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2 Answers | Asked in Criminal Law for California on
Q: Why would a judge dismiss a victim's impact statement at the sentencing hearing? It seemed irrelevant to have written 1.

The judge made me feel so small. I was given minimal info for the statement from an advocate. I showed up and presented it. Did I miss something? Maybe I had the wrong idea for the meaning of marsy’s law.

John Karas
John Karas
answered on Feb 11, 2022

No idea. I suggest contacting the victim's advocate office or better yet the DA who handled the case to sentencing to find out what happened.

Good luck.

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2 Answers | Asked in Criminal Law for California on
Q: I was bleeding and it was 2 men against me, and I didn't cause no injury. Is that grounds for 245a(1)?

I got into a fight with a guy at my dinner living home. His friend held me from behind while he got me in a choke hold. The police arrived and I was bleeding from my ear. He wasn't bleeding. They arrested me only.

John Karas
John Karas
answered on Feb 11, 2022

You are likely charged with PC 245a(1),which is felony, because you had a deadly weapon (other than a gun). You may have a self-defense argument due to your injuries.

I suggest consulting with and hiring an experienced criminal defense attorney who specializes in defending serious and...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for California on
Q: I am a victim of a crime, and the detective threatened me. What actions should I take?

I asked simple questions about how to get property back and a list of the property they took from my residence. He yelled at me, told me he didn't have to give me anything not even a list, told me I'll never get the property back, and that he could search my other properties and... View More

John Karas
John Karas
answered on Feb 5, 2022

I suggest you direct this question in Texas where you apparently reside. Laws differ in each state.

You can lodge a complaint against the detective with the city or county by whom he is employed. However, that may make you a "marked man". Police officers and/or agencies can be...
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3 Answers | Asked in Contracts and Criminal Law for California on
Q: Can I have a Ca lawyer or attorney defend us in Utah. Over a bogus lawsuit case that a has no evidence against us?

My brother's friend is suing us forcibly entering into a Business agreement. My mother and I have never met this man, had never spoken to him and now we're being held accountable for something we had nothing to do with. There is no evidence other than my brother paying back what he owed... View More

John Karas
John Karas
answered on Feb 5, 2022

Unless an attorney is licensed in Utah, an out of state attorney, such as in California, cannot represent you.

If you are unhappy with your current attorney, hire a different one in Utah.

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3 Answers | Asked in Criminal Law for California on
Q: my neighbor has recorded me speeding in the neighborhood. What can he do with these videos?
John Karas
John Karas
answered on Feb 5, 2022

The neighbor can take the video to the police. While it is unlikely the police will arrest you for speeding or exhibition of speeding since the offense(s) did not occur in their presence, they can send over a unit from time to time to monitor your neighborhood using radar to clock you.... View More

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2 Answers | Asked in Criminal Law for California on
Q: Will I get drug tested for my first court date after being caught in possession of mushrooms as a minor?

It's my first time having trouble with the law. I was caught in possession of a small amount of psilocybin mushrooms a month ago when I was a minor. I'm an adult now, but I'm not sure if that makes any difference. Will I get drug tested on my court date?

John Karas
John Karas
answered on Jan 21, 2022

It's unclear from your question whether you have a court date for Arraignment set and where. Check the citation or go online on the Orange County Superior Court website and type in your case number.

If charged as an adult, your case will likely be heard at the courthouse in...
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2 Answers | Asked in Criminal Law for California on
Q: What if someone imports drugs from out of country?
John Karas
John Karas
answered on Jan 12, 2022

Drug importation is a federal offense which would be charged as a felony. Depending on what type and quantity of the drugs as well as the prior criminal record of the person(s) involved, federal sentencing guidelines would dictate how long a jail sentence would be imposed.

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2 Answers | Asked in Criminal Law for California on
Q: I was hit in the head and split open by a large stick in someone's house because We got into an arguemen. I was

After being hit I did not hit back. I replied your lucky it's Me You hit because anyone else would have cracked Your face open for that. He then ran at Me with said large stick and hit me 2 times in the head. I was barely able to receive my belongings while leaving the premises. They... View More

John Karas
John Karas
answered on Jan 9, 2022

First, you can't "press charges". Only the District Attorney's (DA) Office can.

In order file criminal charges, the DA needs something to work with such as an investigation by the local police. Did you report the incident to the police? Did you seek immediate...
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3 Answers | Asked in Criminal Law for California on
Q: can highway patrol pull you over on a basic traffic stop, not conduct the procedure, instead search my whole car?

got pulled over, basic traffic stop he said loud music. I Lost my DL but I was valid and since I couldn't find my wallet. they forced me out pat me down. had nothing on me. proceeded to search my vehicle with no consent. I had a large amount of cash. 35k neatly bank banded. I play high stakes... View More

John Karas
John Karas
answered on Jan 7, 2022

Assuming everything you said is true (and I have no reason to doubt what happened as police officers use every opportunity they can invent to conduct an unlawful search having handled dozens of these type of cases), I suggest you hire private counsel to file what called a Penal Code 1538.5 Motion... View More

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1 Answer | Asked in Criminal Law for California on
Q: My son has hearing for mental competency to stand trial. Can parent supply mental illness info.

