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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: out of jail on o.r fighting a case for over a year then my house was raided with no warrant is this illegal

One was later obtained hours after they went in my house without my consent

Dan Moseley
Dan Moseley answered on Jan 24, 2022

There are exceptions to the warrant requirement. Without one, evidence obtained as a result of a warrantless search of a residence is inadmissible in court. Whether an exception, or a valid warrant, made the search lawful cannot be determined without reviewing the facts of the incident, including... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: what happens if two kids in their 20’s get detained for suspicion of breaking in an old church, but then let go

so if two kids in their 20’s try to get into a what seemed to be abandoned church, get detained, then told to leave, can one still be arrested?

Joseph Abrams
Joseph Abrams answered on Jan 25, 2022

If they were only detained and let go without being cited at all, never further happens. Also, the incident should not appear in their automated criminal record since there was no arrest.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
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2 Answers | Asked in Criminal Law for California on
Q: Will I get drug tested for my first court date after being caught in possession of mushrooms as a minor?

It's my first time having trouble with the law. I was caught in possession of a small amount of psilocybin mushrooms a month ago when I was a minor. I'm an adult now, but I'm not sure if that makes any difference. Will I get drug tested on my court date?

John Karas
John Karas answered on Jan 21, 2022

It's unclear from your question whether you have a court date for Arraignment set and where. Check the citation or go online on the Orange County Superior Court website and type in your case number.

If charged as an adult, your case will likely be heard at the courthouse in...
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0 Answers | Asked in Criminal Law for California on
Q: They used my brothers juvie strike to enhance his sentence, is there any law that he can file to get his time reduced?

He is currently serving time in prison . He was 15 when his juvenile crime was committed a month later he turned 16 and thats when He pleaded guilty to it. They used that to double his time. Can He get a sentence reduction in court as of today?

0 Answers | Asked in Criminal Law for California on
Q: In county jail got in a fight, charges were filed while still in county waiting for prison bus never arraingned

In Oct of 2020 my SOgot in a fight in OCJ and the DA filed charges in July of 2021. He didn't leave OCJ until Aug if 2021 and he was never informed of new case. He is now back in prison and has open case with him listed as fugitive. Was his due process violated since he was in their custody... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for California on
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?

Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2022

You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... Read more »

Dan Moseley
Dan Moseley answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: can someone be arrested and kept in custody when there has been no evidence presented on the charges he was booked.

husband was arrested 3 years ago and remains incarcerated he has not been presented with the evidence incriminating him he has been told evidence was not booked.

Dan Moseley
Dan Moseley answered on Jan 17, 2022

When an in-custody felony defendant is not brought to trial within 60 days of his arraignment, the charges must be dismissed, unless there is a very good reason for a delay, or the defendant consents to a delay. Cal. Penal Code section 1382.

0 Answers | Asked in Criminal Law for California on
Q: How far back can prosecutors look to aggregate misdemeanor shoplifts to a felony shoplift if it is the same location?

If several shoplifts have occurred at the same retailer that have been under $950 by themselves but total over $950, how many years back can the prosecutor look to make a combined charge of shoplifting? In CA. Where does the statute of limitation arise, and can the prosecutor combine charges?

0 Answers | Asked in Civil Litigation and Criminal Law for California on
Q: I lost my license years ago in Memphis TN under a law I was deemed a habitual motor vehicle offender that was abolished

Some time in the 90's, I was told 2 get my license back if have 2 be reinstated by a judge there & make pymt arrangements on the fine but more recently I got a felony case I ended up leaving state on & now got felony warrants on in the same city. I want 2 know can I arrange 2 see the... Read more »

2 Answers | Asked in Criminal Law for California on
Q: first offense for driving a stolen car they offered my a deal for a felony conviction and 90 days what should I do ?

I had no idea it was stolen I was given the keys and I was going to bring the car back

Dale S. Gribow
Dale S. Gribow answered on Jan 14, 2022

Much more info is necessary.

If you have rec’d an offer, you must have had a lawyer.

S/he has all the info and is in the best position to advise you.

Any lawyer on line will not have enough. You

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2 Answers | Asked in Criminal Law for California on
Q: What is a delayed sentancing hearing?

Is that part of the normal sentancing process?

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

Sentencing hearing dates are set based on the needs of the court, the parties, and the type of case it is. Without knowing anything about the case, it's impossible to say why the hearing would have been scheduled as a delayed hearing.

- Law Office of Joseph Abrams, Anaheim, CA

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0 Answers | Asked in Criminal Law for California on
Q: If my minor child case was dismissed do I have to pay the store restitution that was never ordered by the court?

My 17-year-old daughter was detained for felony theft, she was with a group of people and was the only one detained. They took the total amount of merchandise that was over $4000 and attempted to charge her for all the stolen items. The judge dismissed her case in October so I assumed it was over... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

0 Answers | Asked in Copyright, Criminal Law and Federal Crimes for California on
Q: I posted some videos of myself on YouTube when I was 16 that got reposted onto porn websites. Could I be arrested?

They were reposted onto porn websites without my permission. I wasn’t nude in any of them.

2 Answers | Asked in Criminal Law for California on
Q: What if someone imports drugs from out of country?
Dale S. Gribow
Dale S. Gribow answered on Jan 12, 2022

more info is needed....but it would be illegal.

were you my client, I would advise you not to discuss something you might do that is illegal on an OPEN FORUM.

all this is discoverable and can be used against you.

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?
Dan Moseley
Dan Moseley answered on Jan 12, 2022

The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess... Read more »

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