Lawyers, Answer Questions  & Get Points Log In
California Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: When civilly committed and new charges filed, who's responsibility is it to get the commitment petition dropped

Is it the responsibility of the defense attorney or the defendant himself to initiate getting the petition (6600 SVP) dropped in the county of commitment?

David Michael Lehr
David Michael Lehr answered on Mar 6, 2021

In the end, the judge does it. It happens after a conviction in the new case.

View More 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 Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... Read more »

William John Light
William John Light answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

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 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 »

2 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: Is it a good idea for defense to introduce court documents as evidence when defendant is moving to suppress evidence?

During cross examination at a special hearing for a search and seizure motion (CASPC 1538.5) to challenge the validity of a search warrant obtained from an unreasonable search and seizure.

Dale S. Gribow
Dale S. Gribow answered on Feb 21, 2021

more info needed.

was he moving to exclude the SAME evidence he was introducing.......?

your lawyer is the best person to ask...........

View More Answers

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.

View More Answers

1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: Once criminally convicted, does a civil commitment petition need to be dropped?

If someone is incarcerated on a civil petition (6600 SVP) and then gets criminally convicted of a drug crime sometime later, must the court drop the civil commitment once criminally convicted?

David Michael Lehr
David Michael Lehr answered on Feb 10, 2021

6600 starts when a person is leaving prison. If he goes back to prison, the 6600 evaluation will again when he is going to be released.

Remember that the SVP is designed to keep him locked up for life.

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.

View More Answers

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.................

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I heard to my petitioner before 2010, that my papers was denied , because she is transgender. I arrived here last 2001.

They make me look like obstruction the law (USCIS)

Can I file harassment to them and defame?

This is unprofessional whAt theyve done.

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

MORE INFO NEEDED.

I DON'T UNDERSTAND THE ISSUE.

HOWEVER, ANYONE CAN SUE ANYONE ELSE AT ANY TIME AS LONG AS IT IS WITHIN TIME LIMITS AND IN THE RIGHT JURISDICTION.

THE PROBLEM IS ANTICIPATE THAT YOU WILL HAVE IS THAT LAWYERS WON'T TAKE THE CASE ON A CONTINGENCY....
Read more »

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?

View More Answers

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 »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a police officer put a warrant out for my arrest if I was never booked on any charges, but failed to comply with

their wishes. I was almost arrested a few months ago (possession of controlled substance, schedule I), but the arresting officer approached me after being detained & as if I'd be willing to do a controlled buy. I agreed & then met w/ the narcotics officer (he wasf in plain clothes),... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 7, 2021

Yes. This is the standard way that these things work. If you do your part, the case never sees the inside of a courthouse. If not, they can get a warrant for your arrest.

P.S. In the future, don't post information like this on a public forum!

Good luck!

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: I have a dependency court case, I have an appeal in court of appeals, with out my knowledge. I filed a civil case in fed

the dependacy case they took my 3 kids, and suggested I do some services, which will take 6 months. They were taken do to homelessness. I was living in missouri and came to calif to locate my boyfriends familly members to no avail. In the process we had car trouble at stayed in hotels. during which... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 29, 2020

You need an attorney to assist you. You can use Google to search for civil rights lawyers in the Sacramento area. I suggest you do not delay because the deadlines in the federal courts are very strict.

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: I FILED A CASE IN FEDRAL DISTRICT COURT AN THE JURISDICTION, IS WRONG VENUE BUT THE defandents attorney works jurstic

So how do I go about staying in court I filed in best interest of justice for both parties is there order I can file or motion

Louis George Fazzi
Louis George Fazzi answered on Dec 11, 2020

Your question is unintelligible to me. You have not provided sufficient information to allow a meaningful response to your inquiry. Please provide sufficient detail to permit an attorney to both understand your question and provide an intelligent response.

View More Answers

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.