry all this is happening to you it must be incredibly stressful.
it was filed as a felony but laws have been passed and now its considered a misdaminor a bench warrent was issued for him he has gone back to take care of it my question is will they still run it as a felony or drop it to a misdaminor and what are the chances of him not serving time he did 10.5... Read more »
While I imagine this is tough to prove the defense would want the court to entertain a motion to dismiss and a mistrial. Prosecutorial misconduct is serious and it' s not easy to prove, either. But I would pursue it if the facts are there.
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