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Questions Answered by John Karas
2 Answers | Asked in Constitutional Law, Traffic Tickets and Criminal Law for California on
Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?

I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »

John Karas
John Karas
answered on May 15, 2022

It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized... Read more »

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1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a person be sue someone for defamation of caretor if they send you pictures of your son dead & call u a killer.
John Karas
John Karas
answered on May 11, 2022

It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone... Read more »

2 Answers | Asked in Domestic Violence, Federal Crimes and Internet Law for California on
Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake... Read more »

John Karas
John Karas
answered on May 11, 2022

You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is there a site where I could download PC 1381 form for California so I could send it to an inmate
John Karas
John Karas
answered on Apr 28, 2022

There are plenty of websites, including the Superior Court in Sacramento, where you can download a form to make a PC 1381 demand to be taken to trial in a county with charges are pending against you if you are serving a sentence in another county that is longer than 90 days.

Use Google or...
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1 Answer | Asked in Criminal Law for California on
Q: How can the DA pick up charges on someone after the fact

A small fender bender turned into an assault with a deadly weapon charge and a warrant for 98,000 dollars

John Karas
John Karas
answered on Apr 28, 2022

What you characterized as merely a minor traffic accident must have escalated into a much more serious situation where the person charged with ADW (Assault with a Deadly Weapon) threatened the other party with GBI (Great Bodily Injury) using a weapon ranging from a knife, gun, etc. to something... Read more »

2 Answers | Asked in Criminal Law, Identity Theft and Legal Malpractice for California on
Q: CAN AN ATTORNEY REALLY WORK ON A CASE WITHOUT EVER TALKING TO CLIENT ABOUT THE ALLEGATIONS OR DETAILS OF THE CASES?

I HAVE HAD 3 CONFLICT ATTORNEYS I WAS ARRESTED DEC OF 2021 NEXT COURT DATE IS PRELIM . ONLY CONVERSATION WAS ABOUT A DEAL FROM DA NEVER ABOUT ANY TYPE OF DEFENSE OR DETAILS. 3 FELONY CASES

John Karas
John Karas
answered on Apr 24, 2022

This is how the criminal "justice" system works. You get what you "pay" for.

FYI, Conflict Counsel in Riverside County only get paid a flat fee of $500 (unless the case goes to trial, then it's a measly $1,500). No reasonably competent criminal defense attorney...
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2 Answers | Asked in Criminal Law for California on
Q: Is it legal to add unrelated charges to a plea deal?

Defendant was charged in the death of a minor at a daycare. When it was agreed he would plead guilty, the DA tacked on abuse charges that did not involve the deceased child, allegedly to boost sentencing. Just trying to find out if there is any recourse or if that is allowable.

John Karas
John Karas
answered on Apr 12, 2022

A DA is bound by a plea bargain agreement and cannot add new charges that were not agreed upon for sentencing purposes.

If the change of plea has not been entered (paperwork signed and Judge accepting it on the record), then you go back to square one (no deal).

However, if the...
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2 Answers | Asked in DUI / DWI for California on
Q: Can a dui be transferred from state to state ? OR to CA ?

I was visiting family in Oregon and Saturday night (April 9) I was pulled over and received a dui but I live in California and can’t travel back and forward. My court date was set for June 6, 2022 and I want to know if my case can be transferred to my county.

John Karas
John Karas
answered on Apr 12, 2022

I agree with Mr. Bair. Hire a criminal defense attorney who specializes in DUI cases. Often overlooked defenses (everything from the unlawful basis of the stop to your blood alcohol level) can be raised if you hire the right attorney.

Otherwise, appear on your own behalf. If you are...
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2 Answers | Asked in Criminal Law for California on
Q: Can I pay instead of doing community service I work and i have a new born at home so I have no time to do my service

My case is 5 years old and i had to plea guilty for them to sentence me last year

John Karas
John Karas
answered on Apr 8, 2022

You should pose this question to the attorney or Public Defender who represented you at the time of your sentencing. You mentioned that you pled guilty 5 years ago and by not having performed the CS, you are technically in violation of your probation and a bench warrant probably has already issued... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I accsisdently called 911 while my girlfriend and I were arguing they herd everything I’m charged with D V robbery

Possession of ammunition possession of meth resisting arrest and I called them on accsident I didn’t know iPhones call 911when u hold buttons down I need defence help

John Karas
John Karas
answered on Apr 7, 2022

You are facing significant jail time. Either hire a really good criminal defense attorney in your area or be content with a Public Defender being appointed (assuming you are income eligible) on your behalf.

3 Answers | Asked in Criminal Law for California on
Q: I was pulled over for, "licence plate out". I was pulled out of my car because the 2 cops(with guns) saw a knife on my

Backpack. They asked to search my car, I declined.

