Lawyers, Answer Questions  & Get Points Log In
California Criminal Law Questions & Answers
0 Answers | Asked in Consumer Law, Criminal Law, Civil Rights and Federal Crimes for California on
Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?

I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Hello My name is Irene I have a loved one who is incarcerated for 15 he was 17 at the time of his crime he qualifies to

To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Hello Irene,

In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly.

First,...
View More

1 Answer | Asked in Criminal Law for California on
Q: If the date of a crime that was committed is wrong on the docket complaint and filed is that grounds for dismissal

I was charge for committing a crime on the wrong date

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

In California, a mistake in the date of an alleged crime on a docket complaint isn't automatically grounds for dismissal. The legal system recognizes that clerical errors can occur. However, if this error materially affects your ability to prepare a defense or if it's indicative of a more... View More

1 Answer | Asked in Criminal Law for California on
Q: Does follow up with law enforcement after an emergency disclosure request

I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger.... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

1 Answer | Asked in Criminal Law for California on
Q: A senior level security guard committed assault and battery by the definitions I can find. What recourse do I have?

This was in a buffet area in a Las Vegas casino. I complained about the poor service which was acknowledged by buffet staff (and we were in the process of resolving that) but that buffet manager called hotel security who proceeded with a very heavy handed approach. And physically escorted us into... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

If you believe you've been a victim of assault and battery by a security guard in a Las Vegas casino, there are several steps you can take. First, document everything related to the incident, including any physical evidence, witness statements, and medical reports if you sought medical... View More

1 Answer | Asked in Criminal Law for California on
Q: I was assaulted and battered while my son was with me by my clients wife who I had an affair with. I was granted a tro.

She has filed a tro on me for stalking her husband. It was an affair never did i stalk him.but was denied.we have court hearing

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In your case, it's crucial to prepare thoroughly for the upcoming court hearing. Given the complexity of the situation involving personal relationships and accusations on both sides, it's important to present a clear and factual account of events.

Since you've been granted a...
View More

1 Answer | Asked in Education Law and Criminal Law for California on
Q: What is "special notification to jail"(Haircut, dr.appt) mean?

I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In the context of California law, "special notification to jail" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc.,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for California on
Q: As a California citizen, can I give my employer my background check record if I so choose, as in giving them authority?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In California, you have the right to share your background check record with your employer if you choose to do so. It's your personal information, and you can decide to provide it voluntarily.

However, it's important to be aware that employers in California are subject to...
View More

1 Answer | Asked in Criminal Law for California on
Q: How long can police keep someone in custody after bail has been paid?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Under California law, once bail has been paid, the accused individual typically should be released from custody. The payment of bail is a legal process that secures the release of the person, under the condition they will appear in court for their scheduled hearing. Holding someone in custody after... View More

1 Answer | Asked in Criminal Law for California on
Q: Can police keep someone in custody after bail has been paid?

Police are keeping him in custody overnight because some officers want to speak to him who are not on duty until morning.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Under California law, once bail has been paid, the accused individual typically should be released from custody. The payment of bail is a legal process that secures the release of the person, under the condition they will appear in court for their scheduled hearing. Holding someone in custody after... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Does Google follow up with law enforcement after an emergency disclosure request?

In general law enforcement are not legally required to notify the Google or the subscriber after an emergency disclosure request. Google in its website says that it will notify the affected user if it learns that the emergency has passed. Does it mean that Google follows up with law enforcement or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

When Google receives an emergency disclosure request from law enforcement, they are not typically obligated to follow up with the agency to learn about the outcome of the emergency. This is because emergency disclosure requests are exceptional circumstances where immediate access to information is... View More

1 Answer | Asked in Government Contracts and Criminal Law for California on
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.

The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.

.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?

Please and thank you . I think this is a hard one

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More

3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

Bart Kaspero
Bart Kaspero
answered on Nov 27, 2023

For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: I'm a single mother to my 7 year old daughter. Late August 2023.

I was evicted from my house due to loosing my job and I also had a warrant for my arrested due to not showing up to court. Me and my daughters grandmother (father's mother) had an agreement she would care for her until I get back on my feet. She demanded guardianship after two weeks and I said... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In your situation, it's crucial to understand the legal standing of the grandmother's guardianship claim and the purported no-contact order. If you haven't signed any legal documents granting guardianship and have not been served with any court orders, it's possible that the... View More

1 Answer | Asked in Criminal Law for California on
Q: What does it mean when it says "petition filed-jail" under your case details on the court website in criminal Court
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In California, when you see "petition filed-jail" under your case details on a criminal court website, it typically indicates that a petition has been filed in relation to someone who is currently in jail. This could be a petition for various reasons, such as a request for bail, a motion... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: After 7 years have past in California do I still have to disclose my criminal record to become a LVN?

I was convicted of elderly abuse in 2022,after probation it will be a misdemeanor offense but after 7 years do I still have to disclose my record to become a lvn in California??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In California, when applying for licensure as a Licensed Vocational Nurse (LVN), it's important to understand that criminal convictions, especially those involving elder abuse, are taken very seriously. The requirement to disclose your criminal record does not automatically expire after a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What if I was the first one to hit the suspect on a domestic violence case?

A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false... View More

1 Answer | Asked in Criminal Law for California on
Q: Is detention and keeping a person in custody for 48 hrs considered an arrest and can the person be released without cons

Imaginary example: The police or FBI have reasonable suspicion that a person has broken the law, but have no evidence to press charges and arrest the person. The police or FBI detains the person for 48 hours to conduct a couple of interrogations. In the meantime, the person's freedom is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

In your scenario, the situation described is typically considered an arrest. In California, and generally in the United States, an arrest occurs when a person's freedom to leave is significantly restricted by law enforcement. Detaining someone for 48 hours without the ability to leave... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: How to get a new court anppointed attorney?

I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

In California, if you're seeking a new court-appointed attorney due to inadequate representation, there are specific steps you should follow.

First, you must bring this issue to the attention of the court. You can do this by filing a motion with the court that handled your case,...
View More

View More Answers

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.