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Questions Answered by John Karas
4 Answers | Asked in Criminal Law for California on
Q: In California, Expunging arrest if the DA did not file charges to avoid showing up in a background check?

In California, What information if any will appear in an employer background check regarding an occurrence of an arrest where the DA dismissed the case and did not file official charges? Will the arrest still appear and is it possible for the arrest to get expunged?

John Karas
John Karas answered on Sep 12, 2020

Ms. Hixon is correct.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Withdrawing my plea deal with the cruise waiver

I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like... Read more »

John Karas
John Karas answered on Sep 10, 2020

Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.

"Buyer's remorse" or believing your conviction was unfair due to the...
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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: I am looking at 19 years for a crime I did not commit, I have proof, there is proof and witness that I am not there

I am unable to afford attoney, I exhuasted all$ need pro bono

John Karas
John Karas answered on Sep 1, 2020

Ask the court to appoint a Public Defender.

1 Answer | Asked in Criminal Law for California on
Q: Question; in regards to my son who is incarcerated presently.. can he request a different public defender?

He has been incarcerated since 7/06/20. He hasn't understood what exactly he is being charged with at this time. There are several charges. He is not understanding his public defender. He feels he has agreed to a bargain he really doesn't comprehend. Can he change his mind and not accept... Read more »

John Karas
John Karas answered on Aug 10, 2020

Addressing the last part of your question, yes, your son can change his mind regarding changing his plea to guilty in exchange for mutually agreed upon sentence to be imposed especially if he doesn't understand what's happening. Is it a language issue? If so, an interpreter would be... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I'm looking for a case where importing meth from Mexico was dropped to a simple possession
John Karas
John Karas answered on Aug 8, 2020

Go to your county law library and do legal research.

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2 Answers | Asked in Criminal Law for California on
Q: I’m being charged with grand larceny for taking my bosses money bag it only had 1029$ in not 17,000$ like he

Saying should I go to trial and try to prove that there was not that amount in the bag or plea

John Karas
John Karas answered on Aug 7, 2020

First, you should not be posting facts about your case. LEO's (Law Enforcement Officers) and even DA's (District Attorney's or their staff) make it a practice to check attorney directory messages boards for messages like yours. Your statement's could be construed as admissions... Read more »

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for California on
Q: My house got raided and they found some wax and butane cans around 6 of them and two pills that weren't mine

They released me the next day but they forced me to write down and sign on a piece of paper that everything found inside the home was mine if I didn't cooperate with them what can I do

John Karas
John Karas answered on Aug 6, 2020

Hire an experienced criminal defense lawyer who specializes in illegal searches and seizures. Unless the police had a search warrant issued by a Judge, the evidence they collected from your home might be able to be suppressed (prosecutor can't use any of it as evidence).

Also, since...
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2 Answers | Asked in Criminal Law for California on
Q: what can i do to help my son with his capital murder case if it was a accident but he confessed already.
John Karas
John Karas answered on Aug 5, 2020

Simple answer: Find the best, most experienced criminal defense attorney in your area to represent your son.

He's facing 25 years to life if charged with 1st degree murder, 15 years to life for 2nd degree murder or perhaps the death penalty if convicted on a 1st degree murder...
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4 Answers | Asked in Criminal Law and Identity Theft for California on
Q: I have trial readiness court scheduled tomorrow. Can i tell my lawyer that i am not happy and want a different lawyer?

He has done nothing to help me at all. He hasn't contacted any witnesses and he barely remembers anything from the last time we spoke. He just stands around laughing and chatting with the DA and tries to convince me to take a deal. He hasnt returnes my emails and i feel like he hasnt tried to... Read more »

John Karas
John Karas answered on Aug 5, 2020

Assuming you have a Public Defender, if you ask for a Marsden hearing your request for the appointment of a new attorney will likely be granted. You'll get an attorney on the "Conflict Panel" who work on a flat fee basis. Here in Riverside County, it's a $500 flat fee unless... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: If someone is ordered to pay restitution in a criminal case and probation is extended does it still become civil?

It is my understanding that when probation ends the remaining restitution becomes a civil matter, but what if the court extends probation an additional 2 years? Does that delay the issue transferring to a civil matter?

John Karas
John Karas answered on Aug 1, 2020

Based on the information you provided, it appears that the Judge extended the probation due to your failure to pay the restitution and perhaps fulfill other terms of your probation in order to have jurisdiction over you.

If you continue to fail to abide by your probationary terms, the...
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2 Answers | Asked in Criminal Law for California on
Q: How to find out if felony still exist on record?

