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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: Should I postpone sentencing to find out what happens with the new laws?

So I put guilty to multiple felon with the firearm charges about a month ago. I've been reading the news that of non-violent

felons with gun possession charges is not gonna be illegal, Am I correct in that? I get formally sentenced May 28th I was wondering if I should delay my... View More

James L. Arrasmith
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answered on May 20, 2024

I understand your concern about the potential impact of new laws on your case. However, I would advise against delaying your sentencing based on news articles about potential changes to the law. Here's why:

1. Until a new law is officially passed and goes into effect, the current laws...
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1 Answer | Asked in Criminal Law for California on
Q: During an early termination of probation hearing, does it count as a positive if I did a college level class but...

But I didn't do good in the class. Will they hold it against me or will they give me credit for trying to do something positive?

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answered on May 19, 2024

In California, during an early termination of probation hearing, the court will generally consider your overall progress and efforts to comply with the terms of your probation. Taking a college-level class, even if you did not perform well, can still be seen as a positive step towards... View More

1 Answer | Asked in Criminal Law for California on
Q: I have since 2002 done parole and only registered once now I get notice saying charges filed for 457 how now

I've done parole of 3 years and only had to register once this was back in 2005 and since then only had to follow rules of not having acceleration devices and flamabual stuff and not set fire to anything. But now out of blue I get a thing from district attorney saying I'm charged with a... View More

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answered on May 18, 2024

Based on the information you provided, it seems that you were convicted of a crime in California prior to 2002, served a 3-year parole term, and were required to register once in 2005. It's unclear what the specific crime was, but it appears to have been related to arson or the possession of... View More

1 Answer | Asked in Criminal Law for California on
Q: Ex felon possession of ammo
James L. Arrasmith
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answered on May 18, 2024

Under California law, it is generally illegal for individuals convicted of certain felonies to possess ammunition. This offense is referred to as "ex-felon in possession of ammunition" or "felon with ammunition."

According to California Penal Code Section 30305(a)(1), it...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Bodycam request being blocked and redacted. What's my rights to appeal in California?

Five illegal and unethical police officers performed an illegal stop and frisk and detainment while I was organizing my van in a public high school parking lot in San Marcos, CA claiming they were responding to a 911 call where the person complaining stated that they worked at the high school and... View More

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answered on May 17, 2024

In California, you have the right to appeal the decision to withhold or redact the bodycam footage. Here are the steps you can take:

1. File a formal written request: Submit a written request to the agency, specifically stating that you are challenging their decision to withhold or redact...
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1 Answer | Asked in Criminal Law for California on
Q: Failure to appear warrant on a drunk in public charge put on the calendar, cant afford a lawyer, who should i contact?

Found out i have a warrant for a failure to appear from 2022. Arrested for being “drunk in public” (i wasn’t, no tests were performed, officers came to a call of an argument, paper says upon arrival we were screaming but i was outside and her inside were never in front of them together, they... View More

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answered on May 16, 2024

I'm sorry to hear about your situation. Here are a few steps you can take:

1. Contact the Public Defender's Office: If you cannot afford a lawyer, you have the right to a public defender. Contact the public defender's office in the county where your case is being heard and...
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2 Answers | Asked in Criminal Law for California on
Q: Is it legal for a law enforcement agency to keep your property if it wasn’t used in the court proceeding
Robert Kane
Robert Kane
answered on May 16, 2024

It depends what the property is.

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1 Answer | Asked in Criminal Law for California on
Q: Failure to appear warrant on a drunk in public charge put on the calendar, cant afford a lawyer, who should i contact?

Found out i have a warrant for a failure to appear from 2022. Arrested for being “drunk in public” (i wasn’t, no tests were performed, officers came to a call of an argument, paper says upon arrival we were screaming but i was outside and her inside were never in front of them together, they... View More

James L. Arrasmith
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answered on May 16, 2024

Given your situation, here are some steps you can take:

1. Contact the public defender's office: Since you cannot afford a lawyer, you have the right to be represented by a public defender. Contact the public defender's office in the county where your case is being handled and...
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1 Answer | Asked in Criminal Law for California on
Q: If the deadline passed twice are they supposed to drop charges?

