Get free answers to your legal questions from lawyers in your area.
Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my... View More
answered on Feb 9, 2022
When you were arrested, you were given a date to appear in court for arraignment on a DUI charge. Did you attend? What was the outcome? Check with the Superior Court in the county where the DUI incident occurred to verify your belief that charges have not been filed, because notifications of... View More
My ticket also says my birth date is on 03/27/1999 and that I'm 23 years old when I'm actually 22
answered on Jan 31, 2022
The alleged unlicensed operator has to be shown to have been driving the vehicle. The showing can be made by direct evidence - the driver was seen operating the vehicle - or circumstantial evidence - vehicle was found in a location where only the unlicensed occupant could have taken it.
answered on Jan 29, 2022
It means that the person will be released from jail after paying a certain amount of money. Contact a local bail bond agent to determine how much.
I am going to ask the judge if he or she can cancel my warrant and I missed court because I was taking care of my grandpa 10 hours from were I live and I already paid a small amount toward my fine. Do you have any recommendations or tips you can give me?
answered on Jan 28, 2022
Whatever "tips" might be truly helpful can only be determined after an defense lawyer discusses the matter in detail with you and its relationship to the underlying offense. Good luck.
answered on Jan 28, 2022
If you are referring to a so-called expungement pursuant to Penal Code sec. 1203.4, disclosure of the conviction is obligated "in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with... View More
answered on Jan 27, 2022
Four years four months is 1580 days. If he has 1105 actual days, and received half-time, or 50% credit, he has total days of 1725, which exceeds his sentence, so it sounds like he is eligible for release. But it's the jail, or probation department, that makes the formal calculation based on... View More
my loved one called me today and told me that he got a paper through legal mail stating that someone is going over to DNA test him because they are trying to take him back to court and charge him for a new case. can they do this? what should i do to help?
answered on Jan 27, 2022
Can they DNA test someone in prison? Yes.
A decision of the Federal Ninth Circuit appellate court case, Hamilton v. Brown (9th Cir. 2011) 630 F.3d 889, 891, provides that the provisions of California's DNA and Forensic Identification Database and Data Bank Act of 1998, as amended,... View More
One was later obtained hours after they went in my house without my consent
answered on Jan 24, 2022
There are exceptions to the warrant requirement. Without one, evidence obtained as a result of a warrantless search of a residence is inadmissible in court. Whether an exception, or a valid warrant, made the search lawful cannot be determined without reviewing the facts of the incident, including... View More
husband was arrested 3 years ago and remains incarcerated he has not been presented with the evidence incriminating him he has been told evidence was not booked.
answered on Jan 17, 2022
When an in-custody felony defendant is not brought to trial within 60 days of his arraignment, the charges must be dismissed, unless there is a very good reason for a delay, or the defendant consents to a delay. Cal. Penal Code section 1382.
Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... View More
answered on Jan 17, 2022
The California Rules of Professional Conduct, Rule 1.4, (https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.4-Exec_Summary-Redline.pdf) regarding a lawyer's duties and responsibilities to communicate with a client may help in deciding whether the attorney is meeting these obligations... View More
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... View More
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.
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?!?!
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.
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... View More
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.
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.
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... View More
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... View More
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.
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.
Falsely accussed of theft.
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.
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... View More
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.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.