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Questions Answered by John Karas
2 Answers | Asked in Criminal Law for California on
Q: If you sever a codefendant is the evidence from their case admissible?

Co defendant had their own case, can the DA use evidence found against someone else?

John Karas
John Karas
answered on Feb 8, 2021

Short answer is yes.

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3 Answers | Asked in Criminal Law for California on
Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

John Karas
John Karas
answered on Feb 5, 2021

If you are charged with a felony, you absolutely will be taken into custody. If a misdemeanor, it depends on the nature of the offense (some yes, some no). If it is only a traffic ticket, most likely not. You're best course of action is to hire an attorney to handle it for you.... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Gave 30day notice and my landlord wants to show my place. He wants me to leave while showing. Can I say no?

He wants me to make my place "nice and presentable" for showing. And trying to open windows and touch my closet. Forcing me to clean up while I have lots of boxing piled up for moving. I am very scared stranger comes in and touching my stuff. Does he have right to do what he wants?

John Karas
John Karas
answered on Feb 3, 2021

A landlord has the right to enter the premises to show the apt/house or whatever it is you had been renting as long as he gives you written notice 24 hours in advance.

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4 Answers | Asked in Criminal Law for California on
Q: If I had a criminal offense declared a misdemeanor can answer I no to "have you ever been convicted of a felony" ?
John Karas
John Karas
answered on Feb 3, 2021

If you had a felony conviction reduced to a misdemeanor (which is the way I'm interpreting your question), it depends on what type of question is being asked. For example, if you want to buy a gun a prior felony conviction will preclude you from doing so. The same holds true for most... View More

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More

John Karas
John Karas
answered on Feb 3, 2021

You did receive sentencing terms for a 1st DUI. A guilty plea to "wet reckless" (which counts as a prior DUI for enhancement purposes) would NOT include AB541, the requirement to wear a SCRAM ankle bracelet nor the interlock ignition device and the fine is significantly less than $1,900.... View More

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3 Answers | Asked in Criminal Law for California on
Q: Can border patrol single you and/or your vehicle out? As in move you to the front of the line to be harassed?
John Karas
John Karas
answered on Jan 29, 2021

If the Border Patrol agent had reasonable suspicion that you were involved in human trafficking (illegal aliens) or transporting other contraband (drugs), he has the right to investigate if a crime is being committed.

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2 Answers | Asked in Criminal Law for California on
Q: I do have a background mostly drug charges 47 now. Getting ammunition charge how much time could I face

I had just bought the car the bullets were inside the trunk I had been being harrassed by one cop thruout all of 2020 and he seen me pumping gas at a station and rolled up on me even though at the time I was not driving he still impounded my car and took me in. Over a 3 month period I think he... View More

John Karas
John Karas
answered on Jan 22, 2021

Ordinarily. a LEO (Law Enforcement Officer) does not have the right to search the trunk of your car without your consent OR you have a conviction that you agreed to warrantless searches under the terms of probation (drug related misdemeanors commonly do) or parole (if you were previously convicted... View More

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2 Answers | Asked in Criminal Law for California on
Q: Daughter arrested for driving a stolen car. She signed papers, bailed, forgot to check in.she left state.details below:

I live in California. I have recently reunited with my daughter who is now 17. She ran away from the foster home she grew up in when she turned 17 and has been couch surfing in with some shady characters down in Texas. Ive been trying to get her to move here for a while.. anyways she was arrested... View More

John Karas
John Karas
answered on Dec 21, 2020

Every state is different but some things are universal. 50K bail suggest your daughter was arrested for more than merely driving a stolen car. In California, that offense is typically charged as "joyriding" and the bail amount is only 5K as it's a misdemeanor. On the other hand,... View More

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5 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hi ,I'm looking for a police brutality cases in california that won . how do i find them ?

My son was severely beaten by sheriffs ,one cop broke his leg and the others broke,fractured their fist and wrist beating my sons head in causing 5 large lacerations to his scalp and face . Now he's being charged with 148's and 69's pc (about 10 each) and I'm looking for... View More

John Karas
John Karas
answered on Dec 10, 2020

You are not going to find any. Reported cases by Appellate Courts mainly deal with procedural or evidentiary issues supporting a conviction at trial which are rarely reversed and even when they were 9reversed), the case was remanded back to the trial court for re-trial.

PC 69 is a...
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2 Answers | Asked in Criminal Law for California on
Q: Pc245(a)(2)[01] (Pc12022.5(a)[03]) (Pc12022.7(e)[01]) PC245(a)(4)[01]

Please give me a description of these above charges.Any of them Enhàncement charges?

