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Questions Answered by William M. Weinberg
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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2 Answers | Asked in Criminal Law for California on
Q: Im 15 in high school. I got found with brass knuckles a knife a vape in my bag when skiping. What are odds in court

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 »

William M. Weinberg
William M. Weinberg answered on Oct 27, 2019

There’s almost no chance you will do any custody time. You may be eligible for diversion and some community service. Make sure you talk to a lawyer.

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2 Answers | Asked in Criminal Law for California on
Q: Can an adult get charged if they threaten a minor saying they will physically harm them at a point in the future
William M. Weinberg
William M. Weinberg answered on Oct 25, 2019

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.

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3 Answers | Asked in Criminal Law, Constitutional Law and White Collar Crime for California on
Q: If some one was tried and convicted can they go and arrest another person for that same credit card

I Did jail time for a credit card and they arrested and is now trying to charge him now but I had ben first to do time for it so why does my friend have to do do time for using it to?..

William M. Weinberg
William M. Weinberg answered on Oct 24, 2019

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.

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3 Answers | Asked in Libel & Slander, Criminal Law, Civil Litigation and Landlord - Tenant for California on
Q: My friend destroyed my apartment and personal items in the place I was renting ended having to move can I sue 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 »

William M. Weinberg
William M. Weinberg answered on Oct 24, 2019

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.

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2 Answers | Asked in Criminal Law for California on
Q: So if you're not brought to trial, they have to dismiss it or you have to file a motion to dismiss and is so which form?

If you file a 1381 and 90 days pays and the other county doesnt pick you up? Is your case automatically dismissed?

William M. Weinberg
William M. Weinberg answered on Oct 23, 2019

If they miss the time cutoff then make a motion to dismiss. The court will inquire as to whether service was properly made on the DA so make sure documentation is available.

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1 Answer | Asked in Criminal Law for California on
Q: if my fieancee had a conviction of possesion of a controlled substance in ca in 1999

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 »

William M. Weinberg
William M. Weinberg answered on Oct 23, 2019

It should not be a problem to get it reduced to a misdemeanor and he should not expect to go to jail for it either. There is a strong chance he'll get it dismissed as any evidence is likely lost.

1 Answer | Asked in Criminal Law for California on
Q: If the prosecutor tampered with the video and the most crucial part is missing can the case be dismissed

Dealing with the murder case the prosecutor gave the defendant clips of the video showing the assault on actual self defense case at the most crucial part is missing approximately 30 seconds

William M. Weinberg
William M. Weinberg answered on Oct 22, 2019

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.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Now that it legal to smoke weed for recreational purposes

So can I smoke a joint when I walk in the park, can I smoke on sidewalk beaches what if they catch me with a pipe or bong in public and or my car

William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

Treat the use of marijuana similar to the use of alcohol. You can't drink in the park and you can't smoke in the park. You can't drink in the car and you can't smoke in it.

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