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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does a police officer have the right to deny showing me a search warrant when I ask for it

He said he would let me see it after they were done searching

Louis George Fazzi
Louis George Fazzi answered on Mar 3, 2021

The officer should show you the warrant before the search begins, but most people are not aware of their rights when confronted with an aggressive police officer. If you do not review the warrant before the search, how are you to know who or what is to be searched and why the search is being done... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Is a Greek orthodox priest a mandated reporter? what happens when he doesn't report and other kids get abused after?

My sons father and I went to the priest to tell him about sexual abuse that happened to him and his brother as kids. The abuser is their brother in law and a long time member of the church. The priest said he'd excommunicate and made us promises of what he would do and he did nothing. 5... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 1, 2021

Mandatory reporters are listed in California Penal Code section 11165.7. It is a long list of persons, and it includes in subparagraph 32 as follows:

"(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest,...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Do I need a person's i.d. to report that they stole my vehicle when I gave they're first last name and d.o.b. and addres

Well my vehicle that I had just purchased and at the time due to the coronavirus wasnt able to register it in my name yet but had bill of sale and paperwork was stolen and traded but at the time people who stole it said they had it towed away so I made a police report and when the investigator... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if/when you report a theft it is not up to you to determine the dob or cdl of the victim.

that is what the police are supposed to do........

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

3 Answers | Asked in Consumer Law, Criminal Law, Divorce and Civil Rights for California on
Q: In california while using a self check out, can a walmart employee search through my bag and count my items

I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »

William John Light
William John Light answered on Feb 27, 2021

It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »

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2 Answers | Asked in Consumer Law, Criminal Law and Civil Rights for California on
Q: As a victim, am I entitled to an Incident Report?

On 01/21/2021, my house in Upland was burglarized. My checkbooks for a bank and credit union and a Visa Debit Card were taken.

On 02/02/2021, a person was charged in Orange County with first degree burglary in Orange on 01/18/2021, possession of a controlled substance with intent to sell,... Read more »

Josh S. Brownstein
Josh S. Brownstein answered on Feb 24, 2021

The police department will not release a police report pertaining to an ongoing investigation and/or prosecution. To the extent you want information now, I suggest contacting the District Attorney's office directly. Depending on the particular DA's office, there may be a victim's... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Traffic Tickets for California on
Q: How do I begin a lawsuit 18 usc 1983 against housing authority workers and towing company, police gave tickets wrongly?

California Housing Authority workers towed away car with moving permit from my parking space at apartment complex after about 4 hours, (I was with my caregiver.) Workers did not ask me if car was mine. It was waiting for disabled license plates. VA primary Doctor refused to sign DMV Veteran 100%... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 12, 2021

First you find a civil rights lawyer to review your case and advise you if there is potential merit in your claims. Most good civil rights lawyers will know what to do and will advise you based on the facts of your case. You can help yourself by writing a chronology of the events, starting at the... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: If co defendant is severed and is not testifying, is a text message from their case hearsay?

Co defendant was already prosecuted and sentenced. An Incriminating text message is being used in case against my friend. Without being able to directly question this person, would this evidence be not admissible and hearsay?

David Michael Lehr
David Michael Lehr answered on Feb 12, 2021

It depends:

1) If there a conspiracy charged? Then probably yes.

2) Was your friend in the text (sender or receiver)? Then probably yes.

3) During the preliminary hearing, yes.

4) Otherwise, no.

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Q: I don't believe there is a process for federal referendum or initiatives?

For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 7, 2021

It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States... Read more »

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can a person who has been civilly convicted also be incarcerated on a separate unrelated criminal charge?

A friend of mine was civilly committed in CA under 6600 SVP over 10 years ago. Recently, he was charged with Sales/Transport and is now under a criminal charge while the civil commitment petition is still active. Does the civil petition need to be dropped in order to continue with the criminal... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 5, 2021

No. They can proceed separately or together.

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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: can a judge deny you the right to have a attorney removed from your case who is not a PD and you didn't hire?

I became the victim of PC 368 where my live-in Son? State IHSS became the abuser without my knowledge and I was unable to defend myself.

David Michael Lehr
David Michael Lehr answered on Jan 30, 2021

If I understand your question, no you cannot.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Where can I make a complaint of officials who did not performed upon a dead body procedure.or a civil procedure not done
Louis George Fazzi
Louis George Fazzi answered on Jan 28, 2021

I cannot make out what it is you are asking. Please provide sufficient detail to permit a reasoned response.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: What do I do from here after police come to my house?

I'm being accused of depositing a money order that was someone else's from back in Oct 2020. There is a deposit made to my account by money order for the amount the police are saying is the money order in question. The officer had me send him a screenshot of my bank statement and kind of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2021

MORE INFO NEEDED

AS A RULE, THE BEST THING YOU CAN DO IS NOT TALK TO ANYONE WITHOUT A LAWYER....CONSULT WITH A LAWYER.

YOU MAY HAVE ALREADY SAID THINGS THAT ARE GOING TO HURT YOU.

IT IS NOT ONLY WHAT WAS SAID, BUT RATHER WHAT THE PERSON THOUGHT THEY HEARD YOU SAY.................

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: I was told that the police report i requested must be subpoenaed. Is there another method?

This inquiry pertains to a W&IC 5150 hold that was unlawfully enforced.

Louis George Fazzi
Louis George Fazzi answered on Jan 27, 2021

More information is needed. If you are the person who was subjected to the 5150 hold, you will need a lawyer to request a copy of the police report. Even then, the attorney may not be able to show you the police report, but s/he can certainly give you a synopsis of what the police report states.... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a person who has been incarcerated on a civil commitment be also incarcerated on a criminal charge at the same time.

A friend was civilly committed over 10 years ago (6600 SVP or MDO) and then got charged and convicted for a separate crime (Sales/Transport). Is it legal to still have the civil petition against you while you are criminally convicted of a new crime? - Note: Website has me in IL when I am not, I am... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 26, 2021

Which civil commitment?

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1 Answer | Asked in Personal Injury, Civil Rights and Employment Discrimination for California on
Q: Need to serve court papers to a dissolved LLC and attempt to serve returned as a bad address.

I have sued an LLC for an incident that occurred back in March 2019. This company then dissolved in June 2019. I have filed a lawsuit and the process server attempted to serve the dissolved company Agent of Service of Process, but it returned as a bad address.

What are the options to ensure... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2021

A California attorney could advise best, but your question remains open for three weeks. This could be something beyond the scope of a basic question and answer board, where investigator services might be needed. Processor servers often work with investigation companies (or sometimes they... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: Can city ordinance mandate the requirement of rental/leasing agreements to as establish water service at a residence?

Is it possible that city ordinance can violate civil liberties of squatters adverse possession rights by requesting rental or leasing agreements to establish water service on the property? My mother passed 8 yrs ago. My sister and I have payed back taxes for 5 years and established gas, electric,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2021

You definitely need to consult with a lawyer experienced in civil rights law. You can go to the San Bernardino County Bar Association's website ( http://www.sbcba.org/) and click on their Lawyer's Referral Service link to help you find an appropriate attorney who can help you. Do not... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Malicious prosecution. I was found not guilty. Prosecutor and the catholic get away with it? No evidence or witness

I was maliciously prosecuted for a crime I did not commit. A jury found me not guilty. No evidence or witnesses. Prosecutor and judge and catholic church just get away with it ? Is there any place to file complaints ?

David Michael Lehr
David Michael Lehr answered on Jan 16, 2021

You need to speak to a civil rights attorney. In general, prosecutors have statutory immunity from law suits.

Good luck.

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