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California Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: In California. The docket states "Case Withdrawn by the Court". As a whole, does this mean there is no longer a case?

2 infractions from 2020. "If failure to appear or pay before" "civil assessment will be imposed" "DD5 sent to DMV. Return code: 800" "CNCV200" "CNCV300" "Pursuant to assembly bill 177...." "Collections case with previous referral...is... View More

1 Answer | Asked in Criminal Law for California on
Q: can you have a firearm in a safe in a house when a felon also lives there?

I am 18 my brother is 21 and we own some firearm that we have had for a few year I was wondering if it would be a problem to have them in a safe in our room accessible by only us when our dad might be facing felony charges?

James L. Arrasmith
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answered on Jan 16, 2025

This is an important legal concern that requires careful consideration. In California, having firearms in a home where a convicted felon resides can be very risky, even if they're stored in a safe. The law requires that felons have no access or ability to control firearms - this includes... View More

1 Answer | Asked in Criminal Law for California on
Q: Eavesdropping on an undropped call

I am a leasing manager for a commercial real estate company and as such I was meeting a tenant to help with “damage control” as she was angry with lack of response from management. When I went to meet her, she was on the phone with the property manager and when she saw me, she hung up to meet... View More

James L. Arrasmith
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answered on Jan 15, 2025

Your situation is concerning, and you're right to be thinking about both the legal and ethical implications. Under California Penal Code Section 632, it is illegal to intentionally eavesdrop upon or record a confidential communication without the consent of all parties involved. The property... View More

1 Answer | Asked in Criminal Law for California on
Q: I had a ten year gun ban in California that recently expired. Is there anything I need to do or can I buy a gun now.
James L. Arrasmith
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answered on Jan 15, 2025

I understand you're looking to purchase a firearm after your ban expired in California. The situation requires careful consideration of state and federal regulations.

Even after a ban expires, you'll need to go through several important steps before purchasing a firearm in...
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1 Answer | Asked in Criminal Law for California on
Q: I asked the judge for a continuance and was denied. Now I don't have legal representation. What do I do?
James L. Arrasmith
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answered on Jan 15, 2025

Your situation is challenging, but you have several immediate options to consider. You can request another continuance by filing a written motion explaining your urgent need for legal representation and why the previous denial creates a potential violation of your right to counsel. Document your... View More

1 Answer | Asked in Criminal Law for California on
Q: My friend has health problems that are terminal. He also has some cases that he has warrants for. Needs a lawyer.

He does not have money as he's disabled. Is there a foundation that would help him out.

James L. Arrasmith
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answered on Jan 15, 2025

I'm so sorry to hear about your friend's difficult situation - dealing with both health and legal challenges must be incredibly overwhelming. My heart goes out to both of you during this trying time.

There are several California legal aid organizations that provide free help to...
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1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: What am I able to do if a sibling has complained about a student numerous of times to the school, and nothing was done?

It resulted in a fight where the other student used a hand made knuckle weapon.

James L. Arrasmith
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answered on Jan 15, 2025

Your situation sounds incredibly serious, and I understand your concern about the school's lack of action leading to this dangerous incident. The fact that another student used a makeshift weapon makes this an urgent safety matter that needs immediate attention.

You should document...
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1 Answer | Asked in Criminal Law for California on
Q: Neighbors disgruntled sister came into my yard, ripped off my roses and threw them at me 3 times. Is this assault ?

She was upset that I reported her brothers dogs to animal control she Followed that by placing a boombox 5ft from my window in retaliation with loud music. Law enforcement just gave me a report number, can I get a restraining order ? is this assault?

James L. Arrasmith
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answered on Jan 14, 2025

The behavior you described—entering your property without permission, damaging your roses, and using loud music to disturb you—may be considered assault or harassment under California law.

Obtaining a restraining order is a possible option if you feel threatened or unsafe. You would...
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1 Answer | Asked in Criminal Law for California on
Q: HELLO SO IVE BEEN HAVING THIS CASE GOING ON FOR ALMOST THREE YEARS WHICH IS POSSESSION OF paraphernalia

I GOT THIS CHARGE BECAUSE I GOT PULLED OVER THEY NEVR ASKED I WAS GETTING PUKKED OVER THE COPS AND I WAS WITH MY BOYFRIEND. SO I DECIDED TO PLEA NOT GUILTY DUE TO THE FACT THAT THEY SEARCHED THE VEHICLE WITHOUT MY CONSENT OR BOYFRIENDS CONSENT WHEN NEITHER OF US ARE ON PAROLE OR probation YION THEY... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry you're going through this difficult situation. If the police searched your vehicle without your or your boyfriend's consent and without a valid reason, this could be a violation of your rights. Your attorney should have reviewed the legality of the search, and if it was... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for California on
Q: I am homeless. I live in my vehicle. I had my my constitutional rights violated, all because I refused to give my name

My mechanic replaced sensors, cleared the check engine lights, and ran the car for an hour, but it began to overheat. We parked, and the battery drained while waiting. My mechanic walked home, half a mile away, to get his truck.

