California Constitutional Law Questions & Answers

Q: Can I keep someones car if they owe me money? If they report car stolen could I get in trouble for having a stolen car?

1 Answer | Asked in Civil Rights, Collections and Constitutional Law for California on
Answered on Feb 17, 2019
Vernon Charles Tucker's answer
Depends on what the car is worth and how much is owed to you. Also I would need to know what the loan was for? Did you do work to the car and then you did not get paid?

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: how to file prosecutorial misconduct, my mom was yanked out her front door , and not asked if they can search her home.

1 Answer | Asked in Constitutional Law and Criminal Law 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: In criminal court, does the prosecutor's witness in a preliminary hearing, have to have first hand knowledge?

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Answered on Jan 21, 2019
Michael J. Ocampo's answer
At the preliminary hearing, a police officer can testify to things that other people saw and heard.

Normally, a witness can only testify to things that he, himself, saw or heard. But when it comes to police officers during a preliminary hearing, there's an exception.

As long as: (1) the police officer has some personal knowledge of the case; and (2) the officer has at least 5 years' experience as a policeman, then the officer--at the preliminary hearing only--can testify to...

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: 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: What to do with neighbor playing loud music?

2 Answers | Asked in Civil Litigation, Criminal Law and Constitutional Law for California on
Answered on Jan 13, 2019
Dale S. Gribow's answer
YOU ALREADY KNOW YOUR OPTIONS

TALK TO THEM; CALL LANDLORD, CALL THE POLICE.

IT IS ALWAYS BEST TO TRY TO BE NEIGHBORLY AND TALK TO THEM IN A PROFESSIONAL MANNER........MAYBE EXPLAINING THAT WE ALL LIVE SO CLOSE TO ONE ANOTHER WE HAVE TO GO OUT OF OUR WAY TO BE CONSIDERATE............AND THEN EXPLAIN THE SITUATION.

Q: If the court lied about a pitchess motion, and on appeal we we have another. Shouldn't I have a new judge

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
Appeals are handled by the court of appeals. This will be in a different court with different Judges.

Q: Even if all cases were consolidated? 2012,2013,2015, it took them 6 years to convict me

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Jan 9, 2019
Dale S. Gribow's answer
much more info needed.

this question should be posed to the lawyer who represented you and is aware of all the facts.

it sounds like there would be a ton of info for a lawyer to review and lawyers are going to charge you to do so.

i do not handle this kind of matter.

Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.

Q: one last Marsden motion. 5 Marsden motions denied everyone. Proceeded Even when I was clearly confused? Can they do that

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

it sounds like something i would not handle and that you would need an appellate lawyer?

Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law...

1 Answer | Asked in Antitrust, Business Law, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 2, 2019
Thomas A. Grossman's answer
It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's decision. Your only alternative then is to sue them, and that is both expensive and time-consuming. And by the time you get a decision from the agency, your business is probably ruined anyway....

Q: i was pulled over for a traffic stop and the police obtained a search warrent to search my vehicle with no prob. cause

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Answered on Dec 18, 2018
Wais Azami's answer
Do you know what probable cause is and its standard? It's best to consult with an attorney.

Q: How is my pitchess motion supposed to be fair, when the same court that denied it the first time is doing it again?

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for California on
Answered on Dec 14, 2018
Dale S. Gribow's answer
much more info would be needed and you need to ask this of a criminal lawyer in Ventura.

i am in palm springs and swore i would never go back to Ventura over 30 years ago.

you might ask the court to appoint another defense lawyer if you feel you are not getting competent representation.........but i can't comment if that is a prudent idea.

Q: Yes the judge was sent a letter n saidthey found n error on my papper work,that the sentencing didnt match with the crim

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Dec 10, 2018
Dale S. Gribow's answer
MORE INFO NEEDED.

YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.

Q: My son was convicted of PC 261 and was alleged to have committed the crime during a first degree burglary PC 667.61

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Answered on Nov 23, 2018
Dale S. Gribow's answer
Penal Code 261 defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of: threats, force, or fraud, or. with a victim who is unconscious or incapable of consenting.

More info needed.

my best advice is to set up a consultation with a lawyer in your city that handles these types of cases. Most criminal lawyers will not charge for a consult.

write out a detailed summary ahead of time.

Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Nov 22, 2018
Dale S. Gribow's answer
MORE INFO NEEDED

SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.

THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.

EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.

HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.

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