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2 Answers | Asked in Criminal Law for California on
Q: My husband was arrested for carjacking, possession of paraphernalia and a warrant. His bail was raised to $500,000.

He does not match the identity described and is still being held. What can we do and can that charge be dropped?

John Karas
John Karas
answered on Aug 8, 2021

It appears from your question that your husband has already been arraigned, pled not guilty, bail was set, his attorney asked for a bail hearing and the amount of bail increased. Ask his attorney why the bail was set so high.

Better yet bring to the attorney's attention that the...
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4 Answers | Asked in Criminal Law for California on
Q: arrested for FTA, how do I get the soonest court date asap to get out?

Case is a felony criminal, the court date was unknown to the defendant. warrent was issued for FTA with no bond.

John Karas
John Karas
answered on Aug 7, 2021

This question appears to have been written by 2 different people. The first part refers to how do "I" get the soonest court date ASAP to get out (presumably referring to jail) while the second part refers to the individual as "the defendant" who missed a court date.... View More

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1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: How should I proceed forward when someone has decided to press charges for reckless endangerment of transmitting an std?

I'm being served with papers, but have yet to receive anything. This occurred in the state of California

John Karas
John Karas
answered on Aug 6, 2021

It's unclear from your question whether you are going to be sued for damages in a civil lawsuit or if you are going are to be criminally prosecuted for transmitting a STD to someone else.

I suggest you consult with an attorney in your area who can dig deeper to find out which type of...
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2 Answers | Asked in Domestic Violence for California on
Q: Looking for an attorney to represent my brother for a domestic violence. The police have asked him to turn himself in
John Karas
John Karas
answered on Jul 30, 2021

Depending on the nature and extent of the injuries sustained by the victim, DV can be charged as a misdemeanor or a FELONY.

I suggest that you or your brother consult with a skilled and experienced criminal defense attorney in your area who handles DV cases rather than a Public Defender...
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2 Answers | Asked in DUI / DWI for California on
Q: Question for attorneys who practice DUI defense, and direct mail recent arrestees. How do you receive lists of arrests?

I'm concerned about privacy issues, and so on. Are daily lists typically available from the court web site, or do you use a service to collect daily arrest info?

John Karas
John Karas
answered on Jul 30, 2021

Here's an article I published years ago addressing your question re: the questionable ethics of lawyers who buy arrest info for solicitation purposes and where they get the info.

https://www.avvo.com/legal-guides/ugc/how-do-i-know-which-dui-lawyer-to-retain-

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1 Answer | Asked in Criminal Law for California on
Q: My 18 year old niece was molested by my 58 year old cousin in Puerto Rico. What can be done about that?
John Karas
John Karas
answered on Jul 27, 2021

Report it to the police in Puerto Rico. You also may wish to consult with an attorney regarding a civil lawsuit against the uncle.

2 Answers | Asked in Criminal Law for California on
Q: My uncle was arrested for like the 6th or 7th time for transportation with the intent to sale,how much time is he facing
John Karas
John Karas
answered on Jul 18, 2021

With so many priors, your uncle is facing significant jail time. After 2 prior convictions of H&S 11360, the charges could and likely has been in the past charged as a felony in which case he's facing 2, 3 or 4 years (low, mid and high term) in jail per the statute.

Given his...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: hello, how would i go about proving a gaurdianship of minor case granted illegally?

I was granted sole legal custody and sole physical custody of my minor child in 2012. my grandmother was babysitting for me for thee days and without my knowledge or consent took my child out of school , disconnected her phone number , and relocated to a different part of town. In 2016 my... View More

John Karas
John Karas
answered on Jul 10, 2021

I suggest you consult with and hire a Family Law attorney in your area. While I empathize with your situation, a criminal defense attorney can't help with this matter.

Good luck.

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2 Answers | Asked in Criminal Law, Domestic Violence and Identity Theft for California on
Q: Can you check to see if i have a warrant in ventura county my boyfriend is attempting to get rid of me. For a reason.

I know something about him that he absolutely doesnt want told. So he has planned ling and hard to make me appear something i am not. He physically and mentally terrorizes me.

John Karas
John Karas
answered on Jul 5, 2021

As Abraham Lincoln (who was an attorney before he became president) once said, "An attorney's stock in trade is his (or her) time". If you want an attorney to find out if there is an outstanding warrant for your arrest, hire a lawyer.

Otherwise, go on the Ventura County...
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2 Answers | Asked in Criminal Law for California on
Q: In DOmestic violence case my case in not on calendar does that mean there are no charges filed.?

Arrested for DV husband post bond told officer is not pressing charges won’t cooperate case is not on calendar

John Karas
John Karas
answered on Jul 5, 2021

The DA's office is the one who files criminal charges and in some jurisdictions (counties) frequently are late filing a criminal complaint.

Domestic Violence is a "wobbler" which means it can be charged as a misdemeanor or as felony depending on the the nature and...
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2 Answers | Asked in Criminal Law for California on
Q: i accepted vandalism, and they gave me burglury san fernando court help please, they also want me to go to rehab 2 days
John Karas
John Karas
answered on Jun 28, 2021

If your plea bargain wasn't what you expected it to be, why didn't you say so at the time of sentencing? A burglary (even 2nd degree is a felony) is a lot more serious than vandalism (misdemeanor). Also, why aren't you asking your attorney who represented you what happened.... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a reckless driving ticket in January but I'm not too sure if I should admit to it in court.

I was doing donuts in an empty cul-de-sac next to a dirt lot at 2am, the CHP office was pretty close by which is how the got me because my car was really loud and the only one on the road at the time. After I had my fun I start heading home and drove past the office, I see a cop car waiting for me... View More

John Karas
John Karas
answered on Jun 28, 2021

The expired tags and no insurance can be added after the fact to the criminal complaint filed by the DA's office but they are infractions and easily correctable ($25 fix it ticket.).

The reckless driving will count 2 points against your record with the DMV just like a DUI....
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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

John Karas
John Karas
answered on Jun 28, 2021

Hire a skilled and experienced criminal defense attorney.

Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).

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2 Answers | Asked in Criminal Law for California on
Q: Attorney is trying to get me a diversion in a prelim, but why the head DA in charge is taking a long to make a verdict?
John Karas
John Karas
answered on Jun 25, 2021

DA's don't "make verdicts". That the function of a jury (or a judge in a bench trial).

How would any of us know why the DA's decision regarding your attorney's suggested plea bargain agreement be diversion? ASK YOUR ATTORNEY.

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2 Answers | Asked in Criminal Law for California on
Q: How much time can a person get as a convicted felon with 3 felonies?

How much time can a person get if charged with parole warrant, possession of a firearm by convicted felon, and evading police driving in wreck less manner which concludes all 3 felonies?

John Karas
John Karas
answered on Jun 24, 2021

3 years state prison on the felon in possession of a firearm, 3 years on the felony evading arrest and how much jail time was still left on the felony charge you pled out to or were convicted after a jury trial when you were placed on parole.

In light of the serious charges, you're...
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2 Answers | Asked in Criminal Law for California on
Q: If a current charge is non-violent can a 30yr old strike be used as an enhancement?

The current charge is sales/transport. Attorney is saying the DA will use a 30 year old strike as an enhancement to double the sentence if found guilty.

John Karas
John Karas
answered on May 28, 2021

I suggest you consult with and perhaps hire a different attorney in your area. When I talk with DA's on behalf of my clients, they voluntarily dismiss the prior felony enhancement even when it's far more recent than yours. Otherwise, they know a Romero motion will follow to strike the... View More

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3 Answers | Asked in Criminal Law for California on
Q: Can police officers execute a warrant on weekends?

I know this is a stupid question but I had a police officer execute a warrant today at my place of residence.

John Karas
John Karas
answered on May 15, 2021

Short answer is yes.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas
answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
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3 Answers | Asked in Criminal Law for California on
Q: Is a short cellphone video of me holding what appears to be a shotgun enough to convict me in a criminal court?

I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the... View More

John Karas
John Karas
answered on Apr 28, 2021

Being in possession or control a firearm is sufficient to support a charge of PC 29800 (felon w/firearm).

Given what you described, you got duped by a couple of con artists. The video may provide evidence that the shotgun was, in fact a replica, in which case you aren't guilty of the...
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2 Answers | Asked in Criminal Law for California on
Q: My restitution I owed was put on hold during a bankruptcy I did and never started back up again. Should I do anything

The restitution was not included in BK. The state of California garnished my wages to collect but they had to stop collection when I filed for BK. It has been around two years since BK was discharged and the state has not resumed trying to get payment. Should I just wait for them to contact me or... View More

John Karas
John Karas
answered on Apr 27, 2021

Ask the attorneys who represented you re: the embezzlement charge and who assisted you with your BK. The restitution order may not be dischargable in BK and if it wasn't listed in the BK petition, you still owe the restitution amount.

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