Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Karas
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

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.

View More Answers

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... Read more »

View More Answers

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...
Read more »

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...
Read more »

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...
Read more »

View More Answers

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...
Read more »

View More Answers

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.

View More Answers

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...
Read more »

View More Answers

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... 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...
Read more »

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I ask the judge for a criminal protective order instead of civil restraining order at the c ourt hearing

I filed a domestic restraining order against my ex for stabbing my foot with a bar stool. I have the court hearing to make it permanent and would like to know if I can ask the judge for a criminal protective order instead..my ex is currently in jail but not on charges for the abuse he did to me.... Read more »

John Karas
John Karas answered on Jul 13, 2018

A CPO (Criminal Protective Order) is by definition an Order issued by a Judge in a criminal proceeding. Since your ex is not in jail for the alleged physical abuse he inflicted on you, the Court where you obtained a DVO (Domestic Violence Restraining Order) does not have jurisdiction to issue a... Read more »

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: Can i get charged with trespassing if i accidentally walked to a gated community with no trespassing signs?

Was playing pokemon go and looking down and looked up to see no trespassing signs posted, I left quickly after without touching anything when i was there for around 20 seconds at most.

update: I was playing pokemon go and just following the map on the phone and realized i trespassed when i... Read more »

John Karas
John Karas answered on Jul 13, 2018

It's unlikely that you would be charged with trespassing. The 1st element which has to be proven is your identity. Even if there were surveillance cameras, how would anyone know it's you?

There are many other defenses to a trespass charge. If you are criminally prosecuted, I...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Divorce and Family Law for California on
Q: is it illegal for my sister's soon to be ex to access email conversation between us without our knowledge

My sister's ex is using conversations I had with her through email and mobile chat in their divorce case. We had no idea he had access to them; I think he hacked into her accounts and monitored all conversations. Can I sue him for invading my privacy since he obtained these conversations... Read more »

John Karas
John Karas answered on Mar 22, 2018

The short answer is yes you can sue him. He may be "judgment proof" however if he does not have the funds or assets to satisfy a potential judgement you may obtain against him.

Your sister's lawyer (assuming she has one) could potentially get the conversations excluded from...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: an individual robs a restaurant. Instructs workers to move away from the register. Individual takes money.

Why in Calif can he be charged with 4 counts of theft and 4 counts of kidnapping?

John Karas
John Karas answered on Mar 22, 2018

Perhaps because there were 4 employees at the restaurant at the time of the robbery.

DA's love to over-charge offenses in order to induce the defendant to plead guilty out of fear that they will have to serve long sentences. Hire an experienced criminal defense lawyer to assist in...
Read more »

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.