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Questions Answered by John Karas
2 Answers | Asked in Criminal Law for California on
Q: My uncle was arrested for like the 6th or 7th time for transportation with the intent to sale,how much time is he facing
John Karas
John Karas answered on Jul 18, 2021

With so many priors, your uncle is facing significant jail time. After 2 prior convictions of H&S 11360, the charges could and likely has been in the past charged as a felony in which case he's facing 2, 3 or 4 years (low, mid and high term) in jail per the statute.

Given his...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: hello, how would i go about proving a gaurdianship of minor case granted illegally?

I was granted sole legal custody and sole physical custody of my minor child in 2012. my grandmother was babysitting for me for thee days and without my knowledge or consent took my child out of school , disconnected her phone number , and relocated to a different part of town. In 2016 my... Read more »

John Karas
John Karas answered on Jul 10, 2021

I suggest you consult with and hire a Family Law attorney in your area. While I empathize with your situation, a criminal defense attorney can't help with this matter.

Good luck.

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2 Answers | Asked in Criminal Law, Domestic Violence and Identity Theft for California on
Q: Can you check to see if i have a warrant in ventura county my boyfriend is attempting to get rid of me. For a reason.

I know something about him that he absolutely doesnt want told. So he has planned ling and hard to make me appear something i am not. He physically and mentally terrorizes me.

John Karas
John Karas answered on Jul 5, 2021

As Abraham Lincoln (who was an attorney before he became president) once said, "An attorney's stock in trade is his (or her) time". If you want an attorney to find out if there is an outstanding warrant for your arrest, hire a lawyer.

Otherwise, go on the Ventura County...
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2 Answers | Asked in Criminal Law for California on
Q: In DOmestic violence case my case in not on calendar does that mean there are no charges filed.?

Arrested for DV husband post bond told officer is not pressing charges won’t cooperate case is not on calendar

John Karas
John Karas answered on Jul 5, 2021

The DA's office is the one who files criminal charges and in some jurisdictions (counties) frequently are late filing a criminal complaint.

Domestic Violence is a "wobbler" which means it can be charged as a misdemeanor or as felony depending on the the nature and...
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2 Answers | Asked in Criminal Law for California on
Q: i accepted vandalism, and they gave me burglury san fernando court help please, they also want me to go to rehab 2 days
John Karas
John Karas answered on Jun 28, 2021

If your plea bargain wasn't what you expected it to be, why didn't you say so at the time of sentencing? A burglary (even 2nd degree is a felony) is a lot more serious than vandalism (misdemeanor). Also, why aren't you asking your attorney who represented you what happened.... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a reckless driving ticket in January but I'm not too sure if I should admit to it in court.

I was doing donuts in an empty cul-de-sac next to a dirt lot at 2am, the CHP office was pretty close by which is how the got me because my car was really loud and the only one on the road at the time. After I had my fun I start heading home and drove past the office, I see a cop car waiting for me... Read more »

John Karas
John Karas answered on Jun 28, 2021

The expired tags and no insurance can be added after the fact to the criminal complaint filed by the DA's office but they are infractions and easily correctable ($25 fix it ticket.).

The reckless driving will count 2 points against your record with the DMV just like a DUI....
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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

John Karas
John Karas answered on Jun 28, 2021

Hire a skilled and experienced criminal defense attorney.

Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).

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2 Answers | Asked in Criminal Law for California on
Q: Attorney is trying to get me a diversion in a prelim, but why the head DA in charge is taking a long to make a verdict?
John Karas
John Karas answered on Jun 25, 2021

DA's don't "make verdicts". That the function of a jury (or a judge in a bench trial).

How would any of us know why the DA's decision regarding your attorney's suggested plea bargain agreement be diversion? ASK YOUR ATTORNEY.

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2 Answers | Asked in Criminal Law for California on
Q: How much time can a person get as a convicted felon with 3 felonies?

How much time can a person get if charged with parole warrant, possession of a firearm by convicted felon, and evading police driving in wreck less manner which concludes all 3 felonies?

John Karas
John Karas answered on Jun 24, 2021

3 years state prison on the felon in possession of a firearm, 3 years on the felony evading arrest and how much jail time was still left on the felony charge you pled out to or were convicted after a jury trial when you were placed on parole.

In light of the serious charges, you're...
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2 Answers | Asked in Criminal Law for California on
Q: If a current charge is non-violent can a 30yr old strike be used as an enhancement?

