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Questions Answered by John Karas
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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3 Answers | Asked in Child Custody and Criminal Law for California on
Q: I found a meth pipe in my restroom it’s my mothers. I wanna call the cops because she has custody of my brother.

Should I just call in? I just found it.

John Karas
John Karas answered on Mar 26, 2021

Mr. Winkler provided a fine answer with respect to what I refer as "unintended" or "collateral' consequences involving reporting family members to CPS or other agencies involved in family law matters. I'm going to approach it from a criminal law standpoint.

You...
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1 Answer | Asked in Criminal Law for California on
Q: Can a parole officer ask for the parolee spouses medical record?
John Karas
John Karas answered on Mar 19, 2021

Your PO can ask for them but that doesn't mean you have to turn them over. Your wife has a right to privacy in her medical records and also HIPAA and the CMIA (Confidentiality of Medical Information Act) protects such records from disclosure.

2 Answers | Asked in Criminal Law for California on
Q: was arrested for abscounding and possession of a controlled substance what will I expect & will I go to jail its arrange

It's my arrangement

John Karas
John Karas answered on Mar 19, 2021

It's called an "Arraignment".

If, as I suspect, you are already in jail you will remain in custody on the "Absconding" charge alone which carries a sentence 1 year in state prison. You will likely get additional jail time for being in violation of the terms of your...
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2 Answers | Asked in Criminal Law for California on
Q: Can I fight a ab109 violation? No tests or breathalyzer yet violated with 7 days left to go

P.o. violated me because he said he thinks I've been drinking

John Karas
John Karas answered on Mar 15, 2021

It depends on the terms and conditions of your probation and/or parole. Your P.O.'s subjective belief without other corroborating evidence probably wouldn't hold up in court. Talk with your attorney who represented you in connection with your case/sentencing or hire a lawyer in your... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Violated with only 7 days left on ab109 in California. He said because he THINKS IVE been drinking.
John Karas
John Karas answered on Mar 15, 2021

See my earlier response. You can indeed fight the alleged probation and/or parole violation.

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2 Answers | Asked in Criminal Law, Federal Crimes and Domestic Violence for California on
Q: First time offense , no violent past ,

First offense , no violent record , charges are “corporal spousal abuse”? and kidnap??! Reason for these charges was because i had taken the keys from my fiancé who was at the time , under the influence trying to leave at 3am in her vehicle I was just worried about her safety , she tried... Read more »

John Karas
John Karas answered on Mar 13, 2021

I suggest you consult with and hire an experienced, reputable attorney in your area who handles domestic violence cases. By the nature of the injuries described, it may be filed as a felony. You have several potential defenses.

Good luck.

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4 Answers | Asked in DUI / DWI for California on
Q: I have a friend who is being charge of dui, hit and run, driving while intoxicated,

Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges

John Karas
John Karas answered on Mar 4, 2021

There is nothing your friend can do to reduce the charges. Hiring a highly skilled, criminal defense lawyer with experience handling resisting arrest cases, which is the most serious of the offenses charged, is the best thing he can do.

PC 69 is a "wobbler" meaning it can be...
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3 Answers | Asked in Criminal Law for California on
Q: The cops came to my house with a warrant for dna sample they wouldn't tell me what it's related to
John Karas
John Karas answered on Feb 26, 2021

What is your question? If you are asking if that was legal or illegal, it depend on whether you were on probation or parole for a conviction and you agreed to, among other terms and conditions, to provide a DNA sample. I suggest you consult with the attorney who represented you on that subject.... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Was arrested and bailed out and the district attorney never picked up the case. Do I still owe the bailbonds?

Or is the bailbonds dropped

John Karas
John Karas answered on Feb 25, 2021

You still owe the bail bondsman for posting bail on your behalf because uou entered into a biding contract with him (or he) independent of the charges being "dropped" (never filed or dismissed).

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3 Answers | Asked in Traffic Tickets and Criminal Law for California on
Q: My son got a vc12500 a and has no permit or license. I want to start the process of getting him licensed. Will he get a

Misdemeanor automatically since he didn’t have a permit to drive even? He was driving a small 2 seat dune buggy if it makes a difference.

John Karas
John Karas answered on Feb 24, 2021

VC 12500 is a "wobbler" meaning it can be charged as a misdemeanor or as an infraction. In most instances, the charge is reduced to an infraction with a fine (no probation) or even dismissed in the "interests of justice" if you hire an attorney.

The key question is no...
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3 Answers | Asked in Criminal Law for California on
Q: Could you provide a form requesting a court appointed attorney for writ of habeas corpus, NOT in a capital case?

CDCR LWOP inmate needs court appointed attorney for help in filing a writ of habeas corpus.

John Karas
John Karas answered on Feb 23, 2021

I suggest you review the court website or clerk's office for the county where the prisoner is held to obtain the form you are seeking or do a Goggle search for it yourself.

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3 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: I'm a 19 year old girl in California who wants to date a 17 year old guy in Texas. Would it be grooming or illegal?
John Karas
John Karas answered on Feb 20, 2021

I don't know what you meaning by "grooming" but it would not be a good idea. If you were to engage in any sexual activity (not merely intercourse but "petting", oral, sending each other pic's of yourselves nude, etc.) you could be charged with lewd acts with a minor,... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My husband escaped a mcrp program and when apprehended they found a gun whats the process to them adding the charge

I told the police it was mine but they still trying to charge him

John Karas
John Karas answered on Feb 14, 2021

The DA's Office files the criminal complaint. If, as I suspect, your husband was convicted of a non-violent felony to be in the MCRP, it's unlawful for a him to be in possession of a firearm which is a separate felony charge.

By telling the police that gun was yours, you also...
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2 Answers | Asked in Criminal Law for California on
Q: Under new da gascon if i was charged with intent to sell from 1 gram and was on probation for intent to sell would I do

Jail time or probation? This new case happened a year and a half ago

John Karas
John Karas answered on Feb 10, 2021

It depends on the probation you received for the 1st conviction and what you are currently charged with allegedly intending to sell . If heroin, meth or coke, you're going to do significant jail time. https://johnkaraslaw.com/practice-areas/drug-crimes/

Instead of going the Public...
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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?

John Karas
John Karas answered on Feb 8, 2021

Short answer is yes.

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3 Answers | Asked in Criminal Law for California on
Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

John Karas
John Karas answered on Feb 5, 2021

If you are charged with a felony, you absolutely will be taken into custody. If a misdemeanor, it depends on the nature of the offense (some yes, some no). If it is only a traffic ticket, most likely not. You're best course of action is to hire an attorney to handle it for you.... Read more »

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