Would it be off record if it was over 25yrs?

John Karas
John Karas answered on May 19, 2020

A felony stays on your record for life unless you act proactively.

Start by checking the criminal records in the county where the felony conviction was entered. You can do it online by checking the county records.

Calling the DA will prove frustrating and ineffective. They are too...
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1 Answer | Asked in Criminal Law for California on
Q: There is a warrant out for charges 1 1137, how much time can a person serve? Theft of $100, under $1500. State of MD.

Charge)

Charge No: 001Description:THEFT: $100 TO UNDER $1,500

Statute: Description:

Amended Date: CJIS Code:1 1137MO/PLL:Probable Cause:

Incident Date From: 08/05/2019 To: 08/05/2019 Victim Age:

John Karas
John Karas answered on May 14, 2020

I suggest you ask other question in the proper forum (Maryland) where attorneys there can answer your question.

2 Answers | Asked in Criminal Law for California on
Q: Can a citizen use force to make an arrest ? Does a citizen have the right to detain someone while police arrive ?

In the state of Georgia ?

John Karas
John Karas answered on May 11, 2020

This is forum is for questions regarding California law. Pose your question in the Georgia forum.

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Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
John Karas
John Karas answered on May 10, 2020

Put the issue on the agenda of the city council then get as many people you know and others via petitions or flyers circulated to others in your community to attend and demand an answer from the City Council why the City Attorney for Solvang is grossly overpaid.

You can also complain to the...
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2 Answers | Asked in Criminal Law for California on
Q: Criminal charges were filed against me i bail out a day later, i was given court dates but didnt appear on the court cal

So im thinking charges were droped, Days later i find out different charges were filed and serious ones at that, had a new court date but my bail remained the same and active, but shouldnt i be rearrested on the new charges, and have to post bail again on the new charges?

John Karas
John Karas answered on May 8, 2020

Not necessarily unless the new charges are substantially different (i.e. felonies) from what you were charged initially (misdemeanors).

Whether the new charges are serious misdemeanor or as as felonies, do yourself a favor and hire an experienced criminal defense lawyer in your area...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: 3 strikes? Even if in different counties?

My ex has 2 prior felonies and in march had been charged w domestic violence against me when i had to go to the ER he was never arrested because he didnt get caught (this was riverside county) then last week he got arrested for domestic violence and gun possesion ( san bernadino county) he is... Read more »

John Karas
John Karas answered on Apr 30, 2020

Your "ex" needs to hire a skilled and experienced private criminal defense attorney.

A felon in possession of a firearm on the DV charges he is facing in SB county alone can result in substantial jail time in state prison. The other DV is probably charged as felony as well due...
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2 Answers | Asked in Criminal Law for California on
Q: If a cop pulls you over for no reason what so ever and detains you and searches the car finding drugs can you fight it?
John Karas
John Karas answered on Apr 21, 2020

Yes. A Motion to Suppress pursuant to PC 1538.5 can be filed and if successful after a hearing is held, all evidence illegally seized can be suppressed (meaning cannot be used against you).

I suggest you consult with and hire a skilled and experienced criminal defense lawyer who...
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2 Answers | Asked in Criminal Law for California on
Q: amazon charged me 1400 without consent and wont reverse it

amazon charged me 1400 without consent and wont reverse it

John Karas
John Karas answered on Apr 7, 2020

Sue Amazon in Small Claims court if you are aggrieved by their decision not to reverse the charges.

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1 Answer | Asked in Criminal Law for California on
Q: I pressed charges on my ex boyfriend last week for DV. Before they could arrest him, he had women calling threats to me

Today I was assaulted with about 40 kicks and punches to my head and face I told her that I have a heart condition and she said I hope you die and continued to assault me. What would be the charges.

John Karas
John Karas answered on Mar 5, 2020

Battery at a minimum. PC 242 which is a misdemeanor with up to six months in jail.

If you suffered serious bodily injuries, PC 243(d) which can be charged as a misdemeanor or a felony with up to 1 yr (misdemeanor) to 2-4 years in jail (felony).

Report the matter to the local police.

1 Answer | Asked in Criminal Law for California on
Q: Is taking a car without owners consent a felony in california
John Karas
John Karas answered on Oct 10, 2018

It can be. Criminals thinking of committing a crime rarely, if ever, ever ask this sort of question so if, as I suspect, you are thinking of reporting someone having ALLEGEDLY stolen a vehicle, report it to the police. They, in turn, may refer the matter to the District Attorney's Office who... Read more »

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