The PD raided my house and took my safe with narcotics in it but have yet to file charges on the contents of that safe. Then about a month later I got pulled over by a different police agency and was found with narcotics, after they cut into a locked bag without my consent and charged me with sales... Read more »
The district attorney for your county files cases arising from all cities within the county. So, if it was different police agencies within the same county, the charges will come together in one complaint either from the beginning or separately, and then consolidated later. If different counties...Read more »
Most likely the new charge will also include an out-on-bail an enhancement (12022.1 P.C.) which adds 2 years to the sentence, and depending on your judge, could result in get enhanced bail or incarceration when you appear on the new charge.
He has done nothing to help me at all. He hasn't contacted any witnesses and he barely remembers anything from the last time we spoke. He just stands around laughing and chatting with the DA and tries to convince me to take a deal. He hasnt returnes my emails and i feel like he hasnt tried to... Read more »
You could ask the court for a Marsden hearing, where you have the opportunity to explain the breakdown in the attorney client relationship (because of his refusal to investigate/subpoena witnesses) such that you have no trust in the lawyer's ability to defend you, and request appointment of a...Read more »
I have to pay a fine of $250. But I don’t have to appear in court. The violation code is 41.27(c) LAMC (Los Angeles Municipal Code). I have to pass a background check for the jobs that I’m applying. Will this show up as an infraction on my live scan/ background check?
It sounds like a city code violation you are describing, which most certainly is an infraction if it doesn't require your appearance in court, and the maximum punishment is a fine; As opposed to the crime of being drunk in public (647(f) P.C., which is a misdemeanor (or reduced to an...Read more »
The 3 strikes law- Penal Code section 1170.12- applies to felony convictions, not misdemeanors. A Romero Motion, that asks the court to strike a prior conviction, only applies to the sentencing at hand and doesn't get rid of the strike permanently.
You can make a complaint with the California State Bar- the agency that licenses, and disciplines lawyers, and can suspend or revoke their law license. You can also contact a Tort/ Personal Injury cases to see about suing in civil court- There is no cost to you, unless they win ( a contingency...Read more »
A little over 3 years ago I had an incident with a driver where I made a maneuver that could hypothetically be considered reckless driving, a misdemeanor, which was recorded on my dashcam. I want to publish the video on Youtube for the first time, showing people what NOT to do. The video has never... Read more »
I got in trouble last year and been fighting it ever since, the only offer I have been given is 290 days the problem is, my fiance is mentally ill and needs me to care for her. I am all she has and I am very worried what will happen to her if I go to jail. She has no family or anything. Is there... Read more »
Most county jails have alternative custody programs that offer work program or home electronic confinement as an alternative to incarceration, with exception for certain offenses. Check with your lawyer, or your county jail (website) for specifics about their program. You may not need an agreement...Read more »
Hopefully they took him to juvenile hall (not jail) and will be handling the matter in juvenile court. It sounds like self defense, which a lawyer will investigate/pursue. Your son (or you) can help by identifying any potential witnesses and video cameras in the area that can be obtained by his...Read more »
A robbery is considered a violent felony under 667.5 (c) P.C. and limits the worktime credits he can earn to 15%- meaning he must do 85% of the sentence- (per 2933.1) or about 3 years, after subtracting the time he had in by sentencing.
Generally speaking, a cop must have reasonable suspicion that a driver has committed a traffic offense in order to lawfully pull over a vehicle, because it involves the detention of the occupants and the 4th Amendment right to be free from unreasonable searches and seizures. Beyond the stop...Read more »
my bf is on parole, he was pulled over by CHP for DUI (1st time) he failed breathalyzer test and fled before he could be handcuffed. He turned himself in after he was able to speak with his employer. He's been on parole hold since 3/3/2020 and no charges or bail is on the system. County states... Read more »
Since parole conditions can be violated without criminal charges being filed, parole holds are typically not lifted until resolved and can't be bailed on. What the DA files can affect the parole violation, and whether it's resolved for a concurrent sentence in county jail, or a return to custody.
The Statute of Limitations is a bar to prosecution regardless of the 'proof' of the crime. The Statute varies with the crime involved, so you want to do the research to determine what the SOL is, and keep in mind that the DA could allege a crime that fits within it.
Penal Code section 1405 authorizes the filing of a Motion for post-conviction testing of DNA evidence for defendants (serving a prison sentence) who did not have that technology available at the time of trial and where identity was a significant issue that resulted in the conviction....Read more »
My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They... Read more »
Hire a criminal defense attorney or provide all this information to his appointed counsel asap. Criminal proceedings are suspended for those who are not competent to stand trial, while they receive treatment, as a defendant must be able to assist counsel in the presentation of his defense. There...Read more »
Most judges will not permit a change of lawyers on , or too close to the trial date. You can hire privately at any time, however it would almost always require a continuance so that the new lawyer can prepare the defense.
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.