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I was convicted of armed robbery at 17, received a juvenile strike, and was made a ward of the state. I'm now 23 and have no active cases or violent adult charges. I have not had my juvenile record expunged and am unsure about any legal restrictions regarding firearm ownership. Can I legally... View More 
In California, a 12-year-old kicked and broke my front door and its frame, and we filed a police report. The police mentioned it's not illegal, despite what I found saying otherwise. We also have a video of the incident, and we caught up with the child and their parent. The parent apologized... View More
answered on Apr 1, 2025
"The parent apologized and offered to pay for the damages." Unless there is more of a history, or you have a well founded fear of future actions, what more do you want than that? Accept full payment for all your damages, and resume your life.
I was charged with a DUI, but I believe I should have been charged with public intoxication instead. My car was parked on private property at my father-in-law's welding shop in Wasco, CA. I wasn't in the car, didn't have the keys, and was standing by the car talking to a friend. I... View More
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answered on Apr 1, 2025
Based on the circumstances you've described, you potentially have several grounds to contest your DUI charge under California law. Vehicle Code Section 23152 requires proof that you were driving a vehicle while under the influence, and the prosecution must establish all elements of this... View More
In Santa Barbara County, California, the police contacted and detained me without a warrant or probable cause, and subsequently arrested me. My public defender has requested the body-worn camera footage from this incident, as the police report indicates that the camera was activated. As far as I... View More
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answered on Apr 1, 2025
Under California law, police body camera footage is considered evidence that must be disclosed to the defense as part of the discovery process. Body camera footage should "automatically be supplied to the prosecutor on your case, who would then be required to turn a copy over to your defense... View More
I've been charged with 496(A) PC, 148(A)(1) PC, and 31 PC. I have no criminal history and was only giving a ride to a family friend's acquaintance. I waited in my car, watching videos, while she went into the store. I assumed she had legitimately purchased the items because nothing seemed... View More
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answered on Mar 31, 2025
You are facing serious charges that require immediate professional attention. The 496(A) PC charge relates to receiving stolen property, 148(A)(1) PC involves resisting or obstructing an officer, and 31 PC concerns aiding and abetting a crime—all of which carry potential jail time and fines... View More
My son, who has no prior incidents, was assaulted and, in self-defense, bit the person who placed him in a choke hold. He is now facing a minor assault charge. There were no witnesses. After being questioned by the police, he only mentioned knowing the person. He went to the hospital, which... View More
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answered on Mar 28, 2025
Your son's situation falls under California's self-defense laws, which allow a person to use reasonable force when they reasonably believe they're in imminent danger. The medical documentation and photos of his injuries will be crucial evidence supporting his claim that he acted in... View More
On March 26, 2025, the judge exonerated my bail and released me on my own recognizance, with the condition that I take a class and provide proof by a certain date. I had made an upfront payment of $1,800 to the bail bondsman for a $6,000 bond. Despite the bail exoneration, the bail bondsman has... View More
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answered on Mar 28, 2025
Even if you are subsequently found guilty of a crime, the bail obligation ends when exoneration occurs. Your financial obligation to the court has officially concluded. This is a separate matter from any conditions the judge may have set for your release on your own recognizance, such as taking a... View More
May I confirm that (with rare exceptions) no part of a background check for a California employer can show arrests, convictions, or other indicators of criminal history disposed more than seven years prior to the date of the report?
