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Questions Answered by Michael J. Ocampo
1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: In criminal court, does the prosecutor's witness in a preliminary hearing, have to have first hand knowledge?

I have been held to answer by the judge in criminal court after a police officers testimony in prelim.

During my lawyers cross exam the police officer say's "You know what I didnt see any of this, (after just giving testimony under oath as to what "he said, he saw"..

"I'm just... Read more »

Michael J. Ocampo
Michael J. Ocampo answered on Jan 21, 2019

At the preliminary hearing, a police officer can testify to things that other people saw and heard.

Normally, a witness can only testify to things that he, himself, saw or heard. But when it comes to police officers during a preliminary hearing, there's an exception.

As long as:...
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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: Ca expunged misdmeanor in 2010. Original conviction In 2008. New employer running LiveScan. Can they use against me?
Michael J. Ocampo
Michael J. Ocampo answered on Jan 22, 2019

No.

In general, employers are legally prohibited from asking an applicant if he has an expunged conviction on his record.

However, for some jobs, an applicant must disclose his conviction, even if it was expunged. For instance, persons applying to the military and to work within...
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3 Answers | Asked in Criminal Law for California on
Q: Is it still self defense if you've already committed a crime. Stole then maced manager for following me out parking lot

I was found off property and wasn't identified by victim but was by officer who watched tape. Stolen property was found near my location but not on me. I got charged with a robbery and assault. Is that right? Am I guilty?

Michael J. Ocampo
Michael J. Ocampo answered on Jan 22, 2019

A perpetrator of a robbery does not have a right to self-defense. In general, self-defense is available only to those who are faced with imminent danger. CALCRIM 3470.

Shopkeepers, on the other hand, have the right to detain customers whom they believe are stealing. The purpose of this...
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3 Answers | Asked in Criminal Law for California on
Q: Can i get charged with trespassing if i accidentally walked to a gated community with no trespassing signs?

Was playing pokemon go and looking down and looked up to see no trespassing signs posted, I left quickly after without touching anything when i was there for around 20 seconds at most.

update: I was playing pokemon go and just following the map on the phone and realized i trespassed when i... Read more »

Michael J. Ocampo
Michael J. Ocampo answered on Jul 26, 2018

Most likely not.

To commit criminal trespass, you must: (1) intentionally enter onto someone else's property; (2) without the owner's consent; and (3) remain on the property until you are removed. Penal Code 602(m); CALCRIM 2931.

Since you were not asked to leave, then, by law,...
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1 Answer | Asked in Criminal Law for California on
Q: If I put an ad on Craigslist can I specify “no felonies” on the job description?

Would it be against the “ban the box” or other California discrimination laws?

Michael J. Ocampo
Michael J. Ocampo answered on May 24, 2018

It depends on how many employees you have.

California's ban-the-box law, which took effect on January 1st, prohibits both private and government employers who have 5 employees or more from asking about, or inquiring into, an applicant's criminal history until after he or she has been...
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2 Answers | Asked in Criminal Law for California on
Q: Can a "no contest" plea deal, 13 years ago for felony child neglect, in Los angles county, California be expunged?

I was arrested and charged with felony child abuse 13 years ago after my daughter received a burn to her leg caused by extremely hot water while she in the tub. At 18 years old I had no idea of the horrible consequences of my decision to accept the plea deal would have on my life. As a result of my... Read more »

Michael J. Ocampo
Michael J. Ocampo answered on May 24, 2018

You are eligible to expunge your conviction.

Expungement is available to those who receive, and who are able to successfully complete, a sentence of probation. This is true regardless of whether your underlying conviction was for a misdemeanor or a felony. Penal Code 1203.4(a).

If...
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