To address the alleged police misconduct, several legal actions are available. A civil rights claim under 42 U.S.C. § 1983 can be pursued against the Gardena Police Department for excessive force, violating your brother’s Fourth Amendment rights, provided the officers’ actions were objectively... View More

First, you can investigate the hospital’s failure to notify you, as California law requires hospitals to make reasonable efforts to contact family members within 24 hours if a patient is incapacitated. If this obligation was not met, you may request documentation of their efforts, which must be... View More

At the hearing, the court will assess whether you can remain released on your own recognizance by reviewing your compliance with probation (level 3 supervision), employment as a care provider (64 hours/month), past court appearances, and public safety risks. Your felony PC 666.1(a)(2)(a) charge, a... View More

In California, pursuant to Penal Code Section 1000.4, upon successful completion of a pretrial diversion program, your arrest is deemed to have never occurred. You may request the court to issue an order to seal the records related to your arrest, as outlined in Penal Code Section 851.92. Once... View More

Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More

Under California Penal Code § 844, officers executing an arrest warrant must comply with “knock-notice” requirements, which include announcing their presence, identifying themselves as police, and stating their purpose before entering a home. These requirements protect privacy, prevent... View More

You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More

To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More

First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More

To effectively challenge the inaccuracies in the police report and strengthen your defense against charges under Penal Code Section 532a, which pertains to false financial statements, you should consider the following steps. First, collaborate closely with your public defender or a private attorney... View More

To pursue a lawsuit against the Riverside County Sheriff's Department, you must first identify actionable claims. For harassment, you may have grounds for a civil rights claim under 42 U.S.C. Section 1983, alleging violations of your constitutional rights, such as the Fourth Amendment’s... View More

To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More

In California, a Marsden motion allows you to request the replacement of your court-appointed counsel if you can demonstrate inadequate representation or an irreconcilable conflict that undermines effective representation (People v. Armijo, 10 Cal. App. 5th 1171; People v. Johnson, 6 Cal. 5th 541).... View More

Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More

Under California law, specifically Penal Code Section 29800, a felon in possession of a firearm charge can be supported by the concept of constructive possession. This means the prosecution does not need to prove you physically held the firearm but rather that you had knowledge of its presence and... View More

Your first step should be to contact the court where the charges were filed to confirm the warrant’s status and request a voluntary appearance. This proactive approach can demonstrate good faith and may prevent an unexpected arrest, especially given that you never received official notice of the... View More

In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More

In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More

First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More

In California, the absence of a victim’s body does not automatically result in an acquittal. The corpus delicti, which comprises the death of the alleged victim and a criminal agency as the cause, can be proven through circumstantial or inferential evidence, without requiring the physical... View More