The current charge is sales/transport. Attorney is saying the DA will use a 30 year old strike as an enhancement to double the sentence if found guilty.

John Karas
John Karas answered on May 28, 2021

I suggest you consult with and perhaps hire a different attorney in your area. When I talk with DA's on behalf of my clients, they voluntarily dismiss the prior felony enhancement even when it's far more recent than yours. Otherwise, they know a Romero motion will follow to strike the... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Can police officers execute a warrant on weekends?

I know this is a stupid question but I had a police officer execute a warrant today at my place of residence.

John Karas
John Karas answered on May 15, 2021

Short answer is yes.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
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3 Answers | Asked in Criminal Law for California on
Q: Is a short cellphone video of me holding what appears to be a shotgun enough to convict me in a criminal court?

I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the... Read more »

John Karas
John Karas answered on Apr 28, 2021

Being in possession or control a firearm is sufficient to support a charge of PC 29800 (felon w/firearm).

Given what you described, you got duped by a couple of con artists. The video may provide evidence that the shotgun was, in fact a replica, in which case you aren't guilty of the...
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2 Answers | Asked in Criminal Law for California on
Q: My restitution I owed was put on hold during a bankruptcy I did and never started back up again. Should I do anything

The restitution was not included in BK. The state of California garnished my wages to collect but they had to stop collection when I filed for BK. It has been around two years since BK was discharged and the state has not resumed trying to get payment. Should I just wait for them to contact me or... Read more »

John Karas
John Karas answered on Apr 27, 2021

Ask the attorneys who represented you re: the embezzlement charge and who assisted you with your BK. The restitution order may not be dischargable in BK and if it wasn't listed in the BK petition, you still owe the restitution amount.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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2 Answers | Asked in Criminal Law for California on
Q: Can you file a Lawsuit for Theft by False Pretenses to a Person that lives in Roswell N.M.

Thus Person asked me to borrow Money and told me when She gets back to work She'll pay me, So b4the year was over I Asked Her When was She going to Pay me back, She told me there was Nothing in writing like a contract, There for She wasn't going to pay me back.

I have All the... Read more »

John Karas
John Karas answered on Apr 16, 2021

Your situation is a CIVIL matter, not criminal in nature.

You're going to have a tough time getting any of your money back without a contract or something else in writing that shows it was a loan and not a gift. Breach of an oral contract has a 2 year statute of limitations in...
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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I have been made my first offer of 8 years instead of the mandatory minimum of 10. Should I wait or accept this offer ?

No further details

John Karas
John Karas answered on Apr 6, 2021

You are undoubtedly represented by counsel (Federal Defender) who knows the facts of your case, your prior criminal history, etc., which is the basis of the offer (plus there are Federal Sentencing Guidelines for different types of cases in Federal court). He (or she) is in the best position to... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: STATEMENT OF DEFENDANT ENTERING A GUILTY PLEA

On my STATEMENT OF DEFENDANT ENTERING A GUILTY PLEA that I signed one of the requirements on this document says that I must complete a substance abuse class. I remember the judge calling it an assessment instead of a class. There is a significant difference between the two. If I complete a... Read more »

John Karas
John Karas answered on Apr 4, 2021

Unless you pled guilty straight up to the court (unrepresented by a Public Defender or private counsel), I suggest you talk with your attorney who assisted in the guilty plea entered. You can also contact the Court Clerk for the Criminal Division for the court (there are many courthouses in LA... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Do you know any available resources if he wanted to replace his lawyer with another pro bono lawyer?
John Karas
John Karas answered on Mar 28, 2021

While I agree with Mr. Lehr's answer, be aware that attorneys on the criminal defense conflict panel, assuming the court appoints new counsel after the Marsden hearing, are paid a very small, lump sum, whether for court appearances or trial, which creates a financial disincentive to do... Read more »

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3 Answers | Asked in Personal Injury, Traffic Tickets and Civil Rights for California on
Q: If someone is suing can i sue the same person as well?

Can i join another person lawsuit for financial compensation?

John Karas
John Karas answered on Mar 26, 2021

Your question has absolutely nothing to do with criminal law. If you want to sue someone, that's a CIVIL matter.

Just because someone else is suing someone, doesn't mean you can join their lawsuit (or file an independent action against that defendant). to "get on the gravy...
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