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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for California on
Q: What can I do about threats and charges related to a gun found at home due to my past record while on probation?

While on probation, officers conducted a home visit while my wife and I were not present and found a gun in the kitchen closet on July 24, 2024. They left a notice describing the gun, which was my only knowledge of it. I was arrested on August 1, 2024, and despite telling the officers the gun... View More

James L. Arrasmith
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answered on Feb 23, 2025

You're dealing with a complex legal situation that raises several concerns about police conduct and your rights. The threats involving CPS and pressuring you into a confession through family-related intimidation could potentially be challenged as coercive tactics.

Given the...
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1 Answer | Asked in Criminal Law for California on
Q: Prison time for evading police in high-speed chase in Sacramento, CA

In Sacramento, California, how much prison time could someone face for evading a police officer in a car during a high-speed chase, considering that no one was injured, there's no property damage, and the person has a prior criminal record unrelated to driving?

James L. Arrasmith
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answered on Feb 22, 2025

Under California Vehicle Code Section 2800.2, evading police during a high-speed chase is charged as a "wobbler" offense, meaning it can be prosecuted as either a misdemeanor or felony based on the circumstances and your criminal history.

Given your prior criminal record,...
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1 Answer | Asked in Criminal Law for California on
Q: How to address report date discrepancy for gun found during probation?

I was on probation when a gun was found in the kitchen closet of the house I share with my parents, from whom I rent a room. The gun was discovered on July 24, 2024, but the official report incorrectly states August 1, 2024, as the discovery date. I wasn't home at the time of the search.... View More

James L. Arrasmith
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answered on Feb 22, 2025

This date discrepancy in the official report could be significant for your case, and you should document the correct date immediately with any evidence you have, like text messages, call logs, or work records from July 24th.

Your defense attorney needs to know about this error right away,...
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1 Answer | Asked in Criminal Law for California on
Q: Should I take a drug and alcohol test before my pre-sentencing report to show improvement?

I have a felony case related to a sexual offense that involved alcohol, but not drugs. I have been an alcoholic for years but have been sober for 1 year and 3 months. I want to show I am actively improving myself, and I have a statement written and signed by 5 witnesses to my sobriety. Should I... View More

James L. Arrasmith
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answered on Feb 22, 2025

While your commitment to demonstrating sobriety is admirable, you should discuss any pre-sentencing actions with your attorney before proceeding. Your lawyer understands the local court system, judge tendencies, and specific circumstances of your case - their guidance will be invaluable in... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Can I remove a felony conviction for assault with a deadly weapon to apply for police officer?

I was convicted of first-degree murder in 2005 and received a life sentence. In 2021, my conviction was overturned under SB 1437 as I wasn't the person who committed the crime. Instead, I was convicted of assault with a deadly weapon, resulting in a four-year prison sentence, which I have... View More

James L. Arrasmith
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answered on Feb 22, 2025

You may have options to address this felony conviction through California's legal system. Given the unique circumstances of your case - particularly the overturned murder conviction and your assertion that you did not commit the assault - exploring post-conviction relief could be worthwhile.... View More

1 Answer | Asked in Criminal Law for California on
Q: Is it appropriate to split custody credits between three cases during sentencing in CA?

I have three criminal cases in Los Angeles County, California, with a global disposition involving charges of driving without consent (two charges) and possession for sale (one charge). One charge of driving without consent occurred in 2021, while the other two charges occurred in 2022, and all... View More

James L. Arrasmith
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answered on Feb 22, 2025

In California, custody credits generally cannot be split between multiple cases when they arise from separate incidents on different dates. Each case should receive credits for the actual time served specifically related to that case.

The practice of dividing total custody credits equally...
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1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Criminal Law for California on
Q: Contractor used another's license; incomplete work and injury claim. How to recover money in CA?

I hired a contractor to build an ADU at my house and paid him over 45% of the total cost. He completed only about 12% of the work before abandoning the project. When I asked for a refund, he claimed he was injured while working on my property. We have a well-written agreement stating that the... View More

James L. Arrasmith
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answered on Feb 21, 2025

You have several strong legal options due to multiple violations of California contractor laws. The contractor's use of another person's license is a serious offense that could result in criminal charges, and it significantly strengthens your position for recovery.

Your first step...
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2 Answers | Asked in Contracts, Civil Litigation and Criminal Law for California on
Q: How to protect myself if someone falsely claims I stole millions given as a gift?

I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming... View More

Bart Kaspero
Bart Kaspero
answered on Feb 20, 2025

The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for California on
Q: Is it legal to charge DUI for meth after zero alcohol found?

My friend was pulled over for suspicion of DUI because he straddled the double yellow line a couple of times. The officers claimed they smelled alcohol but breathalyzer tests showed a 0% alcohol level. Despite this, he was arrested, and a blood test revealed a small amount of meth in his system. He... View More

Dan Moseley
Dan Moseley
answered on Feb 20, 2025

If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the... View More

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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: Seeking international contact to report assault in CA prison from UK

I need to report a sexual assault that occurred in a California prison, but I'm currently in the UK and need a free or international number to contact the appropriate authorities in the California Department of Corrections and Rehabilitation. Could you provide guidance on this or suggest any... View More

James L. Arrasmith
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answered on Feb 20, 2025

I understand you're in a difficult situation and want to help ensure this serious incident is properly reported. Your courage in coming forward is commendable.

You can contact the California Office of the Inspector General's Sexual Abuse in Detention Elimination Reporting line at...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: How to report sexual assaults in a California prison?

