Get free answers to your legal questions from lawyers in your area.
My son was arrested nearly six years ago in California, and his case has not yet gone to court. The bail bondsman mentioned a five-year limit for taking a case to a jury. During these years, there have been multiple public defenders and deputy district attorneys involved, with frequent hearings... View More 
answered on Mar 26, 2025
The only "statute of limitations" in criminal law applies to the filing of charges by the DA, not to the timing of a "speedy trial" after charges are filed in court. The California Criminal Code provides deadlines for certain courtroom proceedings, such as preliminary hearings... View More
My friend was pulled over for suspicion of DUI because he straddled the double yellow line a couple of times. The officers claimed they smelled alcohol but breathalyzer tests showed a 0% alcohol level. Despite this, he was arrested, and a blood test revealed a small amount of meth in his system. He... View More
answered on Feb 20, 2025
If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the... View More
1st DUI thrown out. 2nd DUI treated like a first, 3rd DUI will be treated like?
answered on Jan 2, 2025
For sentencing purposes, only prior DUI convictions count. Punishment for a second DUI conviction within 10 years of the first conviction can be anything from a minimum of 3 years on probation to jail time of 90 to 364 days, depending on the circumstances of the incident and the recency of the... View More
On November 23rd, I received a misdemeanor ticket from Glendale Police for violating a court visitation order. The ticket states that I need to appear for a court hearing on December 18th. However, when I visited the court on December 4th to submit evidence proving that I did not violate the order,... View More
answered on Dec 5, 2024
It is possible that the DA's office may not file charges by 12/18. They have a year from the date of a misdemeanor incident to do so and are not required to file on or before the court date shown on your police citation. Nonetheless, if you do not show up in court on the 18th, or hire a lawyer... View More
A us citizen had into a hit-and-run for driving drunk in 2006 in California, got arrested and paid the bail, but still had a process to solve with the people involved and pay the fine. Left the country and didnt came back since then. He wants to come back to the US to finally fix the process, but... View More
answered on Feb 12, 2025
For a modest fee, a criminal law defense attorney may be retained to look into the matter and provide the best method for resolution.
To see what my record shows up as.
answered on Sep 28, 2023
You need to be certain of the exact disposition of your case before you can determine whether and what, if anything, must be disclosed to particular prospective employers. Contact the clerk of the criminal division of the Superior Court that had jurisdiction over the case to obtain a copy of the... View More
I was pulled over for a bad license plate light & was told that my license was suspended, which it wasnt. Thet asked to search my vehicle & i repeatedly told them no. They pulled my out of the truck and search me and found nothing & i still told them no searching my car. Then they... View More
answered on Jul 10, 2023
It was not a lawful arrest or search if they did not have a reasonable factual basis for believing your license was suspended or that you might be in possession of drugs. Unlawfully obtained evidence cannot be used in court.
Hello. I have the following situation. I am a resident of CA and have received my first ticket in my life. The ticket is for "failing to stop at stop sign", ticket sites approximate speed 5 MPH. I believe I did do a full stop, even though I did not do the 3 seconds stop. Ideally I would... View More
answered on Mar 15, 2023
Your options are to (1) pay the fine prior to the court date, (2) pay the fine and write a letter to the court prior to the court date contesting the citation, (3) appear in court on the day indicated, pay the fine and request a trial to contest the citation, (4) hire an attorney to appear in court... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
Going through a yellow light is not an offense, but doing so recklessly could be a basis for a lawful stop. Your lawyer will have to look into the actual facts and reason given the stop to determine if the evidence gathered against you afterwards was the product of an unlawful detention. Cops... View More
I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :)
answered on Mar 8, 2023
Happy to talk for a few minutes. Contact information on my Justia profile page. Give me a call at 10 a.m. on Saturday, 3/11.
I have been on probation for a number of years now and recently I keep being told I must do things that were never on my sentence and probation order. And have been told my sentence was changed. Without any court action or my knowledge.
answered on Dec 12, 2022
In actions by government agencies, particularly courts, some hearing or review process is usually required.
I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... View More
answered on Sep 19, 2022
A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.
Fruit of a poisonous tree? Or violation of the amendment? Don't they have to tell me and the end of the 90 day surveillance? Since I did not commit a crime and they didn't have probable cause...
answered on Aug 24, 2022
It's not clear from your question how GPS evidence (even if unlawfully collected) is relevant or necessary in a charge of selling drugs to an undercover law enforcement officer.
I have no public defender or attorney idk what to do
answered on Apr 6, 2022
Contact the court clerk to ask that your case be put on the court's calendar at the next available date. Unless you hire a private attorney, you will have to appear in court at that time, unless the court allows video appearances. Ask the clerk. With an active bench warrant, you are subject... View More
answered on Apr 6, 2022
If you are serious about defending yourself and protecting your legal rights and interests, then one of the things you can do to get a head start against the prosecutor is to hire a criminal law defense attorney as soon as possible. Another thing you can do is to exercise your Fifth Amendment... View More
Backpack. They asked to search my car, I declined.
They called a K9 unit and proceeded to search the car regardless of my refusing permission.
They found some controlled substances and aluminum knuckels. I was arrested without Miranda rights. And am in court now. I was never cited... View More
answered on Apr 5, 2022
The search may have been unlawful. If so, evidence obtained will be inadmissible in court. But to be sure, an attorney will have to review the facts of the incident as stated in the police report, as well as discuss the incident in full with you. A delayed or unadministered Miranda warning may... View More
Last may i was arrested. In november i signed my self up for outpatient treatment classes to help myself and my case. In decemeber i went to detox for a week and got myself clean and have been since. In January i was sentenced to inpatient program and a probation officer. Due to covid and people... View More
answered on Mar 31, 2022
See California Penal Code section 1203.3. You may want to hire an attorney to prepare an early termination of modification motion. Good luck.
Assume I am standing with my hands in the air, not moving. Cops are walking towards me yelling for me to put the phone down. Broad daylight. Cops can clearly tell it is a phone.
I am the person who was pulled over and have not yet been arrested. I have been told to get out of my vehicle... View More
answered on Mar 31, 2022
It would be smart to comply, because if they believe you may throw it at them they will take steps to disable your ability use it as a weapon.
answered on Mar 31, 2022
Charges against you could be dropped or they could be modified or not and go forward. What happens is mainly up to the prosecutor.
I missed my flight because I stayed to long at the bar. I found myself at the airport intoxicated and alone. I was skateboarding through the terminal of the closed airport. I pass by the bar and helped myself to some liquor. I was woke up by two officers where they let me know everything I did... View More
answered on Mar 31, 2022
It sounds like you may have been charged with a misdemeanor. If that is the case, you can hire a private attorney to represent you so that you do not have to come to court for your arraignment. A no-cost public defender attorney will be appointed to represent you only if you show up in court... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
