Attempted murder that happened at the same time
answered on Sep 21, 2020
If the current offense is 'a felony involving a firearm'...an adw on an inmate.. or any felony
where a firearm was personally used.. the answer is "Yes". Penal Code sections :1170.12, 667.5 , and 1192.7(c).
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... View More 
answered on Sep 21, 2020
If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn.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... View More
Not sure what to do we have to talk to him do we have to open door?
answered on Sep 20, 2020
No. You do not have to open the door to police, or their representatives, without a warrant.
My husband was sentenced for a 212.5 no weapons no victim he was sentenced to 25 to life with the possibility of parole. He has now served 25 years in prison and I want to see if we can resent him
answered on Sep 18, 2020
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... View More
answered on Sep 15, 2020
Penal Code section 4573, a felony, punishes bringing (or assisting in bringing) controlled substances into a prison, jail or camp. The punishment is 2, 3, or 4 years in the county jail
(under 1170(h)), assuming no prior strike convictions.
If someone else brought it in, and the... View More
Can a judge impose the five year enhancement for prior serious conviction after the new law was passed in 2019 for SB 1393 my friend was arrested on april 22 ,2019 and law passes on jan.1,2019
answered on Sep 14, 2020
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... View 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?
answered on Sep 11, 2020
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,... View More
Not on parole or probation not a gang member
answered on Sep 3, 2020
Depends on whether they charged it as a simple possession or possession for sale or transportation (for sale). Simple possession is a misdemeanor and not likely to warrant extradition.
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
answered on Aug 28, 2020
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... View 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... View More
answered on Aug 9, 2020
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... View More
answered on Aug 6, 2020
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... View More
answered on Aug 5, 2020
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... View 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?
answered on Jul 26, 2020
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... View More
Not romero act can I remove it permanently? Appeal my case is it possible to remove it permanently.
answered on Jul 11, 2020
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.
If you want to check whether a... View More
Should I notify fbi or cops to incomphiscate incarcerate them all. They stole alot of money from me doing white collar crime fruad scheme. Civil rights where can I hire a pro bono attorney at.
answered on Jun 29, 2020
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... View 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... View More
answered on Jun 24, 2020
You won't be prosecuted (successfully) for a reckless driving that occurred more than 3 years ago; The Statute of Limitations is one year.
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... View More
answered on Jun 22, 2020
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... View More
He is only 17 and these ladies called cops but took my son to jail.
answered on Jun 10, 2020
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... View More
Was wondering what this meant
04/24/2020 Sentenced
001
PC211-F-Robbery: First Degree
Sentenced
Adult Confinement
Type: Prison
Facility: San Quentin Reception Center
Start Date: 04/24/2020
Term Type: Confinement
Term:... View More
answered on Jun 1, 2020
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.
An incident occurred and a report was filed but nobody was arrested and no charges were filed. Can the DA still pick up this and make a case based on the police report info?
answered on May 18, 2020
Yes. As long as the Statute of Limitations has not expired, the DA can file charges. Murder, and now sex crimes, have no statute of limitations.
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.