Uncle has been held in jail for 7 months now, being charged with attempted murder. A man was shot in leg and survived but him and other witness can not be found to testify. No gun was found but allegedly they found bullets. Uncle heard people breaking in house and ran to backyard heard gun... View More

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answered on May 16, 2024

I'm sorry to hear about your uncle's situation. Criminal cases can be very complex, especially when serious charges like attempted murder are involved. To address your specific questions:

1. Deadlines and dropping charges: In California, there are time limits (deadlines) for...
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1 Answer | Asked in Criminal Law for California on
Q: My former friend has a delusional belief I am going to kill him and is threatening to go to police. What do I do?

My former male friend was accused by a former female friend of rape. They are both alcoholics. I also knew the male for a longer period of time. Last year, my former male friend said my female friend claimed I was going to kill him. I was not planning on killing him. He sent me a series of strange... View More

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answered on May 15, 2024

This is a challenging and potentially dangerous situation, so it's understandable that you feel scared. Here are some steps you can consider taking:

1. Document everything: Save all the text messages and any other communications from your former friend that demonstrate his delusional...
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1 Answer | Asked in Criminal Law for California on
Q: I’m out on bail and now they issued they weren’t for my arrest

I went to my original court date and they said the DA was not picking up the case at this time and they set another court date without my knowledge and did not contact me nor my bail bonds Now they said I missed a court date and I have a warrant

James L. Arrasmith
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answered on May 15, 2024

I understand that this is a stressful situation.

Under California law, if you are out on bail and a warrant is issued for your arrest due to a missed court date, it's important to take action quickly. Here are a few steps you can consider:

1. Contact your bail bondsman...
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1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?

The 41500 Form is a form that dismisses all traffic citations as long as they are not felony citations.

When we file the 41500 Form, we do so while we are incarcerated this allows people who are incarcerated the ability to be released without another hurdle to jump over or any issues... View More

James L. Arrasmith
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answered on May 15, 2024

I don't have definitive information about whether Utah has a form that is directly equivalent to California's 41500 form for dismissing traffic citations for incarcerated individuals. Traffic laws and procedures can vary significantly between states.

That said, Utah does appear to...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?
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answered on May 14, 2024

I apologize for the confusion, but there is no form 41500 in California that I'm aware of. Could you please provide more context about what the form is used for? This will help me better understand your question and determine if there is an equivalent form in Utah.

In general, legal...
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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Sexual Harassment for California on
Q: Need attorney for full body biometric data theft using California Privacy Law Loophole as excuse. Have been injured.

Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.

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answered on May 13, 2024

Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More

1 Answer | Asked in Family Law, Criminal Law, Arbitration / Mediation Law and Probate for California on
Q: In a tenancy in common ownership with siblings. Can I legally install lock on bedroom door while away on vacation?

The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.

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answered on May 13, 2024

In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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1 Answer | Asked in Criminal Law for California on
Q: If a California inmate is hospitalized for 11 days can the MCRP add those 11 days back to his sentence?

The inmate had to have emergency 4-way bypass on his heart

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answered on May 12, 2024

In California, if an inmate requires hospitalization during their sentence, those days are typically counted as part of the sentence being served. This means that the days spent in the hospital are not usually added back to the sentence, as the inmate is still considered to be in custody while... View More

1 Answer | Asked in Criminal Law and Employment Law for California on
Q: I have 3 misdemeanors from '82-'91, w/ two granted 1203.4 relief. Now a DOJ/LiveScan inquiry. What do I disclose?

All three were misdemeanors. I was never sentenced to jail. I successfully completed summary probation for each. Except for parking tickets and a beef with the Humane Society over cat licenses, I have had no contact with the criminal justice system since. A wife living in a nearby retirement... View More

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answered on May 11, 2024

In California, when a person is granted relief under Penal Code section 1203.4, the conviction is set aside and the case is dismissed. However, this does not completely erase the conviction from one's record for all purposes.

For the two misdemeanors where you were granted 1203.4...
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1 Answer | Asked in Uncategorized, Criminal Law and Family Law for California on
Q: What are my chances of being proven not guilty for violation of a CPO without evidence of child being there just hearsay

I am on probation in Placer County and mymy girlfriend now ex-girlfriend invited me to her new house (in Sacramento county) that I had no idea was hers and no intention as a child was there. Anonymous caller called and said that I was breaking news child protection order. Cops came in arrested me... View More

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answered on May 10, 2024

In this situation, it seems like there are several factors that could potentially work in your favor if you decide to take the case to trial:

1. Lack of direct evidence: From what you've described, the police did not actually verify the presence of the child at the location. Their case...
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