answered on Apr 8, 2023
Both are "wobblers" meaning they can be charged as a misdemeanor or a felony. However, if charged with ADW, it has a higher jail sentence if charged as a felony (up to 4 years in state prison) whereas CT if charged as a felon carries a 3 year prison sentence.
Of the two, ADW is... Read more »
I was set up and survived CDCr never to this day informed my mom that I was set up got stabbed & survived. I 602 them just for them to deny it trying to cover up that they almost killed me, they are making it hard to prevent me from filing the truth on the officers that were involved that day... Read more »
answered on Feb 16, 2023
Send a letter to the Prison Law Office. They may be able to help. Unfortunately, they do hot accept phone calls.
Prison Law Office
General Delivery
San Quentin, CA 94964
The Penal Law Project does take phone calls. But, they only have student paralegals (not... Read more »
fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »
answered on Jan 25, 2023
Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.
I suggest consulting with attorneys in your area who handle attorney... Read more »
She was listed as a breeder on puppies.com and I purchased a bulldog from her that she said was perfectly healthy, I have all of the messages documented just so you know. Then the morning I got her I messaged the woman to let her know that the dog wasn’t breathing normally and seem to have a lot... Read more »
answered on Jan 2, 2023
This is a civil matter, not criminal. You can sue her in Small Claims court for the purchase price of the animal and the vet bills you incurred.
Boyfriend charged dv felony - released to sober living yesterday after 40 days. I requested peaceful contact 3 times since 1st hearing, 11/21 (we had contact the week before). Not approved for my protection/safety due to severity of case, no end date yet, Judge okay w/ continued requests w/victim... Read more »
answered on Dec 22, 2022
Your BF obviously was represented by counsel, given he was charged with a felony and there were at least 3 hearings which you attended, most likely a PD (Public Defender).
Your only option, since you're not an attorney, is to have the PD file a formal motion seeking a sentence... Read more »
Owner of the property rental we are currently renting from pretty much owns the world/area we live in out here so he feels very powerful.
With that being said, I feel he is evicting us from a place we haven’t even been in for a month yet. I have a mental disability which allows me to... Read more »
answered on Dec 16, 2022
Despite your short tenancy, landlords are required to give 30 days notice before filing an Unlawful Detainer (eviction) action unless you are violating a lease/rental agreement term other than non-payment of rent.
I suggest you contact Legal Aid to help you with paper work or hire a... Read more »
I am trying to sue the 4 police departments who are responsible for the death of my registered domestic partner. The investigation is still ongoing, 9 months later, and even the cause of death still saying pending on his death certificate. But I am on a time limit for filing these lawsuits so I... Read more »
answered on Jul 13, 2022
You are under strict time limits to file a lawsuit for wrongful death, loss of consortium, etc. You are required to give formal, written notice of a claim within 6 MONTHS from the date of the occurrence when it involves a public/government entity. There are certain exceptions for late filing of... Read more »
And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?
answered on Jun 24, 2022
If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.
answered on Jun 20, 2022
If you have not been sentenced, no judgement has been taken against you or within 6 months of a order granting probation, you can file a Motion to Withdraw your plea pursuant to Penal Code 1018.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1018.&lawCode=PEN
Can the kill zone theory ( error)
Apply for sb 775 if so how?
answered on Jun 9, 2022
If you were the defendant, charged and convicted of the attempted murder/aiding and abetting the same, ask your lawyer.
If not, read SB 775. It provides a mechanism for filing a petition to have the conviction modified provided it is not final to challenge the its validity by appeal to... Read more »
I was in a accident, the other driver was found 100% at fault. My hospital bill was $52,000. I was able to negotiate with the hospital to take off $14,000 leaving me with $37,000. The person Who hit me only had a bodily injury of $15,000. I have under insured bodily injury of $25,000 with AAA. My... Read more »
answered on Jun 9, 2022
I suggest that you consult with an attorney or law firm that specialize in Insurance Bad Faith in your area.
Be aware that they may or may not take on your case against your insurer on a contingency fee basis because of the relatively modest UIM policy limits but if the insurer refuses to... Read more »
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 »
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 »
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 »
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 »
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 »
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... Read more »
A small fender bender turned into an assault with a deadly weapon charge and a warrant for 98,000 dollars
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 »
What would be the procedure for something like that? Will I be going to jail?
answered on Mar 30, 2023
I wrote a Guide on this subject several years ago which may provide you with some guidance.
https://www.avvo.com/legal-guides/ugc/bench-warrant-violation-of-probation-diy-or-hire-a-lawyer-legal-guide-
answered on Mar 21, 2023
This isn't a criminal law question but I'll answer it anyway. The SOL for most personal injuries cases is 2 years.
Have left multiple messages with my attorney- voicemails, his secretary, emailed, texted and even through his company website. He refuses to respond or allow me to be scheduled for a meeting. Already paid his fee- is there anything I can do?
answered on Mar 21, 2023
You can call the California State Bar for assistance in opening a complaint against the attorney.
A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill,... Read more »
answered on Feb 4, 2023
Consult with a lawyer in your area. You don't make any mention of loss of earnings (LOE) so that might another component of your claim.
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