John Karas
John Karas
answered on Dec 9, 2020

Yes. Both of the middle charges (PC12022.5(a) and PC12022.7(e)) are enhancements which add additional jail/prison time for the commission of a felony with a firearm and GBI (Great Bodily Injury) involved.

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3 Answers | Asked in Criminal Law for California on
Q: Hi , I got a misdemeanor citation penal code 308 (a) for selling minor tobacco what are the possible penaltie ?
John Karas
John Karas
answered on Nov 27, 2020

Here's a link to the statute you are charged with so you can see for yourself.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=308.&lawCode=PEN

Google can be your friend.

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2 Answers | Asked in Criminal Law for California on
Q: My private lawyer received my discovery on my case . I ask for the copy . He said he can’t he has to blank out the names

Of the officers . Which is strange cus I have the officers names in my property sheet and isn’t my right to know who arrested me

John Karas
John Karas
answered on Nov 6, 2020

Pursuant to California Penal Code section 1054.2 (hyperlink below), a criminal defense attorney cannot reveal the name, address, telephone number of a victim or witness(es) to a crime to the client. Otherwise, the attorney can potentially be charged with a misdemeanor for revealing that... View More

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3 Answers | Asked in Insurance Bad Faith for California on
Q: Can I get my deductible back after a car accident, and my kids' car seats replaced?

I was involved in a minor car collision (5-10 mph) approx. 2 months ago. Progressive found me not at fault for the accident, and Geico also said their driver was not at fault. I already had to pay a $1,000 deductible to get my car fixed, but since it is now a word vs. word situation are there... View More

John Karas
John Karas
answered on Sep 25, 2020

I hate to sound like a certain attorney on Justia who responds to all questions with "more info needed" but in this instance more info is needed. Were police summoned and a report prepared or did you and the other driver merely exchange insurance information and leave the scene of the... View More

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2 Answers | Asked in Wrongful Death for California on
Q: My grandpa had a successful foot operation and the day he was to be released from hospital we get a call saying he died

The nurse said the found him with no pulse and not breathing, they did not know how long he had been like that and that they were able to shock him back to life but fractured both sides of his ribs and chest and also he has no signs of any brain activity

John Karas
John Karas
answered on Sep 25, 2020

I generally agree with Mr. Light's response. If, as you said, your grandfather had foot surgery and he much later (1-2 days later) went into cardiac arrest due to post-surgery complications, some attorney's have sufficient medical knowledge to make an assessment (without expensive... View More

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4 Answers | Asked in Criminal Law for California on
Q: In California, Expunging arrest if the DA did not file charges to avoid showing up in a background check?

In California, What information if any will appear in an employer background check regarding an occurrence of an arrest where the DA dismissed the case and did not file official charges? Will the arrest still appear and is it possible for the arrest to get expunged?

John Karas
John Karas
answered on Sep 12, 2020

Ms. Hixon is correct.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Withdrawing my plea deal with the cruise waiver

I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like... View More

John Karas
John Karas
answered on Sep 10, 2020

Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.

"Buyer's remorse" or believing your conviction was unfair due to the...
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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: I am looking at 19 years for a crime I did not commit, I have proof, there is proof and witness that I am not there

I am unable to afford attoney, I exhuasted all$ need pro bono

John Karas
John Karas
answered on Sep 1, 2020

Ask the court to appoint a Public Defender.

1 Answer | Asked in Criminal Law for California on
Q: Question; in regards to my son who is incarcerated presently.. can he request a different public defender?

He has been incarcerated since 7/06/20. He hasn't understood what exactly he is being charged with at this time. There are several charges. He is not understanding his public defender. He feels he has agreed to a bargain he really doesn't comprehend. Can he change his mind and not accept... View More

John Karas
John Karas
answered on Aug 10, 2020

Addressing the last part of your question, yes, your son can change his mind regarding changing his plea to guilty in exchange for mutually agreed upon sentence to be imposed especially if he doesn't understand what's happening. Is it a language issue? If so, an interpreter would be... View More

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I'm looking for a case where importing meth from Mexico was dropped to a simple possession
John Karas
John Karas
answered on Aug 8, 2020

Go to your county law library and do legal research.

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2 Answers | Asked in Criminal Law for California on
Q: I’m being charged with grand larceny for taking my bosses money bag it only had 1029$ in not 17,000$ like he

Saying should I go to trial and try to prove that there was not that amount in the bag or plea

John Karas
John Karas
answered on Aug 7, 2020

First, you should not be posting facts about your case. LEO's (Law Enforcement Officers) and even DA's (District Attorney's or their staff) make it a practice to check attorney directory messages boards for messages like yours. Your statement's could be construed as admissions... View More

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