Oh yes... the old 'license plate light' stop...leading to dog searches and the violation of your 4th Amendment right to be free from unreasonable search and seizure! Any traffic violation is justification for a vehicle stop. From there, however, is some good law in challenging these...Read more »
10-day flash incarceration is typically a condition of probation, where minor violations can be handled without the filing of a formal petition in court. This does not mean criminal charges can't still be filed for the new charges, which could still result in jail time.
I was charged with two counts of felony commercial burglary and one count a position is stolen property. The DA offered 1 felony commercial burglary charge for 1 year probation, no jail, fine, restitution. During negotiations the DA then offered to make the Felony a misdemeanor with 1 year court... Read more »
Burglary, even as a misdemeanor, can be considered a crime of moral turpitude, so I would opt for the two trespass charges if given the option, even though the fines would be double. Crimes of moral turpitude can be used for impeachment, and can affect immigration and licensing for certain...Read more »
got pulled over, basic traffic stop he said loud music. I Lost my DL but I was valid and since I couldn't find my wallet. they forced me out pat me down. had nothing on me. proceeded to search my vehicle with no consent. I had a large amount of cash. 35k neatly bank banded. I play high stakes... Read more »
On the facts as presented, the search and seizure appears to be an unreasonable violation of your 4th Amendment rights. The vehicle can be stopped (and you detained) for reasonable suspicion of a traffic violation, but the lack of a driver's license does not justify a search of the entire...Read more »
For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »
The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case...Read more »
Example: In the wee hours of the morning, I awaken in my house to a sound coming from my detached garage. While my wife and children are all still sleeping in the house, a retrieve my (legally purchased and voluntarily registered) firearm from its secured location, exit my house and enter my... Read more »
No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.
Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands...Read more »
Even after seeing the security footage of me being assaulted with a 3ft pry bar. (My neighbor tried to hit me (3 times) while on the top of a ladder.) She wasn't taken to jail. Nor was I given a temporary restraining order. Even though I asked for one. This person has been harassing, stalking,... Read more »
You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do...Read more »
Every Deputy Public Defender has a boss- The Public Defender of the county in which he’s being prosecuted. Your boyfriend is the client however, and the lawyer is not required to talk to family or friends. Your boyfriend should put his requests or complaints in writing to the lawyer and/or his...Read more »
If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20,...Read more »
After a social gathering at her house my mom discovered that her wallet from her purse was missing from her bedroom. She called the 16 people who were there and asked them if they had seen anyone go into her bedroom during the party. 3 of the guests told her they had seen a certain person go into... Read more »
Providing 3 witnesses who saw Mr X go into the room and the fact that the wallet is missing is probably enough to report the crime and the suspect. If any cards were taken, or other property there may be more evidence for police to find. You probably have enough to sue in small claims court as well.
My home was raided without a warrant and there were no drugs on the property. I was making wedding cake for a friend and had icing in baggies and now they are charging me with sales of a controlled . What do I do?
While it may seem wrong, the law permits Judges to issue orders (like no contact or stay away orders) and assume guilt for purposes of setting bail, for example, all prior to a trial on the cause. You still have all your Due Process rights: a jury trial, where you can see, hear and cross examine...Read more »
Sure!! 3 years full time. Take a review course, and study for the LSAT and Bar exam. If you have the passion, energy, and drive to fight for the rights of the accused; a desire to read, research and enforce the Constitution; and can see value in the opportunity to win a deserving client's...Read more »
Marsy's Law is a victim's Bill of Rights. It amended the California Constitution - Article 1 section 28(b) to give enhanced rights to victims for restitution, notice of court hearings, the right to be heard, access to presentence reports if requested and other considerations set forth...Read more »
In a Claim Opposing Forfeiture (Judicial Council Form MC-200), the claimed property (if cash) is written as $xx,xxx U.S. Currency. The People are the Plaintiff; You are the Real Party in Interest. Most jurisdictions require a Civil Case Cover Sheet. File the claim in Superior Court within 30 days...Read more »
Contact his defense attorney and give your letter to her or him, or contact a lawyer to advise you. They will know what to do with it. They might advise you of CCP section 1219 and the rights you have NOT to be held in contempt for refusing to testify. They might inform you that if you do not...Read more »
The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.
I am not on probation or parole and I have my 4th amendment rights. I was... Read more »
She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in... Read more »
You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal...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.