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Questions Answered by Eric J Youngquist

1 Answer | Asked in Criminal Law and Civil Rights for California on

Q: He is thinking of taking this case to trial

He was arrested for buying and receiving stolen property he has priors and one strike the state offered him 32 months

Eric J Youngquist answered on Nov 9, 2018

He should carefully give significant thought to the matter of the offer as this seems highly reasonable given facts of criminal history provided .

1 Answer | Asked in Contracts and Criminal Law for California on

Q: Can I be forced to use my business name rather than my true given name by police?

I registered my legal name with the SOS as a sol proprietorship. I was stopped by police for no license plates on my bike. I don't have a license. when cop asked me for id i told him i don't have one. when i tried to tell him my true and proper christian name he only wanted to know the name I... Read more »

Eric J Youngquist answered on Jun 24, 2017

First off this scenario is not indentured servitude because answering questions fielded by a police officer hardly equated to any form of slavery . Secondly, providing false information to a police officer investigating your true identity is a crime . Your clue was when officer asked for name on... Read more »

2 Answers | Asked in Criminal Law for California on

Q: what constitutes a hit and run?

I was in a minor car accident & there were no injuries and no dents and just paint exchanged. I stopped & got out of my car and approached the person to exchange information but they would not speak to me as they were on the phone. I left after one minute or so & and went home. is this considered a... Read more »

Eric J Youngquist answered on Mar 23, 2017

Hopefully you wrote down the location ,time, date, and license plate number of the other vehicle including make, model, and color of the other vehicle. A color photo from your cell phone is best evidence at the scene of the incident. Based upon the description of the events you made a good faith... Read more »

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1 Answer | Asked in Criminal Law and Medical Malpractice for California on

Q: My husband is in jail waiting to go to prison in cal. Has a torn hernia that he has been seen five times by medical cuz

Of the pain. It needs surgery and nobody will help him. He can hardly walk because of the pain. What can i do.

Eric J Youngquist answered on Mar 21, 2017

The proper way to help your husband is to be supportive through positive letters to the medical staff documenting the condition which places them on notice of the physical condition and need for immediate medical care as to his conditions. Since this is complex medical condition it is best to... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Can a 37yr old male have consensual a with a 16yr old girl in Ontario, Canada. Male is not a position of trust.

Eric J Youngquist answered on Mar 13, 2017

Absolutely positively NO. Please do not pursue any contact with a minor either written, telephonic, or otherwise. Contacts such as these are not permissible and will likely lead to criminal conduct as child annoyance and the various companion child protections are designed exactly for this type of... Read more »

2 Answers | Asked in Criminal Law for California on

Q: Will I have stricter probation or will I serve jail time?

I was sentenced 45 days for joy riding in California but got put on probation for 3 years I did not report to the kiosk machine and now have an arrest warrant for my arrest what will happen if I get arrested

Eric J Youngquist answered on Mar 13, 2017

You will be incarcerated until you can be brought forth to a magistrate in the county where you were originally sentenced and whom you reported to probation department for. There usually is a NO BAIL provision so as to ensure your mandatory appearance before the court. You will be arraigned on the... Read more »

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1 Answer | Asked in Criminal Law for California on

Q: what kind of attorney does one need when fighting a "non compliance" charge?

Eric J Youngquist answered on Mar 10, 2017

The correct answer is a Criminal Defense attorney . The attorney should be well versed in the handling of either VOP ( Violation of Probation) litigation and/or Parole Violation hearings ; two completely different hearings. Since your question does not specify which one you will need to further... Read more »

2 Answers | Asked in Criminal Law for California on

Q: If a CA inmate has a fugitive hold in AZ, how can he take care of it while he is serving his time in CA?

While he is doing his time in a San Bernardino County Facility my friend wants to know if he can do anything about his fugitive hold from AZ. Is there a way he can have someone go on his behalf to a court date or some type of paperwork he can sign and have sent back to AZ? Any kind of advice would... Read more »

Eric J Youngquist answered on Feb 23, 2017

First off the question is somewhat problematic. For an attorney to appear on behalf of your incarcerated friend in another state requires that attorney to first be licensed in the State of Arizona and have permission from your "friend" to handle the matter sometimes in writing. In California ,... Read more »

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2 Answers | Asked in Criminal Law for California on

Q: Can anything legal to stop a 171/2yr boy to stay away from 16yr daughter

What can I do

Eric J Youngquist answered on Feb 23, 2017

As a concerned parent your first response is to discuss your objections and views with your daughter to see if this may possibly resolve the issue. Secondly, perhaps discussing the "issues" with the young man's parents might also be helpful so that they know how you feel. Third, and lastly I would... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for California on

Q: can a student in northern california be taken into a room have his back pack searched and search the student?

He was not read any miranda wrights no school cops were involved falsely detaing him and making allegations of smoking weed. He was never told why they were searching him or his backpack and they did not notfy me or his mom

Eric J Youngquist answered on Feb 24, 2017

In California, and throughout the other 49 states, Police And Law Enforcement have been granted additional authority to conduct searches and seizures which otherwise fall under the umbrella of traditional 4th Amendment protections. The underlying rationale is that school zones with children and... Read more »

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