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Questions Answered by William M. Weinberg
2 Answers | Asked in Criminal Law for California on
Q: Someone I know is being charged with robbery but there was no force or fear used how can we prove this?
William M. Weinberg
William M. Weinberg answered on Jan 3, 2020

Evidence. Witnesses. To answer this question would require more information fir sure.

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2 Answers | Asked in Criminal Law for California on
Q: My son is on probation and has been to camp two times he got caught and supposedly a stolen car and gun

They released him after 3 days because there was no report now it's 5 months later and they are trying to charge my son with felonies can they do that

William M. Weinberg
William M. Weinberg answered on Dec 19, 2019

Yes, the statute of limitations on Felonies is, at minimum three years. They could charge him anytime after three years on a felony offense. He is also looking at a probation violation on top of that. You should hire counsel immediately.

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2 Answers | Asked in Criminal Law for California on
Q: My daughter has this 17 year old kid on the run from probation I live in calif. I want him out but he wont leave

How do i get him out of my home he is commiting crimes and i dont want him in my house he 17 years old

William M. Weinberg
William M. Weinberg answered on Dec 15, 2019

Call probation. They will pick him up. He has an active warrant, from what you say.

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2 Answers | Asked in Criminal Law for California on
Q: Is probation where imposition of sentence is suspended, a crime?

I was granted probation and "imposition of sentence was suspended" and never imposed? Is Probation without a sentence a punishment that is either a felony or a misdemeanor?

William M. Weinberg
William M. Weinberg answered on Dec 3, 2019

You plead guilty. You just didn't get the maximum sentence. You were convicted, though.

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2 Answers | Asked in Criminal Law for California on
Q: What happens if I go into court and say that those charges that they are charging my daughter with were mine

I was recycling and there was a evolve that came from the trash , we get pulled over and the cops charge her with identify theift

William M. Weinberg
William M. Weinberg answered on Dec 3, 2019

There is too little information here to give you a meaningful answer. In general, this approach rarely works and if it did, you could be prosecuted. I would consult a local attorney.

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4 Answers | Asked in Criminal Law for California on
Q: i have a warrant and i have been diagnosed with cervical cancer what can i do to stay out of jail to continue treatment

i got the warrant for missing court and i missed court due to my medical problems and i have been undergoing treatment for the past year. I am now at the end of treatment for now and i will continue treatment in 5 weeks but for the mean time i want to clear up my warrant is there anything i can do... Read more »

William M. Weinberg
William M. Weinberg answered on Nov 29, 2019

I am sure you could get the warrant recalled. You would just have to go to court, go see the clerk and ask that the case be put on calendar. The judge would easily recall the warrant and give you an extension of time. If you have an attorney, the attorney can do it without you but would need proof... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: How can I obtain info on a warrant in LA county California from 1996, I have the warrant number?

My father has been a federal inmate since 1996, while attempting to get his elderly home confinement processed, I was notified he has an outstanding warrant for a misdemeanor from 1996 in Los Angeles California...the BOP counselor is giving us no information except that. I have contacted the... Read more »

William M. Weinberg
William M. Weinberg answered on Nov 26, 2019

probably the cleanest is to call the clerk directly (no easy task, of course). Alternatively, you could hire an attorney to go pull the records or an attorney service in Los Angeles. The latter would probably be the most cost-effective.

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3 Answers | Asked in Criminal Law for California on
Q: If I was charged with a felony hit and run and I was on unsupervised probation what are my punishment?

There was mild traumatic brain injury to my passenger. I was not under the influence and I dont have a license. I'm 18 years old. I did call 911 to bring help to passenger but I panicked and went to get help from mom.

William M. Weinberg
William M. Weinberg answered on Nov 17, 2019

You could be punished both for the new crime and buy additional time remaining on the probation case. I strongly recommend not commenting any further about details and hiring an attorney right away. Sounds like he did a lot of good things at the beginning that may help you at the end.

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4 Answers | Asked in Criminal Law for California on
Q: If I was charged with domestic violence n had a court date n missed it,can I call a judge to get another court dat
William M. Weinberg
William M. Weinberg answered on Nov 9, 2019

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.

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3 Answers | Asked in Criminal Law for California on
Q: I got 180 days in La county jail for a technical violation of probation how much time will I do.
William M. Weinberg
William M. Weinberg answered on Nov 7, 2019

Currently, it's commonly thought that inmates serve about 10% of their sentence.

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2 Answers | Asked in Criminal Law for California on
Q: My boyfriend is on parole. One of his condiontions is no contact with victim me. Can we get married with out violating
William M. Weinberg
William M. Weinberg answered on Nov 7, 2019

Clearly no. He needs to contact his parole agent and get permissions in writing.

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2 Answers | Asked in Criminal Law for California on
Q: I got a felony when I was a minor I’m 18Now when will my record be sealed

I’m still on juvenile probation do I still have to comply with my terms and conditions or will they violate me

William M. Weinberg
William M. Weinberg answered on Nov 2, 2019

Yes of course you have to complete your probationary period or you will be in violation and subject to arrest.

Contact your probation officer. If you’re doing well he or she may allow you to terminate probation early. He then simply file a petition to seal the arrest.

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2 Answers | Asked in Criminal Law for California on
Q: After an arrest was made, there was insufficient information at DA hence charges dropped. Change arrest to detain status

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 »

William M. Weinberg
William M. Weinberg answered on Nov 2, 2019

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 »

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3 Answers | Asked in Criminal Law for California on
Q: I have 4 warrants can an attorney out me on calender so i don't have to go do it.myself and risk being arrested
William M. Weinberg
William M. Weinberg answered on Oct 30, 2019

If they are misdemeanor warrants, then a lawyer can appear for you.

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2 Answers | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: How do I get my arrest record expunged it's a couple of misdemeanors, I have no felony.

I have not had any contact with the police department and about 25 years

William M. Weinberg
William M. Weinberg answered on Oct 30, 2019

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.

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5 Answers | Asked in Criminal Law, Constitutional Law, Federal Crimes and Sexual Harassment for California on
Q: Can a lawyer represent in any City and how do I go about finding the right one and what are basic fees

I would like to send someone a civ 110-120

William M. Weinberg
William M. Weinberg answered on Oct 30, 2019

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 »

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Hi my names is jose I just got my 4th ticket for no license and my ticket is of 1000$ Will I do jail time?
William M. Weinberg
William M. Weinberg answered on Oct 29, 2019

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 »

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3 Answers | Asked in Criminal Law for California on
Q: How can I help my gravely disabled son that is in Kern County Lerdo Justice Facility?

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 »

William M. Weinberg
William M. Weinberg answered on Oct 29, 2019

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 »

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2 Answers | Asked in Criminal Law for California on
Q: I was stopped on my bicycle for no tail light the officer had me down for weapons and he felt somethin amd asked if he

My pocket and make sure it wasn't a weapon I agreed but then he proceeded to go through my backpack and he found some drugs did he have the right to do that I'm not on search and seizure

William M. Weinberg
William M. Weinberg answered on Oct 28, 2019

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.

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4 Answers | Asked in Criminal Law for California on
Q: For the criminal case can I change the lawyer before or on the trial day and what will be happen?
William M. Weinberg
William M. Weinberg answered on Oct 28, 2019

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 »

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