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... View 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 1524 sets forth the grounds for issuance of a search warrant, and Penal Code section 3700.5 deals with investigating the sanity of an inmate sentenced to death.

I can't see the connection between the two.

Hire a lawyer. Lawyers can appear in misdemeanor cases for their clients and clear bench warrants.

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.... View More

A lawyer can practice in all counties and cities in the state where they are licensed to practice law, although it would usually cost more to have one travel far.

The civil forms you mentioned- Request for Dismissal (civ 110) and

Notice of Entry of Dismissal (civ 120) are... View 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... View 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.

When you make a claim for a lost package through UPS claims procedures, the claim is against UPS itself. They have limits on liability

($100), unless insurance was purchased.

Can he bail on the case from Ventura County? If not, he will have to deal with the LA case to completion. If he gets a sentence of 180 days or more, he can put in a 1381 demand to Ventura County to come get him.

You can file the forms for the reduction and dismissal of the a marijuana conviction and a felony in another case (if I understand you) before or

at the same time, (it doesn't matter)- but you would use two different forms. The marijuana is a Petition under 11361.8 H&S,... View More

Generally speaking, officers can seize evidence and contraband that are found in plain view , if they are lawfully in the position to observe it.

If you consent to a search, you have waived your 4th Amendment rights and the right to complain about the seizure of contraband found in plain view.

When co-defendants are convicted of a crime, restitution to a victim is ordered on a 'joint and several liability' theory; that each defendant is responsible for the total amount due- to be collected from whomever has the ability to pay. He could sue his co-d's to pay their share,... View More

Witnesses and videotapes ( subpoenaed by an attorney) can defend against the words of a prison guard. If your brother was charged with a new crime, he has the same constitutional rights of defense.

'Strikes' are serious or violent, but don't always require a weapon.

A no-contact order can be modified upon a victim's request. You want to contact his probation officer with that request. If a criminal protective order has been filed, a request will need to be made to the court. The probation officer should be able to assist you with that.

While a business can refuse service, or permission to be on their property, there are laws against verbal abuse, threats, or discrimination.

Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).

There is an exception, in subsection (d) If the firearm is used to shoot from a... View More

Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!

If the court, or your attorney has a doubt as to your ability to understand the nature of the proceedings or to assist in your own defense they may refer you for an evaluation to a 'shrink' under

section 1368 of the Penal Code.