All of their sentences included jail time, however my friend recently became aware that he is the only one who was ordered to pay restitution, which he has done consistently each month since his release. Is there a method by which he could appeal to the judge/court for a reduction or perhaps... Read more »
When co-defendants are convicted of a crime, restitution to a victim is ordered on a 'joint and several liability' theory; that each defendant is responsible for the total amount due- to be collected from whomever has the ability to pay. He could sue his co-d's to pay their share, but the courts...Read more »
Called the cops on my husband because he chocked me, he got arrested. I was never notified of any court dates, the bail that was set, the day he was released, and the disposition of the case. no one ever called me to get more details about the case. He pled no lo contendere. He’s on probation for... Read more »
A no-contact order can be modified upon a victim's request. You want to contact his probation officer with that request. If a criminal protective order has been filed, a request will need to be made to the court. The probation officer should be able to assist you with that.
Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).
There is an exception, in subsection (d) If the firearm is used to shoot from a...Read more »
Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!
New law allows convicted to petition courts for resentence; his petition was accepted; and a court date has been set. How do I get him representation; for his benefit; rather than a Public Defender assigned?
You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in...Read more »
My son was cited intent to sell 3 thc cartridges. DA office rejected the case. I contacted the detective to get my sons phone back, and he informed me that my sons case is being referred to probation and he isn't able to give me back the phone. The only paperwork I received was from the DA office... Read more »
A lawyer can appear for a defendant charged with a misdemeanor, and he never needs to go to court. Such an insignificant charge as this is frequently handled through a diversion type program, such as Western Corrections, where written course materials are completed to the DA's satisfaction and...Read more »
You don't say who arrested you but under federal law, cannabis is still entirely illegal (apart from hemp). Under California cannabis law - MAUCRSA (Marijuana and Adult Use Cannabis Regulation and Safety Act) people can only work in the business under the state's licensing scheme, as an...Read more »
Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful...Read more »
I had a business in California, one of the partners took money from a vender. I was living outside the US 3 years before the crime and never moved back to the US. 6 years has gone by. Does statute of limitations toll for defendants always living out of the US?
The Statute of Limitations regarding a crime refers to the time limit on the State to file a complaint after commission of an offense, and is not tolled or affected by the defendant's absence from the state, or country.
I was arrested for possession of a stolen vehicle this vehicle was mine pink ok no hand guy had bill of sale watch some other guy's name on it. In the warrant to arrest me they put my wife's car plate. Not my truck, and if they did a vin check on both vehicles they would come back owed by me and my... Read more »
Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within...Read more »
She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their... Read more »
A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.