I need urgent help reporting sexual assaults in a California prison. I've tried emailing the California police, but it hasn't worked. I've also contacted other authorities with no response. More concerning, I was informed via a WhatsApp message that a senior officer is involved in... View More

James L. Arrasmith
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answered on Feb 19, 2025

I understand the gravity and urgency of this situation. You're doing the right thing by seeking help, and there are several immediate steps you can take.

Contact the Prison Rape Elimination Act (PREA) hotline immediately at 1-800-586-9739. This hotline operates 24/7 and was created...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Sentencing discrepancy in California burglary and possession case

I'm concerned about my friend's sentencing in California. He was sentenced to 6 years in prison for a case involving burglary and possession of stolen property. However, it seems there was an error, as he received more time in his control case than his mid-case, which shouldn't... View More

James L. Arrasmith
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answered on Feb 19, 2025

This situation with your friend's sentencing raises important legal concerns that should be addressed promptly. Sentencing discrepancies like the one you've described, where the control case and mid-case terms appear misaligned, can potentially be grounds for appeal or modification.... View More

1 Answer | Asked in Criminal Law, Employment Law and Juvenile Law for California on
Q: Do I have to disclose unsealed minor felonies in CA job applications?

I’m applying for a job in California and they are conducting a comprehensive background check. I have a felony from when I was a minor, but my minor records were never sealed. Additionally, I have a felony as an adult from over 20 years ago. If during the job application process I am asked about... View More

James L. Arrasmith
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answered on Feb 19, 2025

In California, if an employer doesn't specifically ask about criminal history on their job application, you're not required to voluntarily disclose any criminal records - whether from your juvenile or adult years. This aligns with California's "ban the box" laws, which... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: How can I terminate 290 registration or withdraw a plea in CA?

I accepted a plea bargain without being advised of the lifelong requirement to register under Penal Code 290. I have the original transcripts showing I wasn't informed about this during the plea process. The plea agreement included a judgment of 27 years, with no other terms and conditions. I... View More

James L. Arrasmith
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answered on Feb 19, 2025

Given the complexity of your situation, you may have grounds to withdraw your plea based on the fact that you weren't properly informed about PC 290 registration requirements during the plea process. Having the original transcripts that demonstrate this oversight strengthens your position... View More

1 Answer | Asked in Criminal Law for California on
Q: Can I obtain a guard card in CA with a 17-year-old violent felony?

I have a 17-year-old felony conviction and it was for a violent offense, after which I served time in jail and was on probation. Since then, I have had no ongoing issues with law enforcement and have been working in event staff security. Can I obtain a guard card in California under these... View More

James L. Arrasmith
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answered on Feb 18, 2025

Your situation requires careful consideration. In California, the Bureau of Security and Investigative Services (BSIS) reviews guard card applications on a case-by-case basis, with particular attention to violent felony convictions.

Given that your conviction was violent in nature, you face...
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1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for California on
Q: Ex-girlfriend threatens legal action over $2,900 and holds my debit cards. What can I do?

I verbally agreed with my ex-girlfriend to consider the $2,900 she accused me of taking as a loan. During our relationship, I performed multiple mechanical jobs for her and her family at her demand, which saved her more money than the amount owed. Now, despite these arrangements, she is threatening... View More

James L. Arrasmith
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answered on Feb 18, 2025

You need to take immediate action to protect yourself financially and legally. Contact your bank right away to report your debit cards as stolen and request replacements - this will invalidate the cards she's holding and protect your accounts from unauthorized access.

Document...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: How to report sexual assault from the UK in a California prison?

I am trying to report a sexual assault incident that occurred in a California prison. I am currently located in the UK and am experiencing difficulties in making the report. What steps can I take to report this incident from abroad, and what legal actions are available to me?

James L. Arrasmith
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answered on Feb 18, 2025

I understand how challenging and distressing this situation must be, especially trying to report it from overseas. Your courage in coming forward is commendable.

To report sexual assault in California prisons from the UK, you can contact the PREA (Prison Rape Elimination Act) office...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: Police searched my car and impounded my vehicle without proper reason.

I was pulled over by the police for allegedly not having a visible license plate, though it was clearly visible. During the stop, I allowed the officer to search my car because my cousin, who was on probation, was with me. However, I did not consent to a search of the locked trunk and glove box.... View More

James L. Arrasmith
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answered on Feb 18, 2025

Based on what you've described, this appears to be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. While your cousin's probation status might have given officers reason to conduct an initial search, they still needed either your... View More

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Brother got citation in my name for drugs and false ID, how to fix?

My brother received a citation in my name for possession of dangerous drugs and providing false identification to a peace officer. I have the actual ticket, and the only error on it is my name. The court date is set for April 26, 2025. I've contacted the authorities, and they advised me to... View More

James L. Arrasmith
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answered on Feb 17, 2025

Your situation is serious since identity theft can have lasting consequences on your record and future opportunities. Filing a police report right away, as advised by the authorities, is the crucial first step to document that you're the victim of false identification.

You should...
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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Gov & Administrative Law for California on
Q: Need legal help to investigate alleged sexual misconduct by senior officer in California.

I have received WhatsApp messages where a senior officer purportedly admitted to having sexual relations with prisoners in San Francisco, California. Additionally, a person I'm in contact with claims this officer has had inappropriate relations with her. I have saved these messages but have... View More

James L. Arrasmith
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answered on Feb 17, 2025

These are very serious allegations that warrant immediate attention. Sexual misconduct by correctional officers is illegal under California law and federal law, representing a grave abuse of power and violation of inmates' rights.

Your first step should be to contact the California...
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