Your question should be directed to an attorney in Louisiana, not California. The La law you asked about is reprinted here. Be sure to check with an attorney from that state because their statutes of limitations (the time frame within which a charge must be filed) are quite a bit different than...Read more »
so he was screaming all night for 3 nights, wife called the cops and they went to check and told us it was goats,, next day he asked other neighbors who is (wifes name) cuz sherrifs told him that she called the sherrifs on him,, i know he was a cop and got fired for a shooting and drinks all day so... Read more »
Yes. Unless information is given to police on a confidential basis, like an informant, or involves victims of sexual assault, or child abuse, the identity of a person reporting a crime is not confidential. If there are any repercussions from the call, a restraining order may be needed.
A few months back while my boyfriend and i were arguing i had injured myself and blamed him. Hwme then was charged with corporal injury on spouse. I wrote a brief letter and gave it to his bailbond agent (after being notorized) the charges still have yet to be dropped. How do i go about... Read more »
You may want to contact his lawyer so a proper statement can be made to the private investigator working on his behalf. The lawyer will know the best way to handle it in your jurisdiction. It is very difficult to take back statements made to police. The prosecution calls expert witnesses to...Read more »
Penal Code section 29805 lists the misdemeanors that result in a 10 year ban on firearms, and 550 (b)(2) isn't one of them. It appears that either you were in fact convicted of the felony, or a clerk has checked the wrong box, indicating you were. Contact your lawyer to get that straightened...Read more »
After AB 109 realignment, Post Release Community Supervision (PRCS) was created ( 3450-3465 P.C.) for most (except the most serious) felonies. The supervision is no longer than 3 years; you're eligible for discharge after 6 months and eligible to end supervision after 12 months, without...Read more »
While conducting a traffic enforcement stop - the officer asks vehicle operator to roll down tinted windows (example: 0 percent tint). If that reveals contraband is that in plain view? - or does the action of rolling down windows alter?
A Law Enforcement Officer (LEO) can legally have you roll down the window during a traffic stop. What they see, smell, hear, or suspect can provide the reasonable suspicion or probable cause to detain, or arrest, such as when they see something illegal
Hi, I have a court hearing on October 5th, for a possible probation violation. I was staying at this transitional living house ran by the department of mental health and I had a disagreement with one of the staff members there. I needed my psych meds at a certain time, and she refused to give them... Read more »
She was wrong, and you were angry. You'd think working in the mental health field would give her skills to handle the situation better. Criminal threats, Penal Code section 422, requires a threat to commit a crime that would result in great bodily injury or death, that is so unequivocal,...Read more »
Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... Read more »
If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time...Read more »
Penal Code section 1170 (d)(1) provides for resentencing within 120 days of initial sentencing or at any time upon the recommendation of the Board of Prison Terms. In the petition, The court may consider 'postconviction factors, including, but not limited to, the inmate’s disciplinary...Read more »
The change in the law (667, 1385 P.C.) brought about by SB1393 doesn't eliminate the 5 year enhancement, it just gives the court discretion to strike it, or not impose it. The only way it results in an appeal issue is if the judge didn't know he/she had discretion, and says something on...Read more »
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?
Penal Code section 851.91(a): " A person who has suffered an arrest that did not result in a conviction may petition the court to have his arrest and related records sealed, as described in Section 851.92".
There are conditions set forth in those sections that have to be met,...Read more »
My girlfriend just got arrested this Tuesday on the 25th and they are trying to give her 20 years. She has never been arrested used to work with law enforcement. She was on her way yo work and they issued a warrant for her and they have 4 charges on her
The amount of time depends on the felonies involved. 182.5 punishes someone who is actively participating in a criminal street gang and promoting, assisting or benefitting from a felony committed by the gang. The charge is conspiracy to commit that felony, which is punishable in the same...Read more »
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 »
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