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Questions Answered by Christopher Walsh
3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
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Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Can you be arrested for probation violation, when you've been off probation for 2 yrs
Christopher Walsh
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Christopher Walsh
answered on Jan 10, 2023

The short answer is no. However, you should be careful. If you had any violations in the past, it is likely that the court may have extended your probation term. Also, if you have more than one case there can be overlapping terms. Often times someone will be on "informal probation" still... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: If my adult son has failure to appear warrant for vandalism/trespass & is living at home with us, can we be arrested?

My 23 yr old son was arrested in Santa Barbara for vandalism/trespass & was in jail for 3 days & released. He has an untreated & un-diagnosed mental serious illness & drug problem which he has refused to receive help. He is currently living in our home. If he continues to refuse... Read more »

Christopher Walsh
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Christopher Walsh
answered on Jan 5, 2023

It's not likely that you would face any type of criminal responsibility for your son living in your home (under most circumstances) based on what you have described. There are two potential crimes that I'll discuss.

First, aiding and abetting a crime. In order to prove the crime...
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2 Answers | Asked in Identity Theft, Criminal Law and Domestic Violence for California on
Q: how do I, safely, get protection from a girlfriend who fraudulently made her my DPOA and has repeatedly forged my sig

This girlfriend sent the fraudulent DPOA document to my employer and interfered with my employment very badly. The day I learned I had lost my job due to my employer needed more information and repeatedly called the girlfriend who grunted in response and hung up. She has done a lot aof damage and... Read more »

Christopher Walsh
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Christopher Walsh
answered on Jan 3, 2023

If your girlfriend forged your signature and created fraudulent documents that caused you injury, then crimes have been committed (identity theft, forgery). The whole issue will be proof. It will be important to gather any documents or evidence that you have to show what took place. There are a... Read more »

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