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California Criminal Law Questions & Answers
2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
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1 Answer | Asked in Criminal Law for California on
Q: I have two conflicting court cases going on, can they be brought up to assist in either? Eviction and Felony Dv.

I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for the 22nd. At the same time, I’m currently involved as the victim with my partner, who also lives... View More

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, it's crucial to address both the eviction and the felony domestic violence case, as they can impact each other. While the cases are separate in the eyes of the law, the facts from one might influence the outcomes of the other. It's essential to communicate your... View More

1 Answer | Asked in Criminal Law for California on
Q: Can a police officer posing as a dealer on Facebook tell you that you are under arrest without a deal being made?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, law enforcement officers can conduct undercover operations online, including posing as dealers on platforms like Facebook. However, for an arrest to be made, there typically needs to be evidence of a crime, such as an agreement to buy or sell illegal substances. Simply... View More

2 Answers | Asked in Criminal Law for California on
Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, there are several avenues you might explore to contest the charges and the circumstances of the traffic stop and subsequent search. If the reason for the stop was allegedly due to a non-functioning tail light, but all your tail lights are working, this discrepancy could be... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: can a person be convicted at the age of 19 for murder and no evidence and no due process in texas

they confessed only by detectives pressure tatctics and recieved a 50 yr sent in tx

James L. Arrasmith
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answered on Mar 19, 2024

If someone at the age of 19 in Texas is accused of murder but there's no evidence beyond a confession, it's crucial to understand that due process is a fundamental right under the U.S. Constitution. Due process means that before being deprived of liberty, a person is entitled to a fair... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
James L. Arrasmith
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answered on Mar 19, 2024

You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More

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2 Answers | Asked in Criminal Law for California on
Q: what do I do if Local PD and Neighborhood watch over surveillance me and harass me and sent me 51/50?

My primary Physican , my back , my company , and my social media has been hacked and I have documentation . What do I do I went to IC3 , FTC and local PD but they sent me 51/50 .

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you believe you are being wrongfully surveilled or harassed by local law enforcement or a neighborhood watch, you should document all instances of such behavior. This includes dates, times, descriptions of incidents, and any interactions you have had with these parties.... View More

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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: California court case it’s on pending but no date court date?

C

William John Light
William John Light
answered on Mar 18, 2024

What is your question? Typically, the court sets a Case Management Conference with the Complaint is filed. If there is no date set, you will probably need to consult with an attorney to find out why. However, the bigger question is what you hope to achieve by suing someone without insurance (I... View More

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1 Answer | Asked in Criminal Law for California on
Q: Hi, does the government have to tell me why criminal charges have been dropped or dismissed?

How could I find out why they were dropped?

James L. Arrasmith
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answered on Mar 16, 2024

Under California law, the government is not required to provide a detailed explanation to the defendant about why criminal charges were dropped or dismissed. However, the dismissal itself is a matter of public record, and the reason for the dismissal might be mentioned in court documents or during... View More

1 Answer | Asked in Criminal Law for California on
Q: Chances of getting an early termination of probation

I am going to be half way through my probation. I was put on low risk status half a year ago. I am a first time offender arrested for a felony battery with serious bodily injury. I have no new charges or violations. I have paid all I need to pay. I have been taking a college level information... View More

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answered on Mar 16, 2024

In California, obtaining an early termination of probation is possible, particularly for those who have demonstrated good behavior, complied with all probation terms, and shown efforts towards rehabilitation, as you have. Being halfway through your probation with a record of compliance, engaging in... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How can I try to get someone facing felony DV charges into substance abuse treatment instead of jail time as the victim?

We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More

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answered on Mar 15, 2024

In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

1 Answer | Asked in Criminal Law for California on
Q: can you get my son out of prison early after 24 years

he has been in prison going on 24 years as a teen offinder he has done over half now they over sentenced him at first his legal aid was disbarred he has a mental disorder they wont let him out i think because of that. he shot a taxi driver when he was high on alchol and drugs he did not kill the... View More

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answered on Mar 14, 2024

Under California law, there are several avenues you might explore to seek an earlier release for your son, given his circumstances and the length of time he has already served. If his legal representation was disbarred, it might indicate issues with his defense, which could be grounds for seeking a... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I got this Charge THEFT/UNAUTHD CONTROL/>50-I got Withhold Judgment/2nd ChangeCan I get my insurance license. With

I satisfied all of the conditions and I’m trying to get my insurance lic in California. Will this keep me from it

James L. Arrasmith
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answered on Mar 13, 2024

In California, having a criminal record does not automatically disqualify you from obtaining an insurance license. However, the California Department of Insurance (CDI) will review your application and consider the nature, severity, and circumstances of your offense, as well as evidence of... View More

1 Answer | Asked in Criminal Law for California on
Q: Can someone explain what it means by do not use on an old case of mine?

These are from 2010

Count 1 [Type/F] **DO NOT USE, USE HS 11379(A)>2021** / DISM - FURTH. OF JUSTICE

Count 2 [Type/M] (DO NOT USE - INVALID 11/5/14) POSSESS CONTROLLED SUBSTANCE / PLED GUILTY - 859A PC

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a criminal case from 2010 with two counts:

Count 1: This count was initially charged under a certain code section (which is not clearly specified in the details you provided). However, the note "DO NOT USE, USE HS...
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1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: eviction my 53 year old son

who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More

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answered on Mar 13, 2024

In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:

1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a...
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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first

Nors  Davidson
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answered on Mar 11, 2024

Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More

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2 Answers | Asked in Criminal Law for California on
Q: What is low risk probation?

My po told me he's moving me to low risk and I will no longer have to go in to probation. He said I'll be able to call in or report in online. Will I need to talk to someone on the phone and report what I've been doing, and is this still considered supervised and formal probation?

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answered on Mar 11, 2024

In California, low-risk probation, also known as "summary probation" or "informal probation," is a type of probation typically reserved for individuals convicted of less serious offenses or those deemed to have a low risk of reoffending. Here are some key points about low-risk... View More

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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