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Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... View More
answered on Apr 22, 2021
In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.
From what you've described, you have several... View More
Thus Person asked me to borrow Money and told me when She gets back to work She'll pay me, So b4the year was over I Asked Her When was She going to Pay me back, She told me there was Nothing in writing like a contract, There for She wasn't going to pay me back.
I have All the... View More
answered on Apr 16, 2021
Your situation is a CIVIL matter, not criminal in nature.
You're going to have a tough time getting any of your money back without a contract or something else in writing that shows it was a loan and not a gift. Breach of an oral contract has a 2 year statute of limitations in... View More
No further details
answered on Apr 6, 2021
You are undoubtedly represented by counsel (Federal Defender) who knows the facts of your case, your prior criminal history, etc., which is the basis of the offer (plus there are Federal Sentencing Guidelines for different types of cases in Federal court). He (or she) is in the best position to... View More
On my STATEMENT OF DEFENDANT ENTERING A GUILTY PLEA that I signed one of the requirements on this document says that I must complete a substance abuse class. I remember the judge calling it an assessment instead of a class. There is a significant difference between the two. If I complete a... View More
answered on Apr 4, 2021
Unless you pled guilty straight up to the court (unrepresented by a Public Defender or private counsel), I suggest you talk with your attorney who assisted in the guilty plea entered. You can also contact the Court Clerk for the Criminal Division for the court (there are many courthouses in LA... View More
answered on Mar 28, 2021
While I agree with Mr. Lehr's answer, be aware that attorneys on the criminal defense conflict panel, assuming the court appoints new counsel after the Marsden hearing, are paid a very small, lump sum, whether for court appearances or trial, which creates a financial disincentive to do... View More
Can i join another person lawsuit for financial compensation?
answered on Mar 26, 2021
Your question has absolutely nothing to do with criminal law. If you want to sue someone, that's a CIVIL matter.
Just because someone else is suing someone, doesn't mean you can join their lawsuit (or file an independent action against that defendant). to "get on the gravy... View More
Should I just call in? I just found it.
answered on Mar 26, 2021
Mr. Winkler provided a fine answer with respect to what I refer as "unintended" or "collateral' consequences involving reporting family members to CPS or other agencies involved in family law matters. I'm going to approach it from a criminal law standpoint.
You... View More
answered on Mar 19, 2021
Your PO can ask for them but that doesn't mean you have to turn them over. Your wife has a right to privacy in her medical records and also HIPAA and the CMIA (Confidentiality of Medical Information Act) protects such records from disclosure.
It's my arrangement
answered on Mar 19, 2021
It's called an "Arraignment".
If, as I suspect, you are already in jail you will remain in custody on the "Absconding" charge alone which carries a sentence 1 year in state prison. You will likely get additional jail time for being in violation of the terms of your... View More
P.o. violated me because he said he thinks I've been drinking
answered on Mar 15, 2021
It depends on the terms and conditions of your probation and/or parole. Your P.O.'s subjective belief without other corroborating evidence probably wouldn't hold up in court. Talk with your attorney who represented you in connection with your case/sentencing or hire a lawyer in your... View More
answered on Mar 15, 2021
See my earlier response. You can indeed fight the alleged probation and/or parole violation.
First offense , no violent record , charges are “corporal spousal abuse”? and kidnap??! Reason for these charges was because i had taken the keys from my fiancé who was at the time , under the influence trying to leave at 3am in her vehicle I was just worried about her safety , she tried... View More
answered on Mar 13, 2021
I suggest you consult with and hire an experienced, reputable attorney in your area who handles domestic violence cases. By the nature of the injuries described, it may be filed as a felony. You have several potential defenses.
Good luck.
Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges
answered on Mar 4, 2021
There is nothing your friend can do to reduce the charges. Hiring a highly skilled, criminal defense lawyer with experience handling resisting arrest cases, which is the most serious of the offenses charged, is the best thing he can do.
PC 69 is a "wobbler" meaning it can be... View More
answered on Feb 26, 2021
What is your question? If you are asking if that was legal or illegal, it depend on whether you were on probation or parole for a conviction and you agreed to, among other terms and conditions, to provide a DNA sample. I suggest you consult with the attorney who represented you on that subject.... View More
Or is the bailbonds dropped
answered on Feb 25, 2021
You still owe the bail bondsman for posting bail on your behalf because uou entered into a biding contract with him (or he) independent of the charges being "dropped" (never filed or dismissed).
Misdemeanor automatically since he didn’t have a permit to drive even? He was driving a small 2 seat dune buggy if it makes a difference.
answered on Feb 24, 2021
VC 12500 is a "wobbler" meaning it can be charged as a misdemeanor or as an infraction. In most instances, the charge is reduced to an infraction with a fine (no probation) or even dismissed in the "interests of justice" if you hire an attorney.
The key question is no... View More
CDCR LWOP inmate needs court appointed attorney for help in filing a writ of habeas corpus.
answered on Feb 23, 2021
I suggest you review the court website or clerk's office for the county where the prisoner is held to obtain the form you are seeking or do a Goggle search for it yourself.
answered on Feb 20, 2021
I don't know what you meaning by "grooming" but it would not be a good idea. If you were to engage in any sexual activity (not merely intercourse but "petting", oral, sending each other pic's of yourselves nude, etc.) you could be charged with lewd acts with a minor,... View More
I told the police it was mine but they still trying to charge him
answered on Feb 14, 2021
The DA's Office files the criminal complaint. If, as I suspect, your husband was convicted of a non-violent felony to be in the MCRP, it's unlawful for a him to be in possession of a firearm which is a separate felony charge.
By telling the police that gun was yours, you also... View More
Jail time or probation? This new case happened a year and a half ago
answered on Feb 10, 2021
It depends on the probation you received for the 1st conviction and what you are currently charged with allegedly intending to sell . If heroin, meth or coke, you're going to do significant jail time. https://johnkaraslaw.com/practice-areas/drug-crimes/
Instead of going the Public... View More
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