NO, or risk contempt of court, and/or removal.

Without specific, articulable facts that create a reasonable suspicion that you are armed and/or dangerous, it is a violation of your 4th Amendment Right to be free from an unreasonable

search and seizure, to even be subject to a pat-down search. The facts as you present them don't... View 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... View More

If the prosecution doesn't have a victim in court at the time of trial (and no transcript of her testimony at a Preliminary Hearing), they will be unable to proceed, as the Constitutional right to confront and cross examine your accuser would be violated otherwise.

The DA could... View More

No. Since lawyers are prohibited by the rules of professional conduct from filing frivolous motions, if they can't see that the law or facts support the motion you're asking to be filed, they won't file it, and can't be compelled to. However, if you think there is a basis, be... View More

Yes. 'Lennie' could be considered legally incapable of committing a crime because of mental incapacity if at the time the crime was committed he had a mental disease or defect AND because of that disease or defect was incapable of knowing or understanding that his act was morally or... View More

If you had a stinger whip in your vehicle as a car emergency tool (with seat belt cutter and a window breaker) odds are it would not be considered a weapon. If, however, you have it concealed on your person and tell a cop it's for protection- it could result in charges for possession of a... View More

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... View More

Yes. The crime is Ex- Felon in Possession of a Firearm , Penal Code section 29800 (a), in California. The crime was committed in Utah, however, so it would be up to the county where the crime was committed to prosecute. The Statute of Limitations, within which a crime can be charged, is 3 years... View More

If the juror lied about , or failed to disclose his correctional officer background in response to direct questioning, there may be grounds for a new trial, which must be pursued immediately (within 20 days of verdict). Discuss this with trial counsel.

If Counsel knew his occupation and... View More

If he didn't have knowledge that the gun was in the car (because it was hidden, eg. ), you should be able to save him from a criminal conviction (maybe not a parole violation based on access). Talk to his lawyer, and be ready with the facts, about when and where you acquired the gun, and when... View More

He can request a Marsden Hearing where the judge will talk to him and find out if there has been a breakdown in the attorney- client relationship such that he no longer has trust in the lawyer's abilities to defend him. If the court agrees, new counsel would be appointed. He needs to be... View More

If he was my client I would advise him to get into treatment with a mental health professional as soon as possible. And get a good lawyer, who knows how to explain the difference between illness and criminal conduct.

I think the DA might have a problem proving who possessed it, which is defined as having access AND a right to control. Does either person have a prior conviction or history involving that drug? Would a review of recorded phone calls, into and out of the facility shed any light?

If the... View More

Prison prior- 667.5(b) enhancements are now gone- but not 667a enhancements. If he successfully participated as a hand crew member at fire camp, once he's been released from custody, he can apply for relief from the convictions that sent him there, and parole, under the new 1203.4b P.C.

If you are not a felon, or otherwise prohibited person, and the magazine is not 'extended' to carry more than 10 rounds, you should be fine. Definitely have an attorney present before any questioning with law enforcement. That is your constitutional right under the 5th and 6th Amendments... View More

12022.53 P.C. subdivision (a)(18) includes the attempted crimes in the list of offenses to which a 20 year enhancement applies if you personally discharged a firearm. Attempted murder (187/664) is on the list, without any gang involvement.

Probably not. The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.

M-30 are synthetic oxycodone, illegally made and frequently containing fentanyl. Conspiracy to distribute fentanyl can get you 20 years max in a federal prison, not-to-mention forfeiture of money and property.

As long as you don't aid, abet, facilitate, or encourage criminal conduct you commit no crime by your investigative reporting, and the 1st Amendment (freedom of the press) offers some protection against being forced to reveal information or confidential sources in writing stories that deal... View More