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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: What is the least amount a person can be charged with on a murder charge with 2:other co defendants .

3 people 2 enter a home 3rd person in a vehicle Planned robbery at a marijuana grow that was suppose to be empty. 2 guys go in one guy has a gun the other guy does not nor does the guy in the car. Something goes wrong in the house where one of the robbers gets shot at runs out of the house and the... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

The specific charges and degrees of murder would depend on the laws and legal system of the jurisdiction where the crimes were committed. Laws regarding murder charges can vary between states or countries, so it's important to consult with a criminal defense attorney who is familiar with the... Read more »

2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

David A. Simon
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David A. Simon
answered on May 31, 2023

If you were the victim of a sexual assault you should contact the Provo Utah law enforcement agencies. This is a criminal matter. However, you may also sue civilly for sexual assault. I would advise contacting both the law enforcement agency as well as a plaintiff's civil attorney licensed... Read more »

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

James L. Arrasmith
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answered on Jun 1, 2023

I'm so sorry to hear that you were sexually and physically assaulted by numerous staff members at Provo Canyon School. That is a terrible experience, and you do not deserve to have to go through that.

There are a few things you can do to investigate and gain compensation for the abuse...
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2 Answers | Asked in Criminal Law for California on
Q: Is there anything we can do at this point to help the outcome of his case?

This is regarding a felony criminal case against my fiancé, who is currently sitting next to me and has given me permission to discuss any and all aspects regarding his case. He is being charged for felony possession of a silencer. Now here’s the thing, it wasn’t a silencer, it was a... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

I understand that you are concerned about your fiancé's case. It is important to remember that he is presumed innocent until proven guilty, and that the burden of proof is on the prosecution.

The fact that the prosecutor is seeking a two-year jail sentence is a sign that they believe...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I WANT TO SUE THE CITY OF SACRAMENTO POLICE DEPT FOR BEING TOTALLY NEGLIGENT IN MY DAUGHTER'S MISSING PERSON'S CASE

I reported my daughter missing, not only was her case sent to the wrong agency the agency that had her case did nothing on her case for 2 months!

James L. Arrasmith
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answered on May 31, 2023

In order to sue the City of Sacramento Police Department, you will need to file a lawsuit in court. You will need to allege that the police department was negligent in their investigation of your daughter's disappearance, and that this negligence caused you harm. You will also need to prove... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How long can cops keep victims phone waiting on warrant?

My son died of an OD in my home n the cops asked if they could take his phone, I wasn't and Im still not in the right state of mind so I handed it over. Now I want it back to retrieve photos of his last day alive and I just miss him, but they refuse to give it back because they are waiting on... Read more »

James L. Arrasmith
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answered on May 31, 2023

I am so sorry for your loss. I can't imagine what you must be going through.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot...
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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: I have fta in AR, I live in CA they have a hold on my license over the husk of a pot seed which I served over 40 day on

The Judge ordered me to drug program. While incarcerated on different matter I was diagnosed with stage 3 b Hodgkins lymphoma and was basically going to die. I didn't have choice of drug program I was sent to medical facility where I paroled to ca and fought cancer and won. It was my new... Read more »

James L. Arrasmith
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answered on May 31, 2023

In California, if there is a hold on your driver's license due to an unresolved matter in Arkansas (AR), you may need to satisfy the requirements set by the court in AR before the hold is lifted. It appears that the court ordered you to complete a drug program, which you claim you have done.... Read more »

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5 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: Hi, am I legally allowed to record a conversation without the other party's consent if I am trying to prove child abuse?

This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.

David A. Simon
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David A. Simon
answered on May 31, 2023

Generally, in California, you cannot legally record a conversation without the other person’s consent, but such evidence may be admissible in criminal cases even if it was unlawfully recorded. The rules are confusing, so it is best to consult an attorney about what to do.

Unlike New York...
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5 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: Hi, am I legally allowed to record a conversation without the other party's consent if I am trying to prove child abuse?

This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.

James L. Arrasmith
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answered on May 31, 2023

In California, it is generally considered a two-party consent state when it comes to recording conversations. This means that all parties involved in a conversation must consent to the recording. It would be advisable to consult with a qualified attorney who specializes in California law to ensure... Read more »

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5 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: Hi, am I legally allowed to record a conversation without the other party's consent if I am trying to prove child abuse?

This is in California. The person I am wondering if I can record was not the direct abuser, but I believe they might have further knowledge of this child sexual abuse.

