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Questions Answered by David Michael Lehr
1 Answer | Asked in Criminal Law for California on
Q: My daughter was with her husband and 2 year old child in lane county Oregon at a motel. He was a felon fugitive from

Out of state. She flew there so he could see his child the room is in her name. And she says she has no idea of his status. They are separated. Can she be charged with harboring. They have her detained now

David Michael Lehr
David Michael Lehr answered on Jan 16, 2021

They can. But whether they are successful will depend upon what they can prove about her knowledge.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Malicious prosecution. I was found not guilty. Prosecutor and the catholic get away with it? No evidence or witness

I was maliciously prosecuted for a crime I did not commit. A jury found me not guilty. No evidence or witnesses. Prosecutor and judge and catholic church just get away with it ? Is there any place to file complaints ?

David Michael Lehr
David Michael Lehr answered on Jan 16, 2021

You need to speak to a civil rights attorney. In general, prosecutors have statutory immunity from law suits.

Good luck.

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2 Answers | Asked in Domestic Violence for California on
Q: Hi my ex girlfriend out a restraining order on me , I was wondering if I can submit to the restraining order because

Some of the allegations were true expect one thing she accused me of , and can I go to prison if she was underage when she was 17 I was 23 she is currently 20 and I just turned 27 .

David Michael Lehr
David Michael Lehr answered on Jan 14, 2021

If you don't care about owning a gun and you two are no longer together, then you might not want to fight the order. The unlawful sex with a minor is pretty old. Since she was 17, in general it is not as big an issue as when they are younger. (I AM NOT SAYING IT IS OKAY TO HAVE SEX WITH AN... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: im in a bit of a pickle ... I’ve been working at a Grocery store for 2 months and .. I get pulled into the office

And I’m told I have been

“misusing PL codes “

On customers for their gain..

So I say it was not my intention ,

Big mistake.. what do we do now?!

They say .. sign this paper ..

and you’re suspended until further investigation..

So... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 14, 2021

Don't sign anything that talks about what you did. Don't talk to them either. Contact a local employment! attorney.

2 Answers | Asked in Criminal Law for California on
Q: is it legal for parole to extend your probation if you completed the original time you were sentenced by a judge

hello my name is Christopher A Dimas, I have been on parole for 6 years. I was convicted in 2012 and got released from the CDCR in 2014. i have been on parole since, i was told i was going to be on a 3 year parole when i was sentenced but when i got released i was told it is now a 5 year parole. so... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 14, 2021

Mr. Dimas

Parole times have changed in the last few years. If you plead guilty in 2012, then your plea form likely had a parole term "length." See if you can get a copy of it and see if your old attorney can help. However, it is probably better to contact the local public...
Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Stoppe traffic violation i had my drivers license and insurance. They come back w i was on parole is search admisible?

I was not on parole . They searched my vehicle. Can what they find be admissible ? Or is it a violation of the 4th?

David Michael Lehr
David Michael Lehr answered on Jan 12, 2021

I have seen many cases like yours. It is very complicated because the answer depends upon who made the mistake: the cops, the courts, or some other agency.

If there is no other legal justification, then the search should be thrown out.

Good luck!

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1 Answer | Asked in Criminal Law and White Collar Crime for California on
Q: L.A Criminal: I have to give Notice to the D.A. of a Motion on the Court Calendar. Is there a specific form to use?

Los Angeles - Foltz Criminal Justice Center: The judge told me to give Notice to the DA of an upcoming Feb hearing. Do I only provide the D.A. with the hearing date, or do I also attached a copy of the Motion filed with the Court? Is there a form to notify the DA of a scheduled date (in addition... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 12, 2021

You give the da and the court the identical paperwork.

1 the motion.

2 the proof of service

2 Answers | Asked in Criminal Law for California on
Q: California Criminal Law: How do I give "Notice to the People" to inform them of a Hearing date assigned by the Court?

Los Angeles Superior Court - CLARA SHORTRIDGE FOLTZ CRIMINAL JUSTICE CENTER

After my filing (pro per) to have my plea withdrawn, the Judge set a Hearing date but stated "I must give Notice to the People" of the Hearing date.

Who are "the people" I send notice... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 11, 2021

The District Attorney's Office is the "People." The court website has a proof of service form that you can download and fill out.

Good Luck.

BTW Pro Per is a REALLY bad idea!

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I gave court today at riverside county for 215 (A) but they never got me wi t h the car or I never got arested that day

I have a co denfend he got arrested that charger him for the same case but I got arrested 3 week later what can I do

David Michael Lehr
David Michael Lehr answered on Jan 11, 2021

Talk to your local attorney.

