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3 Answers | Asked in Criminal Law for California on
Q: had trial and it was cut throat defence his lawyer used DNA to prove association but after the trial the DNA change t

It was a glove that said to have my co accused DNA then later it wasn’t his but judge instructed saying it was his

John Karas
John Karas
answered on Nov 14, 2021

I concur with Mr. Moseley. There's no question. I will simply add that you undoubtedly were represented by legal counsel, whether a Public Defender or an attorney you hired.

Ask your legal counsel what remedies you may have, such as an appeal, assuming you were convicted of an...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: My husband is in jail and has been for 41 days on a probation violation the courts keep pushing his court out each week

And won't let him out of jail and they're not charging him with any other charges and they won't release him and I need help to get him out and home as soon as possible

John Karas
John Karas
answered on Nov 10, 2021

If your husband was arrested and charged with a VOP (Violation of Probation), he has undoubtedly been arraigned (denied the VOP) and a Public Defender has been appointed to assist with his defense. That's who you should be contacting or hire private counsel to take over handling his defense... View More

4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... View More

John Karas
John Karas
answered on Oct 31, 2021

The DMV action taken against your license is independent of the DUI criminal case. If you're eligible to have your license re-instated by the DMV, there's nothing to prevent you from doing so.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?

Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... View More

John Karas
John Karas
answered on Oct 28, 2021

The Judge isn't the one who files charges; it's the DA's Office. Ordinarily, an infraction such as an unsafe lane change will have no impact on the pending charge stemming from the traffic incident.

However, depending on your age when you had that one drink, whether you...
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2 Answers | Asked in Criminal Law and Family Law for California on
Q: In california, why would my lawyer want me to get a physical exam for?

My friend is being charged with attempted murder even though he did not try to kill anyone. His lawyer is requesting that he gets a physical exam done. This case started a year ago. I’m unsure what the reason for getting this done because he is waiting for sentencing in a couple days

John Karas
John Karas
answered on Sep 25, 2021

First, in the caption of your question you ask why would YOUR LAWYER want you to get a physical exam but in the body of your question the exam is for a friend of yours about to be sentenced which is inconsistent.

Only the lawyer and his client know the reason for the exam to be done. If...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Does this law firm defend Native Americans in domestic abuse cases that results in a death
John Karas
John Karas
answered on Sep 25, 2021

It's not clear from your question who you are referring to as "this law firm" handling wrongful death cases allegedly arsing from domestic abuse and, if so, if you have been criminally charged with that offense. Your race or ethnicity is usually not relevant to whether an attorney... View More

2 Answers | Asked in Criminal Law for California on
Q: I have a friend who is on parole but doesn't want to take his medication due to health concerns, is there a legal way

His medicine is starting to cause hallucinations and hearing things but his parole officer still wants him to take them. Is there a legal way for him not to take them

John Karas
John Karas
answered on Sep 24, 2021

Your friend should inform his attorney who represented him about the adverse side effects from the medication he is required to take under the terms of his parole but the attorney will need "ammo" to convince a judge that the medication needs to be ordered to be stopped.

A...
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2 Answers | Asked in Criminal Law for California on
Q: Being charged for the first time with 25850(a)/(c)(7). Gun was registered. What are cost estimate for lawyer?

Happened a year ago. Was originally released. Used for self defense after being attacked by 3 men.

John Karas
John Karas
answered on Sep 20, 2021

Attorneys are prohibited by Justia from giving cost estimates on this site. Not all criminal defense attorneys are the same (experience, skill etc.) so call several, ask for a consultation and what the amount of legal fees they would charge.

Be aware that most of the time PC...
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1 Answer | Asked in Criminal Law for California on
Q: So this is kind of complicated: on 9/9/19 I got arrested for a felony 530.5(c)(3), Misd 11350(a), Misd 11364(a). I got

Bailed out for those charges. On 11/15/19 I got arrested for a Felony 530.5(c)(3) ×5, Felony 30305(a)(1) and an Enhancement for committing a felony while out on bail. I bailed out on these charges. On 8/20/20 I was charged with a felony 487(a) ×5, Felony 530.5(a) × 8 and 13 Enhancements for... View More

John Karas
John Karas
answered on Sep 19, 2021

Let your attorney explain how the sentencing will work. You've obviously already been arraigned on the initial charges in 2019, the ones charged last November and probably on the ones charged in August of this year.