My son has been on and off his meds for 3 years. Has had 3 involuntary commitments (5150) in California. He can pull himself together for an hour, but then the manic behavior returns. Can I supply info to the court on his condition. He urgently needs treatment before undergoing a criminal trial.... View More

John Karas
John Karas
answered on Dec 30, 2021

Your question should be directed to your son's attorney regarding whether you would be allowed to testify. Ordinarily, the Judge will consider testimony from a medical expert, the expert's review of not only your son's past medical records and an evaluation after seeing/speaking... View More

2 Answers | Asked in Domestic Violence for California on
Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

John Karas
John Karas
answered on Dec 30, 2021

Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever...
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2 Answers | Asked in DUI / DWI for California on
Q: DUI. Fell asleep in drivers seat with foot out of door after drinking outside of inoperable vehicle..

My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)

I proceeded to call friends i was gonna meet with that evening to celebrate... View More

John Karas
John Karas
answered on Dec 29, 2021

The first thing you need to do is consult with an experienced criminal defense attorney who handles DUI cases ASAP that knows what they are doing. If, as I suspect, you meant your BAC (Blood Alcohol Content) was .31, that's nearly 4 times the legal limit, and the penalties will be... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I bought a shotgun online and failed my background check and can’t return the gun to the armory I bought it at.

Do I have to sell it to the pawnshop that’s holding it or can I sell to someone who is legal to own it? What rights (if any) do I have to this gun?

John Karas
John Karas
answered on Dec 23, 2021

Sale of the shotgun would have to be done using a licensed firearms dealer.

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3 Answers | Asked in Criminal Law for California on
Q: SO IF THREE PEOPLE GET GRAND THEFT CHARGES FROM WALMART AND ONE OF THEM MISSES JURY TRIAL WHAT WILL HAPPEN TO THEM???
John Karas
John Karas
answered on Dec 23, 2021

The Judge will issue a bench warrant for that defendant's arrest. Additional criminal charges may be added for failure to appear.

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3 Answers | Asked in Criminal Law for California on
Q: If a person breaks into your yard or your house and has a weapon, can you defend yourself and to what point?
John Karas
John Karas
answered on Dec 20, 2021

Is this a hypothetical question or are you seeking validation for something you plan on doing?

Under the law, you can use reasonable force to defend yourself. If the intruder has a knife, stun gun or something like that, you have a firearm, he turns to flee and you gun him down you're...
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2 Answers | Asked in Criminal Law for California on
Q: I was employed by a timeshare company without a license and sold millions they made me commit fraud

I have all of the info and all of those contracts are voidable due to fraud

John Karas
John Karas
answered on Dec 12, 2021

Are you being charged with a crime? Usually, the kind of fraud you describe is the subject of a civil lawsuit. Also, it's unclear whether the company you worked for was unlicensed or you were unlicensed.

Either way, I suggest you contact an attorney experienced in handling fraud...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: What kind of attorney would I be looking to hire?

I was most recently got cahsed down by a boyfriend who hit my car. Now the other big issue is I have filed several police reports about this man and the Sheriff's have completely violated my rights by making excuses for him. After looking at all my police reports the Sheriffs left out very... View More

John Karas
John Karas
answered on Dec 7, 2021

Hire an attorney to file a Civil Harassment Restraining Order on your behalf. A subpoena can be issued to obtain the casino surveillance tape to bolster your case.

If your BF caused damage to your car, submit a claim to your auto insurance carrier. If you have a deductible you had to pay...
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2 Answers | Asked in Criminal Law for California on
Q: What should I do if false accusations were made against me and was reported to local law enforcement I was told a warran

Warrant issued with in 24 hrs of accusations

John Karas
John Karas
answered on Nov 22, 2021

Hire a criminal defense lawyer in your area who handles the type of warrant issued for your arrest.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: An officer thought something was stolen and demanded their removal can he still search?

Officer said speakers in my back seat “looked like boat speakers” and demanded I return them to an obviously abandoned boat outside in the desert across from pick-a-part. When I took them from my car he proceeded to search my car, including closed containers/my purse which obviously did not... View More

John Karas
John Karas
answered on Nov 19, 2021

Whether the LEO (Law Enforcement Officer's) actions constituted a unlawful warrantless search of your vehicle and your purse, was anything incriminating found? Were criminal charges filed against you? If not, what do you hope to gain by asking a rhetorical question?

Also, you list...
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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Its my first time getting a DUI, I dont know what to do and need help but have no money, can someone help me please

Or send me to someone that maybe could. My English isnt that strong. I got my DUI 10/23/2021 on Baily Rd. Bay Point, Ca. A car had stopped infront of me and I didnt break in time good enough and hit the vehicle infront of me no one hurt.

John Karas
John Karas
answered on Nov 17, 2021

If you don't have any money to pay for a private attorney to represent you, at your arraignment where you plead no guilty ask for a Public Defender to be appointed.

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