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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: Just wondering if a bounty hunter can bust open my security gate and door for a misdemeanor diversion case.

I had to reschedule my last court date as it was going to get dismissed because my special-needs son was extremely sick and they know of my special-needs son saw him there are the public defender actually had to say he needed to leave because he was acting out so they know the problems there when... View More

James L. Arrasmith
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answered on Nov 21, 2024

You need to know that bounty hunters must follow specific legal requirements in California - they cannot break into your property without proper authorization, and doing so could be illegal. Breaking your security gate or door would likely constitute criminal damage and potentially illegal entry.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok

So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More

James L. Arrasmith
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answered on Nov 21, 2024

This situation raises serious legal concerns - you should never be pressured to plead to unknown charges, and it's highly problematic that both the judge and public defender encouraged this.

You have the fundamental right to know and understand all charges against you before entering...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If the judge let me out on O.R. if I plead no contest to the charges but did not tell me the charges is that illegal

So I went to court and the judge said that he did not have the charges in front of him but would be willing to let me out on my own if I plead no contest to the charges and when I told him I'd rather not plead to something if I don't know what it is he said what you don't trust me... View More

James L. Arrasmith
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answered on Nov 21, 2024

This situation raises serious legal concerns - pleading no contest without knowing the charges goes against your fundamental right to due process and informed decision-making in criminal proceedings.

You have the right to know exactly what charges you're facing before entering any...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for California on
Q: Can I sue for torture?

I was abused in an abnormal way, and multiple parties played games or didnt do anything to aid in protections or safety of myself or being.

James L. Arrasmith
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answered on Nov 20, 2024

Yes, you can pursue legal action for torture, both under California state law and federal statutes. This is an extremely serious matter that deserves immediate attention.

Your first step should be reporting this to law enforcement if you haven't already done so. Document everything -...
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1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for California on
Q: I know who stole my vehicle, but I am concerned about reporting this person to the police.

The person who I am nearly certain stole my vehicle will seek revenge. This will not likely be in the form of violence but rather by smearing me publicly with whatever false information or claims or accusations will hurt the most.

What should I do? This is an awful feeling, to be unable... View More

James L. Arrasmith
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answered on Nov 20, 2024

Your concern about potential retaliation through defamation is completely understandable, but you have legal rights both regarding the vehicle theft and any future false statements made against you.

You should document everything related to the vehicle theft and any evidence pointing to...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: what happens if a girl was making threats to you thru messages saying she will beat me up and in person she stops me so

so i slap her

James L. Arrasmith
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answered on Nov 20, 2024

Your actions could lead to serious legal consequences, even if she made threats first. In California, responding to threats with physical violence is generally not considered self-defense unless you were in immediate danger and had no other options.

Making threats through messages is...
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1 Answer | Asked in Criminal Law and Probate for California on
Q: Definition of fraud

The executor intends to sell his insterest in a property to a beneficiary at Current Fair Market Value. However, because the executor has not been acting (file estate taxes, pay property taxes, etc) for many, many years, the beneficiary wants to assess the damages and possible penalties before... View More

James L. Arrasmith
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answered on Nov 17, 2024

Your question touches on several important aspects of executor duties and potential fraud in California probate law.

The executor's failure to perform basic duties like filing estate taxes and paying property taxes for many years likely constitutes a breach of fiduciary duty, as...
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1 Answer | Asked in Criminal Law for California on
Q: Can a dv victim request for criminal charges filed against defendant on probation for child neglect failure to support

Defendant has wilfully neglected / abandoned his special needs child. By not providing any support / not paying court order child support since 2021 owes over $30000 in past due support payments he has abilities to pay as he he's his own construction business he also works under fake names to... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can request modification of probation terms in California, particularly when it involves child support and the welfare of a special needs child.

As the victim and custodial parent, you have the right to petition the court to modify the defendant's probation conditions,...
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1 Answer | Asked in Criminal Law for California on
Q: Can I possess a firearm whilst living in a household with a felon?

The firearm would be locked in a gunsafe and I, alone, would know the combination to it.

James L. Arrasmith
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answered on Nov 15, 2024

Under California law, you can legally own and possess firearms while living with someone who has a felony conviction, but you must take specific precautions to prevent the felon from accessing the weapons.

Your plan to keep the firearm in a gun safe with sole access to the combination is a...
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2 Answers | Asked in Criminal Law, Estate Planning, Federal Crimes and Stockbroker Fraud for California on
Q: I urgently need help w. fraud forgery & mismanagement of a Trust affecting my rights trustees accountable?