If you don't have an attorney and you meet the financial...
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2 Answers | Asked in Domestic Violence for California on
Q: I was served a restraining order by my ex in which she has several false allegations.

I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in... View More

John Karas
John Karas
answered on Sep 19, 2021

I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas
answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
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3 Answers | Asked in Criminal Law for California on
Q: Ok so if you go to a store and test ride a bicycle and then don't return with it they take your ID what can they do?
John Karas
John Karas
answered on Sep 14, 2021

I agree with Mr. Abrams and will add that you can run, you can hide but eventually the police will catch up and find you and place you under arrest. If that bike was priced at over $950, you will likely be charged with Grand Theft, which is a FELONY, and the DA's office has 3 years to press... View More

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3 Answers | Asked in Criminal Law for California on
Q: My boyfriend was arrested in California 3 months ago. He currently has a public defender but he hasn’t seen him

We can’t afford bail and his attorney doesn’t answer our calls. I don’t really know what to do . We have never dealt with anything like this before. But we also don’t have money

John Karas
John Karas
answered on Sep 12, 2021

Please understand that Public Defenders (PD's) lack the time to visit clients in jail or return phone calls from family, relatives or friends. They typically have over 100 active cases with 25 or more potential new ones each and every day due to the heavy volume of people who can't... View More

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3 Answers | Asked in Criminal Law for California on
Q: Should I go talk to a Det. without attorney case is self Defense. Assult with weapon. other party didn't come forward.

I'm out on bail. Help

John Karas
John Karas
answered on Sep 3, 2021

You need to hire a skilled and experienced criminal defense who handles serious and violent felony charges like the ADW you are apparently charged with.

Not a negotiator like Public Defender, a real trial attorney. DA's respect trial attorneys more than PD's or "escort...
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3 Answers | Asked in Criminal Law for California on
Q: I purchased a boat and got a bill of sale and title transfer and given the keys as well.

About a week and a half later my truck and the boat were taken by the police and the charge or grand theft and grand theft auto were filed. What should I do?

John Karas
John Karas
answered on Sep 2, 2021

I agree with Mr. Abrams. Hire a skilled, experienced and aggressive criminal defense attorney who handles grand theft (if it pertains to the boat you bought) and/or grand theft auto cases. There are several potential defenses to the charges filed against you which could result in the charges... View More

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3 Answers | Asked in Criminal Law for California on
Q: What would be the penalty for someone on parole that has newly been charged for 5 counts attempted murder & arson
John Karas
John Karas
answered on Aug 30, 2021

Attempted murder in the 1st degree carries a penalty of life in prison.

2nd degree murder carries penalties of 5, 7 or 9 years (low, mid, high terms) in state prison. As a felon on parole, you're not going to get low or mid term so figure 9 years on each count. You're facing the...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... View More

John Karas
John Karas
answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

1 Answer | Asked in Criminal Law for California on
Q: Does a statute of limitations described in the Vehicle Code Preclude other charges?

If the California Vehicle code states:

(b) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway... View More

John Karas
John Karas
answered on Aug 16, 2021

A perjury charge is a "wobber" meaning it can be charged as a misdemeanor or as a felony. The latter has a 3 year statute of limitations.

2 Answers | Asked in Criminal Law for California on
Q: If I'm pulled over for wreckless driving and I'm taken to jail may a officer search my vehicle?
John Karas
John Karas
answered on Aug 16, 2021

Yes. Whether under the guise of for the officer's protection to check if there are any weapons in the vehicle or to conduct an inventory in the passenger compartment but not the trunck which would require a search warrant.

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1 Answer | Asked in DUI / DWI for California on
Q: How can I avoid being falsely charged with an underage DUI of blowing above .01? [Vehicle Code: 2314(a)]

I was pulled over after not completely stopping at a stop sign and then was under DUI investigation because I had just picked up my drunk friend from a friends house. I complied with all the CHP’s orders and denied drinking all together except for the night before (approx. 9 hours before the... View More

John Karas
John Karas
answered on Aug 16, 2021

Nyquil contains 10% alcohol. The law doesn't make a distinction what the source of the alcohol was, just that you had it in your system.

Your first course of action is to request a DMV hearing within 10 days of your arrest. Otherwise, your license will automatically be suspended for...
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