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Questions Answered by John Karas
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 »

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: What does the May 2018 revision to CA Prop 57 do to help release non and semi-violent offenders?

My brother has already served his minimum sentence for a felony DUI (3rd DUI and causing great bodily harm to another person). He has tasked me with investigating a supposed revision to Prop 57 that occurred in May that would extend the minimum sentence release to what he described as... Read more »

John Karas
John Karas answered on Sep 29, 2018

This is not a DIY project. Your brother has the right to be represented by an attorney he or someone on his behalf retains (meaniing hires and pay) or his Public Defender (if as I suspect a PD was appointed on his underlying case) at his parole hearing.... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: If I received a DUI in CA with an NC license about 13 years ago, paid the fines but never too the classes and closed It

Am moving back to NC, will I be able to get a license in NC in some way?

John Karas
John Karas answered on Sep 23, 2018

Unlikely. North Carolina participates in an Interstate Compact in which states share driver's license information including DUI's and suspended licenses. Not having completed the DUI classes in California resulted in your license having been suspended by the issuing state's DMV but you are also... Read more »

2 Answers | Asked in Criminal Law for California on
Q: Possession of marijuana in Arkansas
John Karas
John Karas answered on Sep 11, 2018

You will need to consult with a criminal defense lawyer in Arkansas as law governing possession, use or sale of MJ differs state by state.

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3 Answers | Asked in DUI / DWI for California on
Q: Hello, I was recently arrested for a dui and can’t afford a lawyer. Where do I turn for help?
John Karas
John Karas answered on Sep 8, 2018

If you cannot afford an attorney, a Public Defender will be appointed to represent you by the court assuming you are income eligible (you will be required to fill out a form listing your income and expenses to determine such eligibility).

Even if you don't think you can afford to retain an...
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2 Answers | Asked in Criminal Law, Divorce and Family Law for California on
Q: I was recently served a TRO that had pages missing from it (D.V. 100, pages 2 and 4). Is this grounds for an extension?

I need to buy some time to let my funds clear so I can attain an attorney. Can I use the missing papers as grounds for an extension?

John Karas
John Karas answered on Sep 7, 2018

Yes.

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2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Federal Crimes for California on
Q: Two Liberals In A Squad Car Arrest 11370 1 a Counsel ? Lakewood Ca Mich Wane 562 450 3969
John Karas
John Karas answered on Sep 7, 2018

What does "two liberals in a squad car" have to do with anything?

H&S 11370.1(a) is a felony. You're facing 2, 3 or 4 years (low, mid to high term) in state prison AND a lifetime ban on owning a gun again if convicted.

There are defenses to both the possession of the controlled...
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2 Answers | Asked in Criminal Law for California on
Q: Can I get in trouble for messing up on a report?

Hello..I filed a report but messed up on the timeline really badly and I’m really scared I’ll get in trouble for the messup. Could I get in trouble for it or can I still correct it at my meeting with the detective?

John Karas
John Karas answered on Sep 7, 2018

Don't know what type of "report" you're referring to, but it's NEVER a good idea to talk with a police officer let alone a detective without a lawyer present. Law Enforcement officers are not your friend. They want to talk with you in order to MAKE A STRONGER CASE AGAINST YOU to submit to the... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Is it illegal to record someone being assaulted, distributing the video and not stepping in?

Someone recorded a video of myself being assaulted, did nothing to stop the assault and distributed it in a group message.

John Karas
John Karas answered on Sep 7, 2018

It's not "illegal" to videotape someone in a public place documenting an "assault". However, it MAY be an Invasion of your right to Privacy to "publish" the video in a group message to other people without your permission in which you may be able to sue the person who took and distributed the... Read more »

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3 Answers | Asked in Criminal Law and Civil Rights for California on
Q: When and how can a cop legally stop or detain a person?

I was detained or stop for no apparent reason no crime no complaint in the area. I was walking on the parking lot when a cops just stop me and block my way and asked why the car I was about to drive off has a paper plate from the dealership. The paper plate was original from the dealership and... Read more »

John Karas
John Karas answered on Sep 7, 2018

A police officer has the right to talk to someone and ask for ID if they suspect the person is involved in a crime. However, you also have the right to walk away and refuse to talk to them.

With that said, what's your point? Were you arrested or simply upset that you were briefly...
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2 Answers | Asked in Criminal Law for California on
Q: What are the chances of an arrest at an arraignment hearing for a misdemeanor possession charge while on probation?

Arrested in July for possession of a controlled substance. Released a few hours later with a ticket saying that I need to appear in court today. Wondering what to expect at my arraignment hearing... is it possible to be arrested for a probation violation? Or will I enter a plea and then be required... Read more »

John Karas
John Karas answered on Sep 7, 2018

Chances of being "arrested" at the Arraignment for your alleged drug possession offense for a VOP (Violation of Probation) is unlikely unless the underlying offense was a Felony but you could be asked to enter a plea to the VOP (assuming the DA adds the charge to the misdemeanor complaint) in which... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I got pulled over police found 4 pounds of marijuana the charge is trafficking what can i expect as punishment solano co
John Karas
John Karas answered on Sep 7, 2018

4 pounds of MJ is alot so you can be charged with drug trafficking as a Felony. Also, if you crossed county lines (going from one to another), you could be charged with a separate Felony as well.

