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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: How will they check up on my classes during an early termination hearing?

I have been doing a class during probation but have been struggling with it. It’s at your own pace with no instructor to talk to.

Will the da go to the school and find out about how I’m doing and ask about me, or will they just want some proof from me that I’ve been doing the course... View More

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answered on Jul 26, 2024

During an early termination hearing, the court will likely require proof that you've been participating in your class as part of your probation conditions. This proof can typically be provided through official documentation from the school or program. The District Attorney (DA) will not... View More

1 Answer | Asked in Criminal Law, Civil Rights and Lemon Law for California on
Q: I GOT SCAMMED AND I NEED HELP

I purchased a Black 2017 Honda Civic EX-L Hatchback on June 28th at 2:10 PM with no car title for $14,000 from a man named Rick.

The seller had no title, told me to go to the DMV with these forms he gave me such as Proof of Smog Certificate/Receipt,

DMV Bill Of Sale Signed, & a... View More

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answered on Jul 25, 2024

First, gather all the documents you received from the seller, including the Proof of Smog Certificate, DMV Bill Of Sale, and DMV Title Replacement Form. Keep a record of all communications with the seller and CarMax. This will be crucial evidence when reporting the fraud.

Next, contact the...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If you're arrested in retaliation for filing a complaint, how do you present that during your case/trial to the court?

I had a warrant out for the past 5 years that the sfpd ignored, never acting on it. 1 month after filling complaint about an officer who filed my 2016 vehicular assault as a 'traffic collision' I then suddenly get arrested for the warrant and the first cop to greet me at the station is... View More

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answered on Jul 25, 2024

To present your case effectively in court under California law, you should first gather and document all relevant evidence. This includes keeping copies of your complaint, any correspondence, and notes about your interactions with the police, especially the officer you filed the complaint against.... View More

1 Answer | Asked in Criminal Law for California on
Q: We had n iron clad prenup “no guns” after 10 years step father, snuck a gun in 5’ away from him, he suicided

But three days bf he died he came to get me wanting to tell me something he said “if Dave ever hits you or me, or one of the little kids I’m going to take his gun and blow his head off, he said, “Mom when you go to work at night he comes and wakes us up and makes us go out into the garage... View More

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answered on Jul 25, 2024

I'm so sorry you're going through this. In California, determining whether a death qualifies as negligent homicide involves evaluating whether someone acted in a way that was reckless or careless, leading to another person's death. For your son's case, it would need to be proven... View More

1 Answer | Asked in Criminal Law for California on
Q: We had n iron clad prenup “no guns” after 10 years step father, snuck a gun in 5’ away from him, he suicided

But three days bf he died he came to get me wanting to tell me something he said “if Dave ever hits you or me, or one of the little kids I’m going to take his gun and blow his head off, he said, “Mom when you go to work at night he comes and wakes us up and makes us go out into the garage... View More

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answered on Jul 25, 2024

I'm so sorry you're going through this. In California, determining whether a death qualifies as negligent homicide involves evaluating whether someone acted in a way that was reckless or careless, leading to another person's death. For your son's case, it would need to be proven... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Criminal Law for California on
Q: If I'm only supposed to be tested weekly for only alcohol, what can I do if I'm now getting drugged tested?

My case is in san mateo county. This is my first offense.

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answered on Jul 24, 2024

If you were informed that you would only be tested for alcohol and now you're being drug tested, it's important to address this discrepancy promptly. You should review any documents or agreements related to your case to confirm what was originally stated regarding the testing... View More

1 Answer | Asked in Criminal Law for California on
Q: can 'non violent' felons in NY state with 'certificate of relief from disabilities' purchase firearm in California?
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answered on Jul 24, 2024

In California, firearm laws are very strict. Even if you have a Certificate of Relief from Disabilities in New York, it doesn’t automatically grant you the right to purchase a firearm in California. California law imposes its own restrictions on firearm ownership for felons.

You must...
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1 Answer | Asked in Criminal Law and International Law for California on
Q: How can the documents received as reply to a discovery following a court order by certified/notarized/apostilled?

Hello, I want to find out that if an institute has been subpoenaed to provide relevant documents to an attorney representing a client, and the same have been sent to him on email, how can we get these documents certified/notarized/apostilled to be used as legal documents in a foreign country? The... View More

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answered on Jul 24, 2024

To get the documents certified, notarized, or apostilled, you should first print the documents received via email. Once printed, take the documents to a notary public in California. The notary can certify the authenticity of the documents by adding a notarial certificate.

If you need the...
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1 Answer | Asked in Contracts, Criminal Law, Immigration Law and Small Claims for California on
Q: Cosigner was removed from Title by Bank. He left the state and won't return the car.

Does someone who used to own a car, still have any rights after a title change?

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answered on Jul 23, 2024

You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for California on
Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on
Q: The statue of limitations for various offensrs, including deceipt , perjury, non disclosures thievery with a mistress co

In the process of a workers comp case which included mental health and being followed daily then I filed divorce and he became a sheriff by lies on both cases he and his mistress took all and continue lies

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answered on Jul 22, 2024

In California, the statute of limitations varies depending on the specific offense. For fraud, including deceit and non-disclosures, the statute of limitations is generally three years from the date the fraud was discovered. If you believe you were deceived during your workers' compensation... View More

1 Answer | Asked in Consumer Law, Criminal Law, Immigration Law and Appeals / Appellate Law for California on
Q: 11 year old Misdemeanor petty theft reduced to infraction charge. Pleaded No Contest. Can it still be expunged?

After i turned 18, about 11 years ago. I was charged for a misdemeanor for petty theft by my employer for a $30 shirt. we were required to wear an orange shirt but i never owned one coz i didnt like the color. I ended up trying one out in the fitting room and wearing it throughout my shift, and... View More

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answered on Jul 22, 2024

Yes, you can potentially have your infraction expunged in California. Since it has been over 11 years, and considering you pleaded no contest and paid the fines, you meet some of the basic eligibility requirements for expungement under California law.

Expunging your record can provide...
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1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Can I sue the CHP for false imprisonment? I was arrested for DUI. County case dropped, DMV charge stands.

In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More

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answered on Jul 21, 2024

Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More

1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Criminal Law for California on
Q: For child molestation, if I turn myself in would the victim be involved

This happened in December 2023, he was a 5 year old foster child and he's no longer the in my family's home

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answered on Jul 20, 2024

Turning yourself in for a serious crime like child molestation is a significant step, and it will have legal consequences. The authorities will investigate the case thoroughly, and this may include speaking with the victim to gather all necessary information. Since the incident involved a minor,... View More

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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