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Questions Answered by William M. Weinberg
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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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: what do i look for or ask attorneys to know if she or he is the right one ..and how much would it be for DomisticViolenc

I got arrested with no solid proof just assumptions and accusations..this really hurts my life can police really do that say you did something you did not do with no solid proof??

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

Ask about experience with these kinds of cases and consequences. Fees range from 2500-5000 dollars. Good luck.

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How much or where can I find a affordable lawyer to take my case
William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

Most attorneys charge within a range for certain crimes and many offer payments. Call and speak with at least three before choosing.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Where do I go if I can't afford an attorney
William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

Contact the public defender office at https://www.google.com/search?q=chula+vista+public+defender&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari#

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Hello I'm being charged with domestic violence but me and my wife are scared what do we do
William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

If you can afford it, hire an attorney right away. It’s possible that the DA may reduce or dismiss the charge depending upon the facts.

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2 Answers | Asked in Criminal Law for California on
Q: Will a jury find me innocent on burglary and conspiracy charges if I was incapacitated on alcohol and pills

I was passed out drunk and on pills with a group of people commiting a burglary. I was woke up and told to run when the home owner showed up. When the cops picked me up 3 hours later I explained I had no idea what was happening because I was passed out .

William M. Weinberg
William M. Weinberg answered on Oct 20, 2019

First, I recommend not posting details on this public website. And what you told me there does not appear to be any intent to steal or any other felonious intent prior to entering.. Based on that, you may have a complete defense to the charge of burglary.

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2 Answers | Asked in Criminal Law for California on
Q: Can a person be charge for an assault if there is a video of the assault but the victim (not domestic) does not press

Defendant on parol

No witness

No weapon found

Victim not pressing charges

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

It’s possible that the DA would proceed without the witness and just rely on the video as evidence of identity and the assault itself. I would highly recommend hiring an attorney and attempt to interview the alleged victim. Remember not to post any personal information on this website. It is public.

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1 Answer | Asked in Criminal Law for California on
Q: I unknowly bought a stolen car I received a written bill of sale from saler Also driving on a suspend LIC And prior

What is the best way to get this dismissed I am inocent of this.

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

If you have been charged, then hire an experienced attorney and show them the bill of sale and if your license is suspended then go to the DMV and get it cleared up. Many judges will dismiss with a fine if they're shown a valid license.

1 Answer | Asked in Criminal Law for California on
Q: I was late to my surrender date was put back on calendar immediately will I get more time? Should I go to the police?

I was to surrender for 171 day sentence for a probation violation I got to the court room 10 mins late because I got into the wrong line outside I was sent to the clerk to check in she tried to call the courtroom but no one answered so she put me back on calendar for this Tuesday. Will I get extra... Read more »

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

I doubt you'll get any more time. Contact the lawyer who represented you and appear with her/him.

1 Answer | Asked in Criminal Law for California on
Q: I'm facing a possession of meth for sale charge. Was detained in January charged in July, arrested in October.

Would or should the police have photo or video evidence of any kind of contra ban removed my room during a drug raid. If not, can I request an immediate dismissal.

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

You very much need an experienced lawyer to handle this and you shouldn't write any details on a public website. If the drugs and scales weren't in your room then your case should be dismissed.

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