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.
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 .
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.
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.
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.
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 »
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