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Questions Answered by Dan Moseley
1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... Read more »

Dan Moseley
Dan Moseley answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?
Dan Moseley
Dan Moseley answered on Jan 12, 2022

The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Felon in possession of firearm, sales, transportation. How much time are they looking at?

Back passenger of a vehicle stopped for a brake light out. Last arrest was in 2012, no violence, weapons or drug charges. completely sober at arrest. Not on probation or parole and denied permission to search person or property.

Dan Moseley
Dan Moseley answered on Jan 11, 2022

Maybe no time, depending on the facts of the case. Ask a skilled criminal law defense attorney to evaluate the strengths and weaknesses of the case against you. Good luck.

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2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: In Ca, driver is on parole, pulled over for a brake lite, do the police have the right to question and search everyone?

I was arrested for some pretty serious charges the police officer stated he knew it wasn't my stuff but because it was on top of my purse and no one would claim it I had to go I think it was an illegal search though. I told them multiple times that I wanted my belongings out of the car so... Read more »

Dan Moseley
Dan Moseley answered on Jan 11, 2022

If your question is can police search you lawfully for evidence that is admissible in court, the answer is maybe. It depends on the facts of the particular incident. A criminal law defense lawyer will have to review the details of the matter to better advise you. Good luck.

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2 Answers | Asked in Criminal Law for California on
Q: Im being charged with edd fraud but I returned the money as soon as I received it. Can I still be charged?
Dan Moseley
Dan Moseley answered on Jan 8, 2022

You can be charged if there is evidence suggesting you probably committed or attempted to commit fraud. Changing your mind about it afterward may be relevant to punishment, but probably not to guilt. Talk to a lawyer before speaking to law enforcement. Good luck.

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2 Answers | Asked in Consumer Law, Criminal Law and Small Claims for California on
Q: Can you sue a supermarket for false theft accusation?

Falsely accussed of theft.

Dan Moseley
Dan Moseley answered on Jan 5, 2022

If the accusation was an honest mistake, you won't win. If you were falsely accused out of negligence or malice, you might.

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2 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Criminal Law for California on
Q: Can the police open the door of a rented room within a house without a warrant?

I live in a large house that rents out 9 rooms to individual tenants. I rent one of those rooms. One of the tenants has two guests over. While the tenant is away the guests get in a fight. A physical altercation is allegedly made between the guests. The police are called and are let into the house... Read more »

Dan Moseley
Dan Moseley answered on Jan 3, 2022

No, police cannot lawfully enter a room rented by an individual not involved in the altercation without the consent of the occupant.

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2 Answers | Asked in Criminal Law and Internet Law for California on
Q: What happens if district attorney doesn’t show up in court ?

They offered me a deal I decline and the next court date I was the first one called and the DA wasn’t there

Dan Moseley
Dan Moseley answered on Jan 3, 2022

Commonly the court waits until a deputy DA shows up, or otherwise continues the case for one to two weeks. Like the rest of us, sometimes they are just delayed for legitimate reasons.

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1 Answer | Asked in Criminal Law for California on
Q: I was booked into jail and bonded out, I then received a letter that I was never arrested only detained for questioning

Is that legal? This happened in San Mateo County

Dan Moseley
Dan Moseley answered on Dec 31, 2021

If your question is whether a person can be lawfully arrested and post bail, only to later see the arrest reclassified as a detention because charges were not filed, the answer is yes, that's lawful. See Penal Code sections 849 - 851.6. However, if police knowingly arrest a person... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: My husband got a misdemeanor ticket and he needs to go to court , can a lawyer go represent instead of my husband ?
Dan Moseley
Dan Moseley answered on Dec 29, 2021

For most misdemeanors, but not all, a privately-retained attorney can appear for an accused at arraignment. Types of charges that do not allow appearance by attorney include domestic violence, protective order violations, and DUIs.

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2 Answers | Asked in Criminal Law for California on
Q: If you ask to fire your attorney can a judge deny it

Attorney won't do his job, judge won't let us fire him. Say we don't have enough against the attorney to fire him.

Dan Moseley
Dan Moseley answered on Dec 29, 2021

It sounds like you are trying to replace a court-appointed attorney and have a different lawyer appointed to represent you without charge. A Marsden motion and hearing is the proper procedure for making this request, which a judge will deny when there is insufficient evidence of the... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: I had a dui charge in 2001 a warrant was issued and was arrested in 2019 is there a way to ask the dmv to let this go
Dan Moseley
Dan Moseley answered on Dec 24, 2021

No, the DMV will not let it go. But you can call their Mandatory Actions Unit at (916) 657-6525 to find out what you have to do to restore your driving privilege. Good luck.

3 Answers | Asked in Criminal Law for California on
Q: Hi last night my father in law was arrested because his daughter got drunk and attacked her mother (his wife)

My father-in-law stepped in to stop the attack and everyone being drunk the whole situation escalated until basically everyone was fighting. the police were called and my mother-in-law who has a black eye the size of a baseball chose not to press charges against her daughter to just end the... Read more »

Dan Moseley
Dan Moseley answered on Dec 23, 2021

If your father was arrested today or late yesterday, and is being held in jail, his only avenue for release prior to his arraignment, which is unlikely to take place before next week because of the Holidays, is by posting bail. Bail bond agents typically charge eight to 10 percent of the total... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: SO IF THREE PEOPLE GET GRAND THEFT CHARGES FROM WALMART AND ONE OF THEM MISSES JURY TRIAL WHAT WILL HAPPEN TO THEM???
Dan Moseley
Dan Moseley answered on Dec 23, 2021

The trial for the other two co-defendants is likely to take place as scheduled. A warrant will be issued for the arrest of the absconding defendant because of the failure to appear in court as ordered.

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3 Answers | Asked in Criminal Law for California on
Q: If a person breaks into your yard or your house and has a weapon, can you defend yourself and to what point?
Dan Moseley
Dan Moseley answered on Dec 20, 2021

There is no black and white answer to this question. Use of force in self defense must be reasonable, that is, proportionate to the threat of imminent bodily injury or death.

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Im fight a possession of a firearm.i want to file a bond against the court for two reasons one there's a Hobbs motion .

The da before I was arrainged gave a lawyer that I never ended up hiring for this case the discovery which violates the Hobbs motion that a judge has to allow permission and that no file of the case can be spoken of until arraingment.two da lied and tried to add enhancement that I committed a crime... Read more »

Dan Moseley
Dan Moseley answered on Dec 12, 2021

While you may have a defense, you appear to misunderstand the law of criminal procedure. A "Hobbs Motion" for example has to do with the disclosure of the identity of a confidential informant, not the production of documents. And more of an explanation is needed of what you mean by... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Do I qualify for the ab 1950 probation retroact
Dan Moseley
Dan Moseley answered on Dec 12, 2021

Maybe. It's complicated. The answer depends on the crime, the date of the conviction, whether the conviction is legally final, other factors. As Mr. Gribow says, more information is needed about your particular sentence. Retain a criminal law defense lawyer for a reasonable fee to... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: When I go to my arraignment for a ticket for possession, Will I be arrested for being on probation in another county

A year ago I got a ticket(misdemeanor)for possession, and just received notice to go to court this week. I thought the case would be dropped amidst the craziness from Covid and it being a whole year later. I am currently already on “low risk probation” in a neighboring county of this ticket in... Read more »

Dan Moseley
Dan Moseley answered on Dec 4, 2021

It's possible, if the other county has issued a warrant for your arrest and the prosecutor in your possession case is aware of it. Consider hiring a private criminal law defense attorney to look into the matter for you and to make your best case for staying out of jail.

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