What should you do? If you are under investigation, protect yourself with your Fifth Amendment right to not incriminate yourself by politely refusing to answer any questions by law enforcement, other than to identify yourself. Hire an attorney to speak to law enforcement for you, particularly if... View More

In court, a "motion" is a request by one of the parties that the court make some order or orders. Here, some or the party's requests were granted by the court, others were not.

Self defense is not a plea, it is an "affirmative defense" that can lead to a not-guilty verdict.

A warrantless search of a vehicle can be legal if, for example, you consented to it, or if it is related to a lawful arrest. If it was an unlawful search, and evidence of a crime was discovered, then the common remedy is that the evidence cannot be used to prosecute you. But you'll have to... View More

Only the court has the authority to terminate a restraining order. If the protected party also wants the order terminated, that could help the court make a decision in your favor, but it is a question for the court alone to decide. You may want to hire a lawyer to evaluate the matter and, if... View More

You'll have to be more specific about the particular problem you've encountered and the circumstances leading up to it. The law treats schools special to some degree as they can make rules regarding on-campus behavior that don't extend to off-campus conduct.

Anything you voluntarily say to police at any time can be used to implicate you in a crime.

What's your question?

Have you been fined? If so, the real question is whether you are obligated to pay it. Discuss the specifics of the matter confidentially with a lawyer for more information.

If this is your fourth DUI, you may not qualify or be accepted for the program even if you live in Orange County. You can research the application requirements here: https://www.occourts.org/general-info/dui-court/applicants/ . Good luck!

Not sure what you mean by "assault" and "medical issues." When the law refers to "assault" it criminalizes an attempt to violently injure another person by someone capable of acting so.

It doesn't sound like anything to worry about. Bailiffs like to see that courtroom attendees act respectfully, and some have unique ideas of what that means. I once had a bailiff tell me to take the eyeglasses off the top of my head! Go figure.

As a practical matter, the answer is no. It is an interesting question, but it needs to be more specific as to the international law, the right, and the type of DUI case you have in mind. Superior courts must follow the laws enacted by authoritative legislatures or courts in their jurisdiction.... View More

That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

Probably your best bet in finding assistance at no cost for a family court/family law matter is with the Family Court Self-Help Center for Sacramento County. Read more about what they can help you with here: https://www.saccourt.ca.gov/family/self-help-center.aspx Good luck!

If you think you may want to become a lawyer who practices criminal law, volunteer to work in your county's public defender office and/or district attorney's office. You'll see first hand what it is like and whether could be right for you. Good luck.

Your question is unclear. Jail staff are not trained in the law. Someone in need of legal advise must seek out a lawyer. If you believe you were mistreated by law enforcement you should discuss the details of the incident with a criminal law defense lawyer. Many here on Justia offer... View More

All criminal accusations have a defense. Based on your description of the incident, you may have a very good defense. But you'll have to discuss the matter in greater detail with a criminal law defense attorney to be certain. Many here on Justia offer initial consultations at no charge.... View More

A criminal protective restraining order can be a condition of probation, but it does not have to be. One can be issued to restrain an individual who is not on probation, and the court will have jurisdiction to act on a violation as long as the RO is in effect.

An arrest can be unlawful for many reasons. Everything depends on the facts and circumstances of each particular arrest. In the law, black and white answers are rare.