While I waited, an officer drove by, then returned five... View More

James L. Arrasmith
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answered on Jan 12, 2025

I'm sorry you had to go through that experience. It's important to know that in California, if a police officer has a reasonable suspicion that you've committed a crime, they can ask for your identification. However, if there's no such suspicion and you're not being... View More

1 Answer | Asked in Criminal Law for California on
Q: arrested for a bench warrent for violation Ro held in jail and next day went to court

commissioner released me on Or 4 month later while in court diffrent

commissioner send me to police station to get booked for the same case same charges is that legal

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answered on Jan 11, 2025

This situation sounds confusing and frustrating. Being booked for the same case after already being released on your own recognizance (OR) raises some legal questions worth exploring.

Different commissioners can sometimes make different decisions about how to handle cases, even within the...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Run concurrent with case on courts own motion ?
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answered on Jan 11, 2025

In California courts, running cases concurrently means hearing multiple related matters at the same time. This practice helps streamline judicial proceedings and can benefit both the court system and involved parties through improved efficiency.

When courts decide to combine cases on their...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: If I've rented a room for over a year with receipts, am I allowed a 30 or 60 day eviction notice?

Live-in landlord. No lease or rental agreement. Strictly month to month verbal agreement. Have receipts for over a year of occupancy. Am quiet, never cooked a meal there or done a load of laundry. Upon other very recent problems, as well as unsafe living conditions, I'm now being evicted... View More

James L. Arrasmith
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answered on Jan 11, 2025

In California, when renting from a live-in landlord (owner-occupied property), different rules apply compared to traditional landlord-tenant situations. Even without a written lease, your consistent payment history and receipts establish you as a month-to-month tenant.

For live-in landlord...
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1 Answer | Asked in Criminal Law for California on
Q: I was unlawfully evicted and have been living out of my truck. On Monday while I was in my truck with shades in place an

I was sitting in a multistore parking lot changing to go to work. Someone knocked on my window, I opened the door and 2 sherrif’s deputies were standing there asking me what I was doing. I notified them that I am homeless and living out of my truck. I noticed that the a/c air was smoky looking... View More

James L. Arrasmith
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answered on Jan 11, 2025

Your situation highlights several potential constitutional rights violations that could help your defense. The Fourth Amendment protects against unreasonable searches, and based on your description, the officers may have lacked probable cause to search your vehicle after you explicitly denied... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: When does your custody credits start on a 1381 from file . In custody for 6 months on a case and filed a 1381 on a case

Already sentence on in a other county and da only gave me credit for the day he received the 1381 not from when I started my time ?

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answered on Jan 11, 2025

Under California law, custody credits for a PC 1381 demand typically begin from the date you started serving time on your current sentence, not just from when the District Attorney received the demand. This means you should be eligible for credits starting from when you began your custody period... View More

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: Request to withdraw sponsorship successful after reporting marriage fraud for 2 year Gcard holder. What now?

I divorced my husband in 2023, filed marriage fraud reports the same year, and sent a written letter explaining the fraud, provided evidence, and requested a withdrawal of sponsorship. I was told this would be difficult because my ex has a 2 year green card already. However, USCIS confirmed today... View More

James L. Arrasmith
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answered on Jan 10, 2025

Great news about the withdrawal approval! This is indeed significant since removing sponsorship after a green card is issued can be challenging. Your thorough documentation and evidence of marriage fraud must have been compelling for USCIS to take this step.

When USCIS approves a...
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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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1 Answer | Asked in Criminal Law for California on
Q: I have a warrant for my arrest and I’m wound wrong how do I go about getting information about the case and details of.
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answered on Jan 8, 2025

I'll help you find legitimate ways to get information about your case. Here are the legal steps you can take:

1. Contact the court clerk's office in the county where the warrant was issued:

- They can provide basic information about your case

- You'll need to...
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1 Answer | Asked in Criminal Law for California on
Q: Found methamphetamine and fentanyl in my purse but they arrested him n let me go if I say it was mine will I face jail?

I was driving my friends car when we got pulled over and they found fentanyl and methamphetamine in my purse but charged him with it n let me go. Now trying to charge him with sales and transportation but it was my fentanyl and it was strictly for personal use ONLY my question is if I write a... View More

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answered on Jan 8, 2025

This is a serious legal situation that requires careful consideration. Taking responsibility for drug possession could indeed result in jail time, particularly given that fentanyl and methamphetamine are Schedule II controlled substances in California. The criminal justice system takes these cases... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Q: [Urgent] My criminal case was dismissed.

I had Pre-trial hearing yesterday at Glendale court at 8:30AM. This was a court-order violation during TRO. The DA office decided to dismiss the case during the hearing. I must submit any written proof to the family court by today. I called the court clerk, and they told me I need to call back... View More

James L. Arrasmith
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answered on Jan 8, 2025

Your situation requires immediate attention, and I understand the urgency of needing proof of the dismissal for family court today. Time is critical in these situations, especially when dealing with multiple court systems.

You have several options to pursue right away. First, contact your...
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