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California Criminal Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: IF PROSECUTOR COMITTS PERGURY ON SWORN COMPLAINT AND I WAS FOUND GUILTY EVEN APPEAL AND JUST DISCOVERED THE MISTAKE ?

what can i do because the prosecutor to gain jurisdiction persona and subject matter made me look like i was under the influence of heroin when in fact i was only on methadone even their own test says so. I even lost my appeal im just figuring this out other wise their would be no case no subject... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 31, 2023

You should pose this question to the lawyer/s that represented you on the underlying case and or appeal.

I suspect it is not perjury on the part of the DA.

However, DA's make mistakes.

You either had a private or appointed attorney, so I assume these things have been...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Search warrant served at my house. Nothing listed on warrent I'm not on parole or probation. They. Broke open ssaffe

I did not know combo.. they found guns in there. Thhad noo probablecauseto be there... They. Charge me

Dale S. Gribow
Dale S. Gribow
answered on Mar 31, 2023

If they charged you, then you will either retain a local criminal attorney or the court will appoint a public defender at the Arraignment.

Either way, you should make an appt for a consultation with a local criminal lawyer.

That attorney can review the Bench Warrant and determine...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Supreme Court reversed a 1st degree murder conviction in People V. Brown. Does "overturn" mean possible 2nd degree?

If a murder charge is overturned or remanded per Supreme Court, due to erred jury instructions, can the DA automatically charge with a lower offense? (From 1st to 2nd degree murder). CALCRIM 521

Dale S. Gribow
Dale S. Gribow
answered on Mar 30, 2023

Overturned means something must have been done improperly and the case can start all over again with a new filing.

1 Answer | Asked in Criminal Law for California on
Q: What are antagonistic defenses?
James L. Arrasmith
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answered on Mar 29, 2023

In the area of law, the term "antagonistic defenses" is not commonly used. However, the term "antagonistic litigation" may refer to a situation in which parties engage in aggressive and contentious legal proceedings against one another, with each party seeking to gain an... Read more »

2 Answers | Asked in Criminal Law and Probate for California on
Q: What constitutes undue influence?

A will and trust document was signed by a person who had legally undiagnosed dementia (though there are many witnesses to this fact ). He left his entire estate to the person who drew it up, and had him sign it and had it notarized.

John Michael Frick
John Michael Frick
answered on Mar 29, 2023

Undue influence typically refers to an external threat of force by another person. The quintessential example being someone holding a loaded gun to your head to persuade you to sign something.

What constitutes undue influence is a fact question for the jury. A person’s diminished mental...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: What is the difference between "calls for conclusion" and "calls for speculation" objections?
James L. Arrasmith
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answered on Mar 28, 2023

"Calls for conclusion" and "calls for speculation" are two common types of objections that are raised during legal proceedings, particularly during direct or cross-examination of witnesses.

A "call for conclusion" objection is made when a question asked of a...
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1 Answer | Asked in Criminal Law for California on
Q: I Should I file a fraud case against my CPA for fraud and embezzlement I had to sell my company to him
James L. Arrasmith
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answered on Mar 28, 2023

If you suspect that your CPA has committed fraud and embezzlement and forced you to sell your company to him, you may want to consult with a licensed attorney who is experienced in business law and fraud cases.

An attorney can help you assess the evidence you have and advise you on your...
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1 Answer | Asked in Contracts, Criminal Law, Tax Law and Business Law for California on
Q: Should I file a fraud case against my CPA for fraud and embezzlement I had to sell my company to him

I had to sell the company to him due to the fact he did not pay the federal employee tax which went up to 1.2 million or so

I need a lawyer to help me with this case

He has already been disbarred in Nevada and California is also looking into it

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2023

First, Consult with a lawyer asap.

More info is needed to explain why you sold co to your CPA

Hopefully, your lawyer had malpractice ins, if so make a claim.

Otherwise, if there is provable negligence, sue and attach his assets

2 Answers | Asked in Criminal Law for California on
Q: Can you tell me what the punishment is for mc10 40-010A
James L. Arrasmith
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answered on Mar 26, 2023

I'm sorry, but I'm not able to provide information on the specific penal code you've provided as "MC10 40-010A". Penal codes can vary by jurisdiction and state, and "MC10 40-010A" does not appear to be a valid penal code.

If you could provide me with the...
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1 Answer | Asked in Criminal Law for California on
Q: Seeking a Pro Bono Lawyer to recover $40,000 my daughter Blatantly told me she was going to steal from me, as well as 50

I am Citing my Daughter w/ Elder Abuse-Financial the recovery of my 50 Paintings-my artwork can be viewed on my Facebk. pg.

