Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Karas
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...
Read more »

View More Answers

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.

View More Answers

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...
Read more »

View More Answers

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...
Read more »

View More Answers

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...
Read more »

View More Answers

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...
Read more »

View More Answers

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.

View More Answers

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 »

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... 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.

View More Answers

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...
Read more »

View More Answers

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.

View More Answers

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...
Read more »

View More Answers

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... Read more »

View More Answers

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... Read more »

View More Answers

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...
Read more »

View More Answers

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... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.