Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Dan Moseley
2 Answers | Asked in Criminal Law for California on
Q: Hello, I am trying to pass the bar not going to law school any advice? I know it's almost unheard of but I'm determined.
Dan Moseley
Dan Moseley
answered on Nov 5, 2021

If you seriously want to be licensed to practice law in California without attending law school, then you have to participate in the California Bar Association's "law office/judge's chambers program." You can read about that here:... View More

View More Answers

2 Answers | Asked in Criminal Law and Landlord - Tenant for California on
Q: if a safe is bolted to the floor of an apartment can the police search the safe

If I rent an apartment and and it has a safe that has been bolted to the floor it's not mine do the police have jurisdiction to search it

Dan Moseley
Dan Moseley
answered on Nov 4, 2021

With a valid warrant, yes. Without a warrant but where there exists what the law calls "exigent circumstances," yes. But also in the law, everything is in the details, and so it is possible that the search may have been unlawful. So for a reliable answer to your question, the details of... View More

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

Dan Moseley
Dan Moseley
answered on Nov 4, 2021

Yes, the wrong date could indicate the test result is not based on your sample. But it could also be a clerical error of lesser impact. In either case, there are many ways that a drug test can become tainted and unreliable as evidence of guilt. You may want to discuss the matter in greater... View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: If I want to take back a ple bargain because I did not know I was signing for a sec stoke how do i
Dan Moseley
Dan Moseley
answered on Nov 4, 2021

A plea agreement with the prosecution can always be withdrawn by a defendant until it is presented to and accepted by a court. Once the court accepts the agreement, it may agree to a withdrawal if (1) both prosecutor and defendant make the request, or (2) there was some illegality in the manner in... View More

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: My DA in Ventura picked up misdemeanor charge on me for kicking a car that almost hit me and some children.

He pulled out and bat threatened to hit me. He ened getting attested and they changed me for kicking car door.

Dan Moseley
Dan Moseley
answered on Nov 4, 2021

If you are asking whether kicking the car door of a vehicle that does not belong to you can be charged as a crime, the answer is yes. If you are asking whether the charge is defensible, the answer is also yes. For a more specific answer as to whether you have a good defense in this particular... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: I have a warrant for a crime I did not commit.

I'm also a survivor of domestic violence is there help for victims of crime charged with a crime

Dan Moseley
Dan Moseley
answered on Nov 4, 2021

Your question raises a number of issues. If a warrant has been issued for your arrest in a new charge, it will remain active until either (1) the warrant is recalled when you go to court for your arraignment, or (2) some jurisdictions allow warrants to be discharged if bail is posted before one is... View More

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: My brother in law is going to court and no deals been offered can he offer a deal to his district attorney to settle
Dan Moseley
Dan Moseley
answered on Nov 4, 2021

Prosecutors typically do not offer any sort of plea deal before arraignment, as they have no incentive to do so. And neither should your brother, without first discussing the incident in detail with his defense lawyer, and not before his lawyer has reviewed whatever evidence police have collected... View More

View More Answers

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.