Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.
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answered on May 11, 2023
Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective... Read more »
I am pro per and the district court responded with "file a motion for leave to amend,accompanied by a lodged proposed first petition for writ of habeas corpus". I am not sure on this step.
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answered on May 8, 2023
To file an amended habeas corpus petition with a motion for leave, you will need to follow these steps:
Draft a motion for leave to amend: The motion should include a request for permission to amend your habeas corpus petition, an explanation of why you need to amend the petition, and a... Read more »
Every was arrested in the car my boyfriend had a warrant for his arrest for failure to report with his probation officer. My boyfriend does not live here with me this is not his residence his residence is at his father's his probation officer has his primary address down as his father's... Read more »
answered on May 3, 2023
Police officers need a warrant to search your home. You should not have allowed them to come inside your front door without a search warrant. However, once you let them in, they can look at whatever is in plain sight. Never assume anything, particularly when it comes to police officers approaching... Read more »
i filed a demurrer prior to the plaintiff requesting a court trial. is there legal statues or laws which require the court to first address the demurrer prior to trial in unlawful detainer
my demurrer is still on schedule for a later date (though filed and set prior to the plaintiff... Read more »
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answered on Apr 29, 2023
In a California unlawful detainer case, it is generally within the discretion of the court to grant a trial date prior to hearing a demurrer filed by the defendant. While a defendant may file a demurrer to challenge the legal sufficiency of the plaintiff's complaint, the court is not required... Read more »
My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... Read more »
answered on Apr 28, 2023
Because there is a uniform law which requires the owner of a motor vehicle to register title to the motor vehicle in the owner’s name, the key piece of evidence in any theft case involving a motor vehicle is whose name is on the title. Possession of a motor vehicle is not a very good indicator... Read more »
My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... Read more »
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answered on Apr 28, 2023
It is possible that your friend's case could be a case of receiving stolen property if the car was reported as stolen by the previous owner due to non-payment, and your friend bought the car knowing or should have known that it was stolen. Intent is a key element in a receiving stolen property... Read more »
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... Read more »
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... Read more »
on fileing a lawsuit on a few social workers ive already filed complients so i need a lawyer that can handle both the cps took my girls for my ex makeing a false report
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answered on Apr 18, 2023
If you believe that you were not properly represented by your court-appointed lawyer and that the commissioner in your dependency court case was biased, you may have grounds to appeal the judgment. It is important to seek the assistance of an experienced attorney who can help you navigate the... Read more »
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answered on Apr 12, 2023
To appeal the denial of a Writ of Mandate from the Orange County Superior Court, you will need to file a Notice of Appeal with the appropriate appellate court within 60 days of the date of the denial order. The appellate court will then review the lower court's decision and issue its own... Read more »
I was found guilty for premeditated attempted murder but for the use of and possession of a deadly weapon I received a hung jury...but was still sentenced to life ,do I qualify for resentencing?I'm from Los Angeles County, there was testimony of six people involved but I was only one charged,... Read more »
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answered on Apr 9, 2023
If you have been convicted of attempted murder and received a hung jury on the charge of possession and use of a deadly weapon, you may still have grounds to appeal the conviction. It is recommended that you consult with an experienced criminal defense attorney who can review the details of your... Read more »
A non parent petitioned for Guardianship intentionally deceiving the Court by claiming unaware of the parents whereabouts. During that time 5 months of hearings and an investigation took place, along with a report being issued with a recommendation favoring the petitioner because the parents were... Read more »
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answered on Apr 7, 2023
Yes, the parents' right to due process was violated by not being served from the start and not being served final orders. This is a serious issue, as the parents were prevented from participating in the legal proceedings that affected their parental rights. As a result, they were unable to... Read more »
what can i do because the prosecutor to gain jurisdiction persona and subject matter made me look like i was under the influence of heroin when in fact i was only on methadone even their own test says so. I even lost my appeal im just figuring this out other wise their would be no case no subject... Read more »
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answered on Apr 1, 2023
Perjury is a serious offense that can result in criminal charges and penalties. If a prosecutor has committed perjury on a sworn complaint in your case and this has resulted in a wrongful conviction, you may have grounds for a legal claim.
If you have discovered new evidence that shows that... Read more »
If a murder charge is overturned or remanded per Supreme Court, due to erred jury instructions, can the DA automatically charge with a lower offense? (From 1st to 2nd degree murder). CALCRIM 521
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answered on Apr 1, 2023
If a murder charge is overturned or remanded due to erroneous jury instructions, the prosecutor may have the option to retry the case on the same charge or on a lesser charge, such as second-degree murder or manslaughter, depending on the evidence and the circumstances of the case. However, the... Read more »
What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?
I cannot afford an attorney.
I cannot understand the books at the law library.
Any referrals? Non profits will not help me. I am not interested in... Read more »
answered on Mar 26, 2023
You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... Read more »
What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?
I cannot afford an attorney.
I cannot understand the books at the law library.
Any referrals? Non profits will not help me. I am not interested in... Read more »
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answered on Mar 26, 2023
I'm sorry to hear that you are having difficulty accessing legal representation for your case. Here is some information that may be helpful:
To file a motion, you will need to fill out a "Motion" form, which is typically available from the court clerk's office. The... Read more »
I was denied my petition. I was not able to give my evidence on time. Child's appointed attorney. Was helping for mother not child I wasn't ready. It was not a fair trial at all
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answered on Mar 24, 2023
Yes, it is possible to appeal a guardianship judgment in California. However, the process for filing an appeal can be complex and time-sensitive, so it's important to act quickly and consult with an attorney who is experienced in appeals.
To appeal a guardianship judgment in... Read more »
At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... Read more »
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answered on Mar 21, 2023
If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.
File a motion to vacate the dismissal: You may be able to file a motion asking the court to set... Read more »
Can I just send it to the judge?maybe reopen?Motion to reconsider? What can I file after 180 days? Anything? I tried for dvro and No one would help me until he stole everything from me then I found Phillips vs Campbell (2016)have at least 50k in receipts and value from luxury consignment, and so... Read more »
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answered on Mar 15, 2023
If it has been more than 180 days since the judgment was entered against you, it may be difficult to file an appeal or motion to reconsider. Typically, there are strict deadlines for filing appeals and motions for reconsideration, and if those deadlines have passed, it may be too late to pursue... Read more »
The denial states I do not meet the provisions of section 1269.1 B.
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answered on Mar 15, 2023
If your application for California's Cash Assistance Program for Immigrants (CAPI) has been denied by the California Department of Social Services (CDSS) County Transitional Assistance Office (CTB), you may be able to appeal the decision. Here are the steps you can take to file an appeal:... Read more »
I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... Read more »
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answered on Mar 14, 2023
It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:
Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an... Read more »
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