Call local criminal defense lawyers with experience handling drug related offenses. Good luck.

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: If a driver hit and totaled my parked car, is her insurance company responsible for providing me a rental car?

While I was a work, a driver lost control of her vehicle, hit my parked car pushing it into other parked cars before she crashed into a building. I have been with out a car for almost 2 weeks and her insurance company is telling me that they can not help me out because her insurance coverage is... Read more »

John Karas
John Karas answered on Aug 29, 2018

If the other party's car insurance is not sufficient to cover all of the damage to your vehicle and a rental car for your use, you should submit a claim to your own car insurance company (assuming you had insurance coverage) pursuant to the Under Insured Motorist coverage of your own car insurance... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Will I get extradited from another state away by my P.O. if I am in violation of my probation? It was a misdemeanor DUI.

I got a DUI in WA state, I plead guilty and was placed on probation. It was my 1st DUI. My family lives in CA. I moved to CA to get back with my family. My P.O. allowed me to move to CA, they did not transfer my case I just call to keep in touch. I am currently having issues with the outpatient... Read more »

John Karas
John Karas answered on Aug 11, 2018

Something will "come out of it" (violation of your probation on your out-of-state DUI probation), just not what you think.

It is highly unlikely that WA would extradite you on a misdemeanor. However, if you fail to complete your outpatient treatment, it will be reported not only to the WA...
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1 Answer | Asked in Criminal Law for California on
Q: Sprint cancelled line say my employee used my pincode. They say they have phone conv. wont let me listen w/o court order

My employee denies cancelling. Do I have right to hear phone conversation they claim authorized cancellation? They charged my account cancellation and remainder of lease and my employee is adament she didnt authorize that. She only asked to keep her phone number.

John Karas
John Karas answered on Aug 7, 2018

First, this is not a Criminal law matter; it's purely a CIVIL dispute.

In order to get the telephone call (assuming it was recorded and still exists), you would have to file and serve a lawsuit against Sprint. Sprint, in turn, will hire a law firm to defend it and will have 30 days to...
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2 Answers | Asked in Criminal Law for California on
Q: 1 if already arrested sitting in jail Can a district attorney question you without proper counsel or is this an ethical
John Karas
John Karas answered on Jul 28, 2018

In a custodial setting post arrest, the DA would have been required to give you a Miranda warning before any questioning. If none was given, any statements given by you can be suppressed.

The issue will be proving that the DA questioned you. It's is quite unusual for a DA to question a...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: hello my car experienced some water damage while at the dealership and my vinyl, upholstery and window are damaged.

The dealer is trying to deny the damage. But my car was not damaged before I took it there. Are they liable for fixing this? Is it worth seeking legal for the damages?

John Karas
John Karas answered on Jul 21, 2018

Your case and the damages involved (under 10K) is what Small Claims lawsuits are designed for.

As Mr. Light suggests (and I agree), you will need before and after pictures of the damage done to your vehicle, your attempts to resolve the matter with the dealership (letters, emails perhaps...
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2 Answers | Asked in Criminal Law for California on
Q: what does it mean when a judge say if : case Judicial Officer Glusman, Robert -A Comment vacate warrant

and at the same time the case informatiion

07/11/2018 O/R Revoked

by public defender told me to come to court tomorrow but im not on the calender

John Karas
John Karas answered on Jul 19, 2018

You're represented by a Public Defender. Ask him or her.

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3 Answers | Asked in Criminal Law for California on
Q: My boyfriend is in custody for second degree burglery and was on probation already what can I do to get pro bono lawyer

He's has priors and is in custody

John Karas
John Karas answered on Jul 19, 2018

Assuming your BF is income eligible, a Public Defender will be appointed. Private lawyers, who get better results, are not pro bono. We have overhead expenses and have to earn a living like anyone else.

You wouldn't go to a doctor, CPA, or any other professional let alone an auto...
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3 Answers | Asked in Consumer Law, Criminal Law and Identity Theft for California on
Q: The phone repair shop returned my phone without the sim card and sd memory card. what should I do?

I gave my mobile to a repair shop. few days later they return the phone without repair. Next day I found that the sim card and micro SD memory card is missing. I have contacted them several times but no avail. They say they cannot find it. And now they are responding to my calls. I've already... Read more »

John Karas
John Karas answered on Jul 13, 2018

You can lodge a counter police report with the Sheriff's Dept. but it is unlikely that they will investigate let alone refer the matter to the DA's office for prosecution.

Instead, your remedy is to file a lawsuit in Small Claims court for the amount you paid/replacement cost of the Sim and...
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