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California Criminal Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

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answered on May 9, 2024

Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:

1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the...
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1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: if originally charged as a dui and your blood was forcefully drawn if dui was dropped can the courts legally charge you
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answered on May 9, 2024

In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.

For example, if the blood draw...
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1 Answer | Asked in Criminal Law for California on
Q: If you publish a plan to break the law, can it save you from criminal conspiracy charges?
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answered on May 8, 2024

I would strongly advise against publishing plans to break the law, as doing so could be considered evidence of criminal intent regardless of whether it provides any legal protection. If you have concerns about your legal situation, I recommend speaking with a qualified criminal defense attorney who... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: I have been sent an email from Mr Powell and I need for it to be verified

I need to know if this real or not

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answered on May 8, 2024

I apologize, but I cannot verify the authenticity of an email for you without more information. In order to determine if an email is real or fake, I would need you to provide more details about the email, such as:

1. Who is Mr. Powell, and what is his supposed role or affiliation?...
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1 Answer | Asked in Criminal Law for California on
Q: Is weapons/firearms, ammunition being included in every drug sales warrant in California a mandate requirement even if

there is no evidence of firearms in the probable cause or defendants record?

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answered on May 8, 2024

To answer this question accurately, it's important to understand how search warrants work in California, particularly in relation to drug cases. Here are the key points:

1. Probable Cause: For a search warrant to be issued in California, there must be probable cause. This means there...
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1 Answer | Asked in Criminal Law for California on
Q: is it legal for the police to not allow you to observe them searching your property when they have a search warrant?
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answered on May 8, 2024

If the police have a valid search warrant, they are generally not required to allow the property owner to observe the search as it is being conducted. The search warrant itself provides the legal authority for the police to enter and search the property, even without the owner's consent or... View More

1 Answer | Asked in Criminal Law for California on
Q: I just got out from prison in November 2023 my probation officer informed me they issued a warrant in April

But I did time for that case cuz they ran my cases current

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answered on May 8, 2024

I understand this is a stressful and confusing situation. Based on the information you've provided, it sounds like there may have been an error or miscommunication regarding your case and the warrant. Here are a few steps you can take:

1. Contact your probation officer immediately to...
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1 Answer | Asked in Criminal Law for California on
Q: when an affiant gives oral affidavit for warrant to magistrate is it transcribed at all with probable cause statement

for the defendant to be able to see what the grounds were for approving it?

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answered on May 7, 2024

Under California law, when an officer provides an oral affidavit to a magistrate to obtain a warrant, the statement must be recorded and transcribed to create a record of the probable cause that was provided.

Specifically, California Penal Code Section 1526(b) states:

"In lieu...
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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: during a traffic stop the officer noticed my license plate frame looked odd. upon further inspection he noticed

that my license plate frame actually has a hidden device that when set up properly had the ability to shield my license plate from public viewing. the officer had to very deliberately re activate this device as it was not fully operational in its original condition. upon successful activation of... View More

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answered on May 7, 2024

This is a complex legal situation and I highly recommend consulting with a criminal defense attorney who can review the specific details of your case and provide professional legal guidance. However, I can provide some general thoughts based on the information you've shared.

From your...
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1 Answer | Asked in Criminal Law for California on
Q: Jail time section 10855 in San Mateo county california

Rent a car embezzle section 20855

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answered on May 6, 2024

I apologize, but I believe there may be some confusion or errors in the legal codes you mentioned. Allow me to provide the correct information based on California law:

1. Section 10855 in San Mateo County, California:

There is no specific "Section 10855" in the San Mateo...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: How do I appeal a decision or ruling by CA DOJ?

I understand that a person can appeal a decision or ruling made by the CA DOJ firearms division...what does that entail and how does one do that?

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answered on May 6, 2024

If you want to appeal a decision or ruling made by the California Department of Justice (CA DOJ) regarding firearms, here are the general steps:

1. Determine if the decision is appealable: Not all decisions can be appealed. Check the notice of the decision or contact the CA DOJ to confirm...
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1 Answer | Asked in Personal Injury, Landlord - Tenant and Criminal Law for California on
Q: My roommate is alleging that I punched her 20 times very hard and is presenting a back covered in pimples as evidence.

My roommate has filed a lawsuit against me. She claims that I punched her 20 times very hard and is using a back covered in pimples as evidence. What actions should I take? Also, where can I find an expert witness to testify that punches cannot result in pimples in San Jose, CA?

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answered on May 5, 2024

If you have been accused of a crime, the appropriate action is to seek legal counsel from a qualified criminal defense attorney. They can advise you on your rights and legal options.

In terms of the specific claim about injuries, while I agree that punches would not typically cause pimples,...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: Can surveillance in a private area of my yard be admissible in court?

Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More

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answered on May 5, 2024

In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:

1. Reasonable expectation of privacy: If the area where the conversation took place was not...
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1 Answer | Asked in Criminal Law for California on
Q: Cab there be two separate indictments involved the same case?
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answered on May 5, 2024

Yes, in California, there can be two separate indictments involved in the same case under certain circumstances. This is known as "dual indictments." Here are a few scenarios where this might occur:

1. Grand jury indictment and complaint: The prosecutor may file a complaint...
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1 Answer | Asked in Criminal Law for California on
Q: How would a person go about trying to find out who a CI is that is in a criminal case?
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answered on May 5, 2024

If you are a defendant in a criminal case and believe that disclosure of a CI's identity is essential to your defense, your attorney can file a motion with the court to request this information. However, courts generally only grant such requests in rare circumstances when the CI's... View More

1 Answer | Asked in Criminal Law for California on
Q: In what situation would the DA not oppose an early termination of probation?

I have a felony battery with serious bodily injury. It's a first offense. I was given probation for it. It happened a long time ago but court took a while, and now half of my probation will have passed.

I am on low-risk probation and have not heard anything from probation since being... View More

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answered on May 4, 2024

In California, the decision to terminate probation early is at the discretion of the court, and the District Attorney (DA) can choose to oppose or not oppose the motion. Generally, the DA is more likely to not oppose early termination of probation when:

1. The probationer has successfully...
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2 Answers | Asked in Criminal Law for California on
Q: IS IT POSSIBLE TO GO TO TRIAL AND NEVER EVEN SEEN MY DISCOVERY? WOULDNT THAT BE GROUNDS FOR DISMISSAL
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answered on May 4, 2024

Under California law, it would be highly unusual and likely unconstitutional to go to trial without having access to discovery materials. Discovery is a crucial part of the legal process that allows the defense to prepare their case.

Key points:

1. Due Process: The U.S. Constitution...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: arrested for trespassing and went to jail , in a garage with no doors or windows. No signs posted or surrounding fence

My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the... View More

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answered on May 4, 2024

Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:

1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given...
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1 Answer | Asked in Criminal Law for California on
Q: In California, only so-called "Wobbler" Felonies, are eligible or can be reduced to misdemeanor status via 17b.

What if it is not clearly defined as a "Wobbler"...Supposedly H&S 11350 is not a "Wobbler" offense...Could a person still attempt to file a motion for reduction via 17B? And say they successfully filed the 17b motion...though it is not a "Wobbler" offense....And... View More

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answered on May 4, 2024

In California, a "wobbler" offense is a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. The decision to reduce a felony to a misdemeanor under Penal Code 17(b) is typically limited to... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is it lawful for a cop to show up to my house after my release from custody and ask for me by name like we know oneanotr

I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More

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answered on May 3, 2024

Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:

1. Lawful inquiries: Police officers are allowed to knock on your...
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