I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More

Julie King
Julie King
answered on Nov 15, 2024

Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

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1 Answer | Asked in Criminal Law for California on
Q: who do i call regarding an ongoing investigation into my uncles possible homicide, since i am his inheritor.

My uncle appears to maybe be the victim of a homicide. The police instagram places a suicide upgraded to a homicide for a man my uncles age in my uncles address block, and he has been incommunicado for a while. I am his inheritor, and judging by the investigators questions i might be the last... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this. You should reach out to a qualified attorney or your local law enforcement for assistance.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I recently was arrested when i refused to identify myself 8/31. Once fingerprinted, i was housed due to several warrants

When i appeared in court 9/2, they dismissed all the cases i had warrants for and i was released by the judge. After court however i wasn't released. Still incarcerated, a warrant issued for my arrest 9/4 Then i was brought back to court and the public defender had me sign a plea agreement for... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your situation raises serious concerns about proper legal procedure and your constitutional rights. What you've described suggests potential violations of your right to be informed of charges against you and your right to a timely arraignment.

In California, you should typically be...
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1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: If a large item is purchased, cancelled & refund issued yet company delivers item anyway are you obligated to return?

I ordered a very large item, called & asked when it would be shipped as I may have ordered the wrong size. I was given a specific date to cancel by. Yet when I called to cancel I was told the had shipped. I spoke with a manager who advised that personnel was not supposed to give a date to... View More

James L. Arrasmith
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answered on Nov 14, 2024

Under California law, when you receive merchandise you didn't order or that was delivered after a valid cancellation and refund, it's considered "unordered merchandise" and you can treat it as a gift.

Your situation fits this perfectly - you cancelled within the allowed...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for California on
Q: lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m

reached out to a lawyer through a friend, who claimed to specialize in company listings. He initially provided me with a draft contract that included a fee of $160,000, which I did not sign. I informed him that I would not pay such an amount, as the process would take too long and I could find... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2024

Hard to follow your fact pattern. You are saying he wanted to charge 160K but agreed to settle for 12K? AND then did not so agree? I think it's time you hire someone else to straighten it out. Perhaps you have someone in house on retainer if it is this large a business??? If not, perhaps you... View More

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1 Answer | Asked in Criminal Law for California on
Q: My cousins in prison in California but has sexual assault case in oregon.will they extradite him? He's to be released 16
James L. Arrasmith
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answered on Nov 14, 2024

In most cases, yes - Oregon can and likely will extradite your cousin once he's released from prison in California. Interstate extradition for serious charges like sexual assault is very common.

The process typically begins when Oregon files detainer paperwork with California...
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1 Answer | Asked in Criminal Law for California on
Q: A girl I met on Facebook wants me to come have sex with her but wants me to buy kids a gift card to keep them occupied

Is that illegal? She basically wants me to buy her kids a gift card to keep them from disturbing our sex session . Is she making an illegal request?

James L. Arrasmith
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answered on Nov 14, 2024

This situation raises multiple red flags that suggest potential criminal activity. You should immediately cease communication with this person and report the profile to Facebook.

This type of scenario is often associated with various criminal schemes, including human trafficking,...
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1 Answer | Asked in Criminal Law for California on
Q: Accused of Ro violation allegadly for messages x4 never came.in police contavt neve got arrested deteined questioned

Commisiomer pretrail tells.me.that i need to get booked and released if i dont go to police station and.booked and bring the paper back the same day he was going issued a bench warrent

What was the reason for that and would the case gone on without commisiomer forceing me to go to... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation sounds confusing and stressful. Let me help explain what's happening.

The commissioner is requiring you to be booked because it's part of the legal process - even if you weren't arrested initially, the court needs official documentation of your identity and...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: What is penal code 487 e PC
James L. Arrasmith
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answered on Nov 15, 2024

Under California law, Penal Code 487(e) PC deals with grand theft of animals, specifically the theft of certain domestic animals including horses, ponies, mules, cows, sheep, pigs, goats, or other farm animals valued at more than $950.

This offense is considered grand theft, which can be...
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1 Answer | Asked in Criminal Law for California on
Q: Is there a free attorney that can get a misdemeanor warrant lifted for new court date without person being detained
James L. Arrasmith
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answered on Nov 15, 2024

You have several options to address your warrant situation in Los Angeles County without risking detention. Public defenders can help with warrant recalls, but they typically can't represent you until you appear in court.

Consider contacting the Los Angeles County Public...
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