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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: What does an Amended minute order mean ?
Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

It means the Court changed something in the Minute Order.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Criminal Law for California on
Q: How to stop a person from driving uninsured cars with expired tags from a person who has died?

My friend passed away, I am the named Executor, in probate court now. Next court date in Dec. A squatter who says he's been living in house of decedent, since 1/2019, is driving 2 cars, 1 with expired registration and no insurance is on cars. This person has not been living there at all.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

The taking of another's property without permission is theft. The police deal with this. You can call and ask for an officer to meet you at the property and with proof of your right to possession of the property as the executor, get the keys.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: As a LEO, conducting traffic enforcement stop - does asking vehicle operator to roll down tinted windows Alter -

While conducting a traffic enforcement stop - the officer asks vehicle operator to roll down tinted windows (example: 0 percent tint). If that reveals contraband is that in plain view? - or does the action of rolling down windows alter?

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Why is a LEO different from a GEMINI or a TAURUS? An officer has the right to ask you to step out of the vehicle and if opening the door would reveal the contraband you left in plain sight, it is probably not an infringement. You might need to establish that rolling down the window was not within... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: I need some legal athorities for illegal search and siezure
Wais Azami
Wais Azami answered on Sep 23, 2020

This is a very vague question. More facts are needed. It sounds like you have an academic question rather than a legal question. Without giving too much info online, be more specific. Otherwise, call a local criminal defense attorