California Civil Rights Questions & Answers

Q: I want to file a civil law suit against my ex who raped me. Do statute of limitations apply?

1 Answer | Asked in Civil Rights and Personal Injury for California on
Answered on Feb 14, 2019
William John Light's answer
The statute of limitations for sexual battery is 3 years. Talk to an attorney asap.

Q: My vehicle was towed from friends apartment. My reg expired. I am reg owner. Tow Co. in CA denying my property. Rights?

1 Answer | Asked in Civil Rights for California on
Answered on Feb 11, 2019
Louis George Fazzi's answer
Contact the local police department, which probably has the contract with the towing company. Explain that you need assistance keeping the peace while you attempt to recover your property. Bring your vehicle registration with you, unless everything proving your ownership is in the car. In that event, notify the police of that fact and request that they accompany you when you go to the towing company to recover your property, letting them know that all your ownership documents are in the car and...

Q: Am I allowed to see the results of an HR investigation I am involved in?

1 Answer | Asked in Employment Law and Civil Rights for California on
Answered on Feb 9, 2019
Louis George Fazzi's answer
You have the right to review and make copies of the contents of your personnel file pursuant to the provisions of the State of California Labor Code. To the extent that the report of the investigation resulting from the complaint you made is in your personnel file, you have the right to request an opportunity to review it. Even if the report is not in your personnel file, since you made the complaint you should be able to review the results of the investigation.

If you are a union...

Q: I was convicted of a crime and feel I've been abused by the system what should I do?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Feb 8, 2019
Louis George Fazzi's answer
Reach out to the ACLU [https://www.aclu.org/],

or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]

You can copy and paste either link in your browser.

Focus on lawyers with criminal defense experience, and if you have family members who can help, ask them to assist you in finding a good lawyer to help you. Some of the biggest law firms in Los Angeles...

Q: I'm being charged with 594(2) (a) PC mis in Amador county California now court ordered me to book and release ?why?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Answered on Feb 8, 2019
Dale S. Gribow's answer
much more info needed.

if you are asking to get an arrest off your record, i am not aware of how to do so.

you can get a conviction off your record .......on a felony filing 17B tor educe to mids and then 1203 to dismiss

Q: Can four defendants be tried all together and have to take the same plead?

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for California on
Answered on Feb 7, 2019
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....

Q: Can the same court hold a new pitchess motion when they have already proven to be bias?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Feb 6, 2019
Dale S. Gribow's answer
i have always had problems in Ventura County too.

they treat lawyers as poorly as some litigants.

why not google legal aid and see what criminal lawyers come up that will handle pro bono or at a reduced fee

Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Answered on Jan 29, 2019
Dale S. Gribow's answer
more info needed.

if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.

if no one takes it that is a clue that the case may not be that strong.

call more lawyer

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: A person who is charged with a felony violated probation rearrested Eight months in custody being told they’re going to

1 Answer | Asked in Criminal Law and Civil Rights for California on
Answered on Jan 28, 2019
Ali Shahrestani, Esq.'s answer
When a person is declared incompetent to stand trial, a judge may stay the proceedings until the person is provided the needed therapy to stabilize him/her so that, if possible, they may be able to stand trial. Also, in rare instances, a person's lack of mental competence might be used as a defense to some crimes where it prevents them from lacking any and all cognition sufficient to intend to commit an intentional crime. More details are necessary to provide a professional analysis of your...

Q: On a 187 murder 2nd degree including 4 enhancements one of PC 12021(A) felon/addict poss firearm which gave him 3 yrs

2 Answers | Asked in Criminal Law and Civil Rights for California on
Answered on Jan 27, 2019
Dale S. Gribow's answer
more info needed.

however, they can't prosecute twice for the same crime on the same day and time etc.

there has to be more involved.........the best person to address this question is the lawyer who represented him.

s/he knows about double jeopardy.

Q: I was involved in a domestic violence incident me being the victim. CPS removed my kids, i need advice on how to proceem

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Answered on Jan 25, 2019
Dale S. Gribow's answer
More details are necessary to provide a professional analysis of your issue.

Initially, you should set up an Initial Consultation with an Attorney such as myself.

You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.

This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

However, you are always best advised to...

Q: A person who is charged with a felony violated probation rearrested Eight months in custody being told they’re going to

1 Answer | Asked in Criminal Law and Civil Rights for California on
Answered on Jan 24, 2019
Dale S. Gribow's answer
More details are necessary to provide a professional analysis of your issue.

The lawyer who handled the underlying case would be in the best position to understand all the facts and advise you intelligently.

It's also important to not talk about this case to anyone except your attorney. Please remember anything you say herein, is discoverable and can and will be used against you.

Q: Can a DA have only your witnesses excluded And only keep his witnesses? Isn't a 12 white 1 Hispanic jury bias or racial?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 19, 2019
Dale S. Gribow's answer
MUCH MORE INFO IS NEEDED TO ATTEMPT TO ADDRESS YOUR ISSUES.

THE BEST PERSON TO ASK IF YOUR LAWYER WHO HAS ALL THE INFO IN FRONT OF HIM/HER.

Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...

Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower court for a new decision with guiding instructions to the lower court on how they should best proceed to avoid another error in their decision-making process. You may want to hire a private attorney...

Q: Hung jury, can the judge find you guilty if your jury was dead locked?

2 Answers | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for California on
Answered on Jan 10, 2019
Dale S. Gribow's answer
more info needed

i do not know how that could happen

the best person to ask who would know all the facts is your lawyer.

what does he or she say..............

Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?

1 Answer | Asked in Health Care Law, Immigration Law and Civil Rights for California on
Answered on Jan 10, 2019
Kelli Y Allen's answer
Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration attorney assist with the process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.