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Questions Answered by David Michael Lehr
1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Criminal Law for California on
Q: If female rapes male (either while he sleeps or is awake), & she gets pregnant, could he b required 2 pay child support?

By that, I mean by Federal law, any possible state law, and California law.

David Michael Lehr
David Michael Lehr answered on Mar 9, 2021

Did the male report the "rape" immediately?

If not, the law favors the child being cared for more than it cares about the details of the act of procreation.

1 Answer | Asked in Criminal Law for California on
Q: Have you or the other attorneys in your firm ever fought a case against law enforcement?

I really need to get justice for the police department killing my brother in front of me for no reason and my brother has mental problems and now they the police department is lying about the whole situation. They haven't gave us the reason why they were pulling us over to begin with all I... Read more »

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

Very sorry for your loss. You should contact a Federal Civil Rights attorney.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: When civilly committed and new charges filed, who's responsibility is it to get the commitment petition dropped

Is it the responsibility of the defense attorney or the defendant himself to initiate getting the petition (6600 SVP) dropped in the county of commitment? Is there a case law number that I can get to give to my friends dump truck attorney?

David Michael Lehr
David Michael Lehr answered on Mar 6, 2021

In the end, the judge does it. It happens after a conviction in the new case.

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1 Answer | Asked in Criminal Law for California on
Q: Is it legal to for an HOA board member to post a county ordinance and fine of $100 but he changed the amount to $500?

He posted ordinance 10.40.066 but changed the amount in the pet ordinance from $100 to $500.

David Michael Lehr
David Michael Lehr answered on Mar 6, 2021

If it is a county ordinance, the hoe board cannot impose the fine. If the county Issues a citation and fine you, then the code is set by law iand it doesn't matter with the sign says!

Good luck.

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Will I go to jail for having a loaded magazine in my carry on bag? Fined? Will anything go on my record? Im scared
David Michael Lehr
David Michael Lehr answered on Mar 6, 2021

It is possible is unfortunately the best answer. Depends on the circumstances, the prosecutor's policies, and several other factors.

Speak with a local criminal defense attorney.

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2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: I’m charged with battery. The victim said they hit me first and all I did was hold them and leave. Is the case strong?

The victim is my mom. I got into a argument with her and she hit me. I stopped her by grabbing her by her wrists. And when she continued I grabbed her shoulders and asked her to calm down.

I left because she continued to try and hit me and the police was called on me. I got arrested and she... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 5, 2021

Good defense. It often works for my clients.

Good luck!

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2 Answers | Asked in Criminal Law and Small Claims for California on
Q: Is it legal for rental service to hold your belongings if you owe them money?

They came and towed her rental car with her stuff her daughters and new born baby. They will not give her her stuff until fees are owed. Is this legal?

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

It is probably civil, not criminal.

I am not a civil attorney, but I think that they cannot hold the property.

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4 Answers | Asked in DUI / DWI for California on
Q: I have a friend who is being charge of dui, hit and run, driving while intoxicated,

Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

PC 69 is either probation and some jail or 16 months, 2 years, or 3 years in prison. The other charges are about 0 to 30-45 days typically.

Good Luck!

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.

Good luck.

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1 Answer | Asked in Criminal Law for California on
Q: Can i ever get my gun rights back after a California felony conviction 12 years ago that was expunged?

The conviction was for pandering 266i, and got probation.

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

Federally, no.

State law is a bit different. If the felony was reduced to a misdemeanor, the is a case called People v. Park.

Be warned, federal law says never!

1 Answer | Asked in Criminal Law for California on
Q: Is it possible for a DV victim to have felony assault with intent to cause GBI and felony threats with intent dropped?

Someone I know has pending charges of assault with intent to cause GBI and felony threats with intent to terrorize. They have a DV prior in another state. Is it possible for the victim to have these charges dropped or would the state move forward regardless of victim participation. The victim did... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 3, 2021

The district attorney's office has the right to proceed on the case whether or not the victim wants to go forward. However, 1219 of the code of civil procedure tells us that if the victim doesn't actually testify, they cannot be held in contempt of court and put it jail. The victim should... Read more »

2 Answers | Asked in Criminal Law for California on
Q: If I got my California DOJ rap sheet back and it lists no gun clauses does that mean I can own a firearm in the state?

Or does that mean I’ll have to do a federal check

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

If you have a felony conviction in any state, then you cannot have a gun In any state. Also certain types of battery convictions will also prohibit you for at least 10 years. After proposition 63 was passed, the gun laws are being enforced much more strictly in California.

Be careful and...
Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: What if I know someone who was 17 years old and never had a fitness hearing at all. They just charged him as an adult

Alleged crime happend when he was 17 and they waited until he was 18 and just threw him into adult court with no mention of him being a minor at the time of incident.

David Michael Lehr
David Michael Lehr answered on Mar 2, 2021

O.G. v. Superior Court was just decided by the Supreme Court. The DA lost the case and the Court said that Senate bill 1361 is constitution.

Since the DA knows that they lost, now they will wait until minors turn 18 on serious cases. His attorney will likely file a motion to transfer the...
Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is it illegal for an 18 year old on probation to take pictures hold his 23 year old brother gun with him?

My boyfriend's brother just turned 18 in September and he was on probation as a minor and it carried over after he turned 18. My boyfriend has two firearms that he keeps in a safe with the ammo that his brother doesn't know that code to. He and his brother took some pictures of them both... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 2, 2021

If the brother could not possess weapons because of a juvenile conviction, there are several issues.

1) If brother truly could not access the safe, then your BF should get the safe back.

2) the picture may be enough for a probation violation on the brother.

3) And also...
Read more »

2 Answers | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes.... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 2, 2021

Small claim case = great idea.

Theft and/or vandalism = possible.

Great landlord tenant case.

Good luck!

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2 Answers | Asked in Criminal Law for California on
Q: My dad passed and the people he appointed for executor did not disclose all of the bank accounts and money that was in

In them how do I bring up criminal charges against them and how long do I have to do so

David Michael Lehr
David Michael Lehr answered on Mar 2, 2021

Could definitely be a criminal theft case and a probate case also.

In general the statute of limitations is 3 years or sometimes one year after the discovery of the theft.

If you haven't already done so, demand an accounting from the executor.

Good luck!

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If you got arrested for alien smuggling, but served no jail time and haven't received a court date, is it a felony ?

The border patrol in Arizona mentioned there was a charge but no information has been received regarding court dates or anything. Is it a misdemeanor, felony or something worse ? No prison or jail time was served, but is it something that has to be scrubbed clean or otherwise ?

David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

It is typically a federal charge and also a felony. Your record and various other factors can dramatically increase and decrease the seriousness. The fact that you are not currently in custody is good.

Good luck!

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2 Answers | Asked in Criminal Law for California on
Q: The judge order me and my two co-defendants to pay 5,000 dollars for the victim fee joint severely liable. I have to pay
David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

$5000. You each owe $5,000. Whatever you pay reduces your $5k. Whatever they pay reduces your $5k. If you pay $4k and they pay $1k, that is OK. The law wants the victim paid.

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1 Answer | Asked in Criminal Law for California on
Q: Civil Harassment Restraining/False Allegation issue with intend to charge, how to protect myself and family

The woman we used to know sends harassing and falsely accused messages to my wife number from different phone because we have blocked all her numbers and online contacts. She accused me ( the husband ) of luring her husband and the child to come visit our house ( in reality we asked him to come... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

You can request a civil harassment restraining order to help to stop the calls. However, you cannot prohibit her from reporting you to the police.

2 Answers | Asked in Criminal Law for California on
Q: I signed up to sell cosmetic items through independent sales and left brochures at peoples mailbox

I did not know this was not allowed

David Michael Lehr
David Michael Lehr answered on Feb 27, 2021

You can always leave them on a doorstep or front gate.

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