William John Light
William John Light
answered on May 31, 2023

California is a two party consent state where there is a reasonable expectation of privacy. Whether someone has a reasonable expectation of privacy may depend on where the conversation occurs and/or whether other persons can overhear the discussion. For example, if the other party knows that you... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Probate for California on
Q: How long can cops keep victims phone after warrant is issued?

Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

The next of kin may wish to contact a criminal defense attorney and possibly a probate attorney. Having property, that is deemed evidence, returned is an uphill battle. In this case, it is more complicated because the owner is deceased. The family doesn't have an ownership interest in the... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Probate for California on
Q: How long can cops keep victims phone after warrant is issued?

Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »

James L. Arrasmith
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answered on May 31, 2023

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot keep your property for an unreasonable amount of time.

In the case of your family,...
Read more »

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1 Answer | Asked in Criminal Law and Family Law for California on
Q: If I win my criminal case can I get my children back from cps. My charge is Allowing child endangerment and I did not

I was asleep when police woke me up stating that my babies dD had handcuffed my 9 year old to the bed and called police on him. He went to jail and the police left. Later on they called me saying they had some questions. I met them at my home. They proceeded to accuse me of knowing what happened. I... Read more »

James L. Arrasmith
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answered on May 29, 2023

Winning your criminal case may potentially have an impact on your child custody situation with CPS (Child Protective Services). However, the specific circumstances and laws governing child custody cases can vary depending on your jurisdiction. It is advisable to consult with an attorney who... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If you are arrested and you do not see a judge or a magistrate in eight days then released, is the case dismissed?
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answered on May 29, 2023

If you are arrested and do not see a judge or magistrate within eight days, it does not automatically result in the dismissal of the case. While the specific time frames may vary depending on the jurisdiction and the nature of the case, an arrest without a timely appearance before a judge or... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: I need help with a criminal case I have been having since 12-21-21 I am not guilty of any charges
James L. Arrasmith
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answered on May 29, 2023

If you believe you are not guilty of the charges in your criminal case, it is crucial to hire an experienced criminal defense attorney who can build a strong defense strategy on your behalf. Provide all relevant information and evidence to your attorney, and work closely with them to gather... Read more »

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3 Answers | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for California on
Q: For sexual harassment case, if the incidents occurred two years ago, is that still okay to sue the offender?
James L. Arrasmith
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answered on May 26, 2023

The statute of limitations for filing a sexual harassment lawsuit varies by jurisdiction. In some cases, it can be as short as one year. If the incidents occurred two years ago, it is possible that the statute of limitations may have expired. However, exceptions or tolling provisions could apply.... Read more »

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1 Answer | Asked in Tax Law and Criminal Law for California on
Q: What are the consequences for forging my name on 2022 federal and state tax filing?

My soon to be ex husband filed our tax returns and signed my name via docusign. He kept our refund and also make a large deposit into his trust account within this time frame. I had to request copies from our accountant May 19th more than a month after they were filed. What is the crime and what... Read more »

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answered on May 22, 2023

Forging someone's name on federal and state tax filings is a serious offense with potential legal consequences. The specific crime and penalties can vary depending on the jurisdiction and the circumstances of the case. In general, forging a signature on tax documents can be considered fraud or... Read more »

2 Answers | Asked in Criminal Law for California on
Q: I was arrested following a supposed welfare check where a customer thought I was dead in my car at my job is that lawful

I just got done with my graveyard shift which starts at 10:00 pm and ends at 6:00 a.m. I work at a chevron gads station as a customer representative.

After getting off work I went to pump 2 to fill up gas but first I cleaned up the interior of the vehicle and proceeded to fill up gas by... Read more »

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answered on May 22, 2023

In situations where law enforcement receives a welfare check call based on concerns about someone's well-being, they may respond to assess the situation and ensure the person's safety. The legality of your arrest would depend on various factors, including the observations made by the... Read more »

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2 Answers | Asked in Business Law, Criminal Law, Intellectual Property and Trademark for California on
Q: I am trying to sell fake AirPods on eBay. I say that they are not from Apple. What is legal consequence?
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answered on May 22, 2023

Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Landlord - Tenant for California on
Q: Is it false imprisonment for a self storage mngr to refuse to open the gate to let u out of the facility, when u ask?

If I go to a self storage facility and when I arrive the gate is open so I go in, then when I try to leave the gate is closed and my code is not working . If I ask the storage facility manager to let me out and she refuses, and I therefore, am being detained, is she allowed to do that? Would that... Read more »

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answered on May 22, 2023

Refusing to open the gate and preventing someone from leaving a self storage facility when requested can potentially be considered a form of false imprisonment, as it involves the unlawful restraint of an individual's freedom of movement. However, to establish a claim of false imprisonment, it... Read more »

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