answered on Mar 28, 2025
You are correct related to commercial background check companies. However, if the employer does the background check internally, there is no such limitation. However the California Fair Chance Act does limit what the employer can do with older convictions. It would be wise for you to look into... View More
My fiancé was arrested on July 2nd last year near the Huntington Beach Pier for lighting a cigarette. The arresting officer knows her, but during the booking process at the jail, she chose to remain silent, leading to charges of obstructing justice and interfering with an officer. She has been... View More
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answered on Mar 27, 2025
Your situation sounds incredibly frustrating and confusing. While remaining silent is generally a protected right under the Fifth Amendment, the specific circumstances might be more complex than they appear on the surface. The charges of obstructing justice may not be solely due to her silence but... View More
I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More
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answered on Mar 27, 2025
You should immediately request a competency evaluation through your legal representative, as this can determine if the inmate can understand court proceedings and potentially pause the legal process until proper treatment is received. This evaluation could lead to placement in a mental health... View More
My son was arrested nearly six years ago in California, and his case has not yet gone to court. The bail bondsman mentioned a five-year limit for taking a case to a jury. During these years, there have been multiple public defenders and deputy district attorneys involved, with frequent hearings... View More
answered on Mar 26, 2025
The only "statute of limitations" in criminal law applies to the filing of charges by the DA, not to the timing of a "speedy trial" after charges are filed in court. The California Criminal Code provides deadlines for certain courtroom proceedings, such as preliminary hearings... View More
In April 2024, I was parked on a rear shoulder when a CHP officer approached me. I admitted to having one beer and a small amount of THC 45 minutes before talking to the officer. I blew a 0.05% BAC, my car was towed, and I was taken to the station where I provided a blood sample for THC testing. I... View More
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answered on Mar 26, 2025
Your upcoming arraignment is just the beginning of the legal process, not the end. At this first court appearance, you'll hear the formal charges against you and be asked to enter a plea of guilty, not guilty, or no contest. Unlike with alcohol DUIs, California doesn't have a legal limit... View More
On March 14, 2024, I was pulled over on a rear shoulder while deciding whether to go home or to my girlfriend's house. I admitted to having 1 beer and some THC 45 minutes before being pulled over, and I blew a 0.05% on the breathalyzer. My car was towed, and I was taken to the station for... View More
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answered on Mar 26, 2025
Your arraignment is the first formal court appearance where you'll hear the charges against you and enter an initial plea. At this stage, the judge will inform you of your constitutional rights, the specific charges you're facing (likely a DUI based on your situation), and ask how you... View More
I violated my parole over a year ago and served time for the violation. When I was released, my parole officer mentioned that illegal material was found on my computer, which the police were holding. He indicated that if the police hadn't questioned me, it might be nothing. I haven't been... View More
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answered on Mar 25, 2025
Yes, the sheriff's office could very well be investigating the case related to the material found on your computer. When a detective specifically from a sex crimes unit reaches out, it typically indicates an active investigation. The fact that there's been a significant time gap between... View More
I am a defendant in a criminal case and was surprised by a witness called by the district attorney at the preliminary hearing, as they were not included in the discovery. I had no prior knowledge of this witness, and my public defender didn't prepare me or suggest having my own witnesses for... View More
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answered on Mar 24, 2025
You have some legitimate concerns about what happened at your preliminary hearing. When the prosecution calls a surprise witness who wasn't included in discovery, this could potentially be a discovery violation. Your public defender should have objected to this witness testimony during the... View More
I need guidance on resentencing for a second-degree murder conviction involving an 18-year-old who accepted a plea deal of 19 years to life due to multiple enhancement charges. Laws regarding enhancements have changed retroactively since his conviction. He was not given a detailed explanation of... View More
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answered on Mar 23, 2025
You may have options under California's recent sentencing reform laws. Several statutes now permit resentencing for cases involving enhancements, particularly for young offenders who received lengthy sentences. The short timeframe from arrest to conviction and inadequate explanation of the... View More
While we together, he usually became violent during sleep (for example push me off the bad, hit my face) and force sex during sleep when I was unconscious. I always felt scared but during the time I thought of he might have disorder so didn’t think he was intentional, and tried my best to adjust... View More
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answered on Apr 1, 2025
Your description contains serious allegations that may constitute criminal offenses under California law. Being forced to engage in sexual activity while unconscious meets the legal definition of rape in California, and the physical violence you experienced during sleep could constitute domestic... View More
I have a concern regarding my son, who is a high school student. Four months ago, another student from a nearby high school called my son's school, pretending to be him and falsely reporting a kidnapping. This caused panic, but the perpetrator was traced and admitted to the prank. No... View More
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answered on Mar 23, 2025
I understand your frustration and concern about protecting your son from this repeated harassment. Given the pattern of behavior from this student, you should immediately request a formal meeting with your son's school administrators to document these incidents and request protective measures,... View More
I texted a 17-year-old friend of my daughter, asking if she wanted to hang out, while I was intoxicated. I recognize it was a mistake, and there was no intention to actually meet. The message was brief, and nothing else was said. Could this be considered sufficient grounds for charges of annoyance... View More
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answered on Mar 22, 2025
This situation sounds concerning, but based on the limited information provided, a single text message asking to "hang out" without sexually explicit content might not meet the threshold for criminal charges of annoying or molesting a minor in most jurisdictions. The legal definition of... View More
I am the plaintiff in a criminal contempt case, and part of my case documentation is illegible. This section contains the most important and serious violations along with my evidence. I've asked the judge how to correct this, but was informed she can't provide legal advice. I'm not... View More
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answered on Mar 21, 2025
If part of your documentation is illegible and contains key evidence, it’s important to act quickly to correct the issue. Since the judge can't guide you directly, your best option is to prepare a corrected version of the illegible section. Make sure it is clearly labeled as a correction or... View More
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