They called a K9 unit and proceeded to search the car regardless of my refusing permission.

They found some controlled substances and aluminum knuckels. I was arrested without Miranda rights. And am in court now. I was never cited... Read more »

John Karas
John Karas
answered on Apr 6, 2022

Based on what you wrote, you appear to have a tailor-made situation for a Penal Code 1538.5 Motion to Suppress the evidence seized.

Since you apparently are in the Ontario area, West Court in Rancho Cucamonga is likely to be where the criminal charges have/or will be filed against you....
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1 Answer | Asked in Criminal Law for California on
Q: I am homeless and am not living on my old address for few years now. I didn't know that I had a Court date.

I found out that I have a warrent due to not attending that Court date.

What are my options?

John Karas
John Karas
answered on Apr 3, 2022

I wrote a legal guide several years ago which goes over your options when you fail to appear for a court date and a B/W (Bench Warrant) has been issued for your arrest.

https://www.avvo.com/legal-guides/ugc/bench-warrant-violation-of-probation-diy-or-hire-a-lawyer-legal-guide-

If...
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2 Answers | Asked in Criminal Law for California on
Q: How much jail time would someone do for GTA In Wyoming

Someone took a vehicle from the car owner pulled him out of car took their car not sure if he hit the guy

John Karas
John Karas
answered on Apr 3, 2022

While laws in many states are similar. they are not the same. You should post your question in the forum to get answers to your question from criminal defenses attorneys in Wyoming.

Here in California, you would likely be charged with car-jacking which is a felony, considered a...
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3 Answers | Asked in DUI / DWI for California on
Q: If the driver was intoxicated and passed the drug and alcohol test and killed a pedestrian.

The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?

John Karas
John Karas
answered on Mar 30, 2022

If the driver passed drug and alcohol testing, the prosecutor may not have had sufficient evidence to successfully prosecute a DUI manslaughter case beyond a reasonable doubt so settled on a plea bargain to get a lesser criminal conviction (reckless driving).

That doesn't mean the...
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2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Is it illegal to possess Meth without a prescription to use and sell?

Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer?... Read more »

John Karas
John Karas
answered on Mar 24, 2022

Your question appears in the California section of Criminal Law and you should post again in the proper forum.

First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and...
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2 Answers | Asked in Criminal Law for California on
Q: I was aproched by enforcemen to do a drug deal after months of appeals to my judgement I relented so is that entrapment
John Karas
John Karas
answered on Mar 20, 2022

Quite possibly IF a paper or electronic paper trail exists that you were approached by LEOS to do the drug deal.

Consult with and hire an experienced criminal defense lawyer in your area (not specified in your question) who has previously handled entrapment cases.

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2 Answers | Asked in Criminal Law for California on
Q: My husband has 1 strike and currently in jail for burglary also has 2 pending burglary cases , how much time will he get

He has record of fraud , grandtheft, domestic violence in past 2 years , out on plea deal with probation , 1 strike , and 3 pending burglary cases , placer county ca

John Karas
John Karas
answered on Mar 20, 2022

If your husband is in custody with 2 prior, pending burglaries and now a new burglaries, he has an attorney or a Public Defender. He (or she) know the facts and what the plea offer is from the DA.

I can tell you with his prior record, the new charges (including the new burglary while out...
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3 Answers | Asked in Criminal Law for California on
Q: i was arrested and charged with felon with fire arm but it was ilegal search can they search just without consent help

my last conviction was over 13 years ago they also charged me with unserialized gun but was in pieces in the trunck please help what can they do what should i do

John Karas
John Karas
answered on Mar 17, 2022

I agree with Mr. Abrams but with the qualification that you should consult with a criminal defense attorney who is experienced in 1538.5 Motions to Suppress evidence seized as part of an unlawful search.

Your previous question mentioned that you were stopped for some kind of problems with...
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2 Answers | Asked in DUI / DWI for California on
Q: I was convicted of a person felony DUI (carwreck/injury) in Kansas October 2016. Off parole 2 years now. Can I expunge?
John Karas
John Karas
answered on Feb 23, 2022

Unknown. Every state is different. I suggest you consult with an attorney in Kansas to find out if it can be done.

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2 Answers | Asked in Criminal Law for California on
Q: I am being charged with a felony why are my charges from 1995 still a factor

I am being charged with a felony felon in possession of a firearm how long can my prior charge be used against me ?

John Karas
John Karas
answered on Feb 16, 2022

It's not the how long ago the prior felony occurred, it's the nature of the felony. If it was not a "serious and violent felony" as defined by Penal Code 667, it might be possible to have it stricken from consideration in terms of the enhancement.

Undoubtedly, you have...
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