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2023

you are posting this on a Criminal site.

if criminal the DA would be representing your interests if you could prove theft.

you should make appts with civil litigators........however, very few would handle this matter pro bono.

you might be more successful with Legal Aid or Aish Hatorah

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in... Read more »

Bart Kaspero
Bart Kaspero
answered on Mar 26, 2023

You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: What is a strict liability crime, and what is California's legislature's determination of a strict liability crime?
James L. Arrasmith
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answered on Mar 26, 2023

A strict liability crime is a criminal offense in which the prosecution does not have to prove that the defendant had a criminal intent, or mens rea, to commit the offense. Instead, the prosecution only needs to prove that the defendant committed the act that constitutes the offense.... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I ask for DVRO even though I moved out and the lawyer dropped CHRO and disappeared? I match case law and need

1st Lawyer said nothing at hearing when respondent showed video mislead judge said I lived in lsewhere when I was defending myself in my own home where I lived with my 2 yo. Friend now housemate said I lived elsewhere was trying to evict me leading her to believe I was a houseguest not a... Read more »

James L. Arrasmith
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answered on Mar 26, 2023

It's possible to file for a Domestic Violence Restraining Order (DVRO) even if you have moved out of the residence where the violence occurred and your lawyer dropped the case. However, it's important to consult with a new lawyer or legal aid organization to help you navigate the legal... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: how can I get my phone back?

The police took my phone as evidence 5 months ago when they arrested me. I got out of jail 3 days after being arrested because the charges were declined. They have not given me my phone even though I've tried plenty of times. They keep saying they are working on getting my phone back but if no... Read more »

James L. Arrasmith
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answered on Mar 26, 2023

If the police took your phone as evidence during your arrest, and the charges were declined, you have the right to request the return of your property.

The first step would be to contact the police department or the investigating officer who took your phone and request its return. You can...
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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was involved in a road rage fight but didn’t get to defend myself and got beat up on my face.

We have his license plate. We were exiting the highway and this pick up truck crossed the gore (he went off-roading pretty much) and cut us off. We met at the stoplight where my girlfriend gave her piece of mind. As the exchange happened I got out the car and approached the driver side. We argued.... Read more »

James L. Arrasmith
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answered on Mar 26, 2023

I'm sorry to hear about your experience. It's important that you take care of your health and safety first. If you haven't already done so, I would recommend seeking medical attention as soon as possible to assess any injuries you may have sustained. Even if you feel fine, there may... Read more »

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2 Answers | Asked in Criminal Law and Workers' Compensation for California on
Q: The defense in my work comp tried to kill me. I represent myself what can be done about this

I was left to suffer from hernia repair complications from infections, high WBC counts and fevers for over four years until I obtained a bacterial infection in my bloodstream

James L. Arrasmith
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answered on Mar 26, 2023

If you believe that the defense in your workers' compensation case tried to harm you or cause you harm, it's important to take immediate action to protect yourself.

First, you should seek medical attention to address any injuries or health issues that you are currently...
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3 Answers | Asked in Criminal Law for California on
Q: Can the prosecutor use character evidence referring to the defendant's --->

Can the prosecutor use character evidence referring to the defendant's lies in the past to impeach the credibility of his testimony, when the defendant is being accused of premeditated, first-degree murder and the defense is trying to prove that the crime was committed by accident?

James L. Arrasmith
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answered on Mar 25, 2023

In California, the prosecution is generally not allowed to introduce evidence of a defendant's prior bad acts to prove that the defendant has a propensity to commit the crime charged. This is known as the "propensity rule" and is set forth in California Evidence Code section 1101.... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I need a break down of Calcrim 401 and what does it nean by the people must prove that the
James L. Arrasmith
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answered on Mar 25, 2023

CalCRIM 401 is a legal instruction used in California criminal trials that outlines the fundamental principle of presumption of innocence. This instruction is typically given to the jury at the beginning of the trial and is designed to inform them about the burden of proof in a criminal case.... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My friend was shot and killed over a year ago. How can I find out if anyone was arrested?

Can I find out additional details, such as the name and what happened in court... Was anyone sentenced

James L. Arrasmith
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answered on Mar 24, 2023

I'm sorry to hear about your friend's passing. If you are trying to find out if anyone was arrested and if there was a court case related to their death, there are a few ways to go about it:

Contact the local law enforcement agency: You can contact the local police department or...
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1 Answer | Asked in Gaming, Criminal Law and Employment Law for California on
Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out

… of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back... Read more »

James L. Arrasmith
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answered on Mar 22, 2023

If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible.... Read more »

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