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Questions Answered by Paul Samuel Geller
3 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: The "Motion in Limine" that the Prosecuter / District Attorney has, does the Jury get to view it at any point in time?

The Prosecutor / DIstrict Attorney lied throughout the document - Motion in Limine. I wondered if the jury gets to view that document.

Paul Samuel Geller
Paul Samuel Geller answered on Jan 10, 2021

No

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3 Answers | Asked in Criminal Law for California on
Q: [CA] If I stole something as a child (under 12) could I still get legally prosecuted years later if someone Found out?

When I was in elementary school, I stole some of my friends Pokémon cards and no one ever knew. If it were to come out years later now as an adult. Can I still be prosecuted and would I be tried as a juvenile or an adult. Also would the discovery rule apply to this?

Paul Samuel Geller
Paul Samuel Geller answered on Jan 10, 2021

There is a statute of limitations, and you would not be charged.

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2 Answers | Asked in Criminal Law for California on
Q: Can a defendant relieve his retained / private attorney without any reason? Even 3 days before trial?

Is a defendant allowed to no longer use his private attorney and request either a public defender or pro per / pro se? Does the judge have authority to make you keep private retained counsel? See People v. Manila (please explain)

Paul Samuel Geller
Paul Samuel Geller answered on Jan 6, 2021

A defendant has a right to hire the attorney of his/her choice, so you may request to have your private attorney relieved. The Judge may want to inquire why, and if they feel it is simply a delay tactic, there may be an issue. If your attorney claims a conflict of interest, that too may be... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: if i go to dmv with warrant is it anyones job to call the police while im at dmv, dont think its in thier jobdescription

misdemeanor FTA warrant, no violence etc. no theft etc and its an old case

Paul Samuel Geller
Paul Samuel Geller answered on Nov 2, 2020

If it is a theft related to identity or vehicle fraud/theft investigated by the DMV Investigative Unit, you could have issues. Otherwise, unlikely. Misdemeanor theft for something else, probably not a problem. But you should consult with and possibly hire a lawyer to look into it.

3 Answers | Asked in Criminal Law for California on
Q: i have a misdemeanor charge how long can my arraignment be postponed due to the covid epidemic?
Paul Samuel Geller
Paul Samuel Geller answered on Aug 19, 2020

Depending on your lawyer, there are many ways to continue arraignment, notwithstanding COVID. You should consult with an attorney for more of a detailed explanation.

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3 Answers | Asked in Criminal Law and Elder Law for California on
Q: Hello I'm needing a lawyer for my wife she is accused of commenting elder abuse which was false she has court on 08/14
Paul Samuel Geller
Paul Samuel Geller answered on Aug 8, 2020

These are very complex cases, so you should consult with someone like those of us on this panel that have experience with these types of cases.

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2 Answers | Asked in Criminal Law for California on
Q: Criminal charges were filed against me i bail out a day later, i was given court dates but didnt appear on the court cal

So im thinking charges were droped, Days later i find out different charges were filed and serious ones at that, had a new court date but my bail remained the same and active, but shouldnt i be rearrested on the new charges, and have to post bail again on the new charges?

Paul Samuel Geller
Paul Samuel Geller answered on May 15, 2020

You should consult with and hire an experienced criminal attorney. What they charged will now alter the "requested bail" in court. So when you show up, that is what the prosecutor is going to ask for. If it was more than 15 days since your bail was originally posted, you COULD be... Read more »

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