In general, they do not need to arrest you or find you in the car, in order to charge you with a carjacking. However, whether they can prove it is another matter.

Good luck!

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Please could someone please tell me if this is a form of colluding? BE HONEST.

Judge: Defense counsel are you going to be mentioning anything about a prior hung jury? DC: I mean your honor and I may say this is not exactly what my client... I do think it’s the best interest that I mean... I don’t really think we should even mention that there was a trail, I believe that... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 15, 2021

Standard rulings.

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: The "Motion in Limine" that the Prosecuter / District Attorney has, does the Jury get to view it at any point in time?

The Prosecutor / DIstrict Attorney lied throughout the document - Motion in Limine. I wondered if the jury gets to view that document.

David Michael Lehr
David Michael Lehr answered on Jan 10, 2021

Never.

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3 Answers | Asked in Criminal Law for California on
Q: [CA] If I stole something as a child (under 12) could I still get legally prosecuted years later if someone Found out?

When I was in elementary school, I stole some of my friends Pokémon cards and no one ever knew. If it were to come out years later now as an adult. Can I still be prosecuted and would I be tried as a juvenile or an adult. Also would the discovery rule apply to this?

David Michael Lehr
David Michael Lehr answered on Jan 10, 2021

No. No chance.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a police officer put a warrant out for my arrest if I was never booked on any charges, but failed to comply with

their wishes. I was almost arrested a few months ago (possession of controlled substance, schedule I), but the arresting officer approached me after being detained & as if I'd be willing to do a controlled buy. I agreed & then met w/ the narcotics officer (he wasf in plain clothes),... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 7, 2021

Yes. This is the standard way that these things work. If you do your part, the case never sees the inside of a courthouse. If not, they can get a warrant for your arrest.

P.S. In the future, don't post information like this on a public forum!

Good luck!

4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 7, 2021

Yes, first call the attorney who helped you in the first place. If you didn't have one, then call the local (California) public defender's office and see if they will help. If not, call some local private attorneys who might do it for a little $.

Good luck!

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3 Answers | Asked in DUI / DWI for California on
Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.

Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"

DL suspended for 1 year

No court date set by DA

David Michael Lehr
David Michael Lehr answered on Jan 1, 2021

In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like

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1 Answer | Asked in Criminal Law for California on
Q: If I’ve been convicted of crimes I didn’t commit in order to take a deal to get out of jail...

If I plead guilty to charges to have charges reduced to misdemeanors in order to get out of jail after 9 months... but I actually didn’t do them (assault with intent to commit bodily injury, dissuading witness, and battery) but I did do the terrorist threat. Now I am forced to pay about 13k... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 1, 2021

1) Don't post details like this on an open website.

2) talk to the attorney that represented you.

3) You have 30 days after a misdemeanor and 60 days after a felony sentencing to file an appeal.

4) odds are really bad that you will be successful in withdrawing your plea.

5) good luck.

3 Answers | Asked in Criminal Law for California on
Q: How can I get a warrant recalled
David Michael Lehr
David Michael Lehr answered on Dec 31, 2020

Put yourself on calendar ASAP. You can sign up for a public defender on the court date or hire an attorney before the court date. Talk to a bail bond company if it is a warrant for a felony.

Good luck.

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1 Answer | Asked in Health Care Law and Civil Rights for California on
Q: muéstrame la ley mexicana que me dice que un particular DEBE usar una ambulancia para llegar al hospital en BCS México.

Ok ... ¿Hay alguna ley que me diga que debo usar una ambulancia para llegar a un centro médico?

David Michael Lehr
David Michael Lehr answered on Dec 29, 2020

This is not criminal law question!

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Hello my husband passed away 7-7-2020 His mother illegally took his cars and put in her name. I need legal advice

I filed fraud with DMV and the cars are on freeze. I also filed police report they said file civil. This is fraud and is a crime. My husband had no will. Im hearing I need a demand letter.

David Michael Lehr
David Michael Lehr answered on Dec 23, 2020

This is a civil matter.

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2 Answers | Asked in Criminal Law for California on
Q: How much time can a person get for robbery and burglary in the first degree?
David Michael Lehr
David Michael Lehr answered on Dec 22, 2020

1st degree robbery is 3, 4, or 6 years. Burglary is 2, 4, or 6 years. They are probably charged in the alternative, but if not, the max is 7 years 4 months.

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