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Questions Answered by David Michael Lehr
2 Answers | Asked in Criminal Law for California on
Q: If a rental car in my name was sold by someone I trusted to return it can I be charged with grand theft auto?

I rented a car for my friend and she sold it since my name is on the contract can i be charged with grand theft auto?

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

Yes. It happens often. Talk to an attorney about approaching the car rental agency first and trying to fix it before the police get involved. Don't do it alone.

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2 Answers | Asked in Criminal Law, Domestic Violence, Personal Injury and Wrongful Death for California on
Q: Daughter died hospital claim it was Covid. Autopsy by private company revealed poisoning but police won't investigate

Because death certificate indicates Covid. What can be done. Believe foul play by partner.

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

High a personal injury/wrongful death attorney.

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1 Answer | Asked in Criminal Law for California on
Q: Is it a crime to ask your father in law for money on behalf of your husband

Husband is controlled and respectfully fear his elitist abusive well off dad who wants to press charge against me because my husband and I have sent him numerous text messages asking for money for my husband which he had given in the past and sending checks written to my husband. But he stopped few... View More

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

Asking is not a crime. However, certain types of "pressure " might be called elder abuse. As long as he is of sound mind, you should be okay.

Get a good marriage counselor also.

Good luck!

3 Answers | Asked in Criminal Law for California on
Q: A cousin was arrested crossing to Mexico in posesion of 1090 pills of M-30 is there any way to know the aprox sentence?
David Michael Lehr
David Michael Lehr
answered on Feb 14, 2021

California, Mexico and our federal government have very different penalties.

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2 Answers | Asked in Criminal Law for California on
Q: Can u tell me my charges in vista court CN421165
David Michael Lehr
David Michael Lehr
answered on Feb 15, 2021

According to online records, the case has not been filed yet, at least not in "North County San Diego Court."

You can search for yourself at:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1641716&_dad=portal&_schema=PORTAL

Good Luck!

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2 Answers | Asked in Criminal Law for California on
Q: Is there a way I can drop charges on this case?

I am subpoenas to testify FROM THE DA AND COURT SUPERIAL on my ex boyfriend for there charges and my 8 year old son gave a statement. PC422 PC273 A

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

No, the DA decides that issue.

However, You do not have to testify. See Code of Civil Procedure Section 1217.

Be careful that CPS does not get involved because they might think that your son is at risk if you don't "protect him" from your ex boyfriend.

Good luck!

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: If co defendant is severed and is not testifying, is a text message from their case hearsay?

Co defendant was already prosecuted and sentenced. An Incriminating text message is being used in case against my friend. Without being able to directly question this person, would this evidence be not admissible and hearsay?

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

It depends:

1) If there a conspiracy charged? Then probably yes.

2) Was your friend in the text (sender or receiver)? Then probably yes.

3) During the preliminary hearing, yes.

4) Otherwise, no.

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1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: Once criminally convicted, does a civil commitment petition need to be dropped?

If someone is incarcerated on a civil petition (6600 SVP) and then gets criminally convicted of a drug crime sometime later, must the court drop the civil commitment once criminally convicted?

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

6600 starts when a person is leaving prison. If he goes back to prison, the 6600 evaluation will again when he is going to be released.

Remember that the SVP is designed to keep him locked up for life.

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for California on
Q: Can I take someone to court for ssi fraud?

I have had primary custody of my child since 2014, the child was living with me since 2013 and has specials needs. His mother has 0 contact besides an occasional phone call. 2016 she filed SSI and collected income for the child threw SSA. She collected several thousands of dollars none of it went... View More

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

Call social security

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Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... View More

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

You are safe. They are definitely not!

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2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Can I enter a park against mandatory county time rules if they don’t specify time zone on the official page.

Sacramento/ranch county parks website states that no one can access/trespass on park property past 10pm to 6am. That’s quoted on their official page. Nowhere in that sentence or anywhere else do they state a time zone. Somewhat of a ridiculous unimportant question, unless you’re a libertarian.... View More

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

Yes you can be fined. The time zone is obviously the time zone where the park is located.

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2 Answers | Asked in Criminal Law for California on
Q: Would you happen to know if the Stockton CA Superior Court is allowing people in the audience to see an inmate's arraign
David Michael Lehr
David Michael Lehr
answered on Feb 8, 2021

Not likely. Go to court website and or call the clerk's office.

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

David Michael Lehr
David Michael Lehr
answered on Feb 8, 2021

This is not a criminal case.

Good luck!

Hire an employment attorney.

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2 Answers | Asked in Criminal Law for California on
Q: If you sever a codefendant is the evidence from their case admissible?

Co defendant had their own case, can the DA use evidence found against someone else?

David Michael Lehr
David Michael Lehr
answered on Feb 8, 2021

Yes, but . . . If the co-defendants were separated because of statement said by one, about the other, those statements cannot be used unless the attorney can cross-examine the co-defendant at the trial.

Good luck!

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2 Answers | Asked in DUI / DWI for California on
Q: Is dui a their 2 crime for ihss providers ?
David Michael Lehr
David Michael Lehr
answered on Feb 8, 2021

No. Not unless there was a gun involved or an unlawful sexual act.

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2 Answers | Asked in Criminal Law for California on
Q: My brother in law is being accused of a lewd act on two different girls under 14 in orange county.

The first girl is his step daughter of 9 years and made the accusation they day after he proposed to her mom. Second girl is the daughter of their best freinds who said nothing happened at first, then after pressure from the father says their was one incadent at a camp out which they where all... View More

David Michael Lehr
David Michael Lehr
answered on Feb 8, 2021

The second girls allegations make the case stronger for the prosecution. It is common for young kids to change their stories when asked by parents, police or teachers.

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3 Answers | Asked in Criminal Law and Sexual Harassment for California on
Q: Did this person violate PC 243.4 Sexual Battery, PC 288 Lewd Acts with a Minor Child Under 14, or PC 647.6 Annoy child?

In a reddit post related to legal questions, there appears to be a person, who obsessively imagines questionable stuff.

According to him: He lives in northern CA. While he was jogging across a bridge which had a family (parent and 4 small kids) sitting on the bridge, he imagined that he was... View More

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

No. No.

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Felony DUI with designated prior conviction please help need advice??

boyfriend remanded to jail his charges felony driving under the influence of drugs with designated prior conviction misdemeanor possession driving with privilege suspended for prior DUI conviction and misdemeanor possession which one case is a prop 47 which is the possession charge his early... View More

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

It is not your job to be his PD. The pd has years of experience. If you are not trying to hire him private counsel, then just let them do their job.

Ps A felony DUI has mandatory jail and or prison time.

Good luck

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can a person who has been civilly convicted also be incarcerated on a separate unrelated criminal charge?

A friend of mine was civilly committed in CA under 6600 SVP over 10 years ago. Recently, he was charged with Sales/Transport and is now under a criminal charge while the civil commitment petition is still active. Does the civil petition need to be dropped in order to continue with the criminal... View More

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

No. They can proceed separately or together.

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