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Questions Answered by William M. Weinberg
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.

2 Answers | Asked in Criminal Law on
Q: I was caught shoplifting twice 5 years ago I believe I have a warrant of my arrest in contra costa county.

Not sure what to do I have been good and staying out of trouble this whole time. How do I get this cleared without going to jail

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

A qualified attorney can get the warrant out of the system immediately. If it's merely a petty theft, you likely won't need any bail. Get it cleared up with either a private attorney or a public defender and see what you can do to get the charges dismissed.

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2 Answers | Asked in Criminal Law for California on
Q: Could I be charged if I take responsibility for someone else who's being charged for possession with intent to sell

It's been over a year and a half he wasn't home at the time but the drugs where found in his room

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

Theoretically yes, though highly unlikely based upon the limited facts you've posted here. The DA will likely see this as a ploy to help someone else out, rather than taking actual responsibility.

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2 Answers | Asked in Criminal Law for California on
Q: hello! i received an infraction for petty theft. i pleaded not guilty and will contest it. is it recommended to go in.

carol b miller) without legal representation? again, this is an infraction not a misdemeanor. this was simply an oversight and will be attempting to explain to the judge what happened in hopes that he will find there was no intent to steal. the item- 4 pedals from an artificial flower bush sold in... Read more »

William M. Weinberg
William M. Weinberg answered on Oct 16, 2019

I recommend hiring a lawyer. If you have no criminal history, a lawyer may be able to get the case dismissed. It's helpful to give the lawyer as much background on you as possible so that he/she may humanize you and explain that this situation is out of character and possibly a mistake on the part... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

William M. Weinberg
William M. Weinberg answered on Oct 16, 2019

This situation may give rise to a motion for mistrial. The defense attorney should inform the court and request a voir dire of the jury to determine if anyone heard anything and if so, were they influenced by the comment and how? The court can weigh the statements and decide if a mistrial is... Read more »

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: DA left jurors with witness that left instant negative afterthoughts towards the defendant . Tainted their thoughts

3 different jurors fell asleep at three different times. This case was found guilty be the jurors how dare they fall asleep knowing this defendant was fighting for his life.

William M. Weinberg
William M. Weinberg answered on Oct 16, 2019

If the witness gave unfavorable testimony toward the defendant, then of course it will leave negative thoughts in the minds of the jury. If the jury was sleeping and the defendant's attorney didn't notify the court, there is little that can be done if the case is over and the behavior wasn't... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Okay I'm a resident of California my question is can I have a drug that was found in my car tested again a independe lab

Is it that my right

William M. Weinberg
William M. Weinberg answered on Oct 16, 2019

You can ask for an independent analysis of the substance to see if it is what it's alleged to be. Labs charge around $150 or more for such a service. If you don't have an attorney, you should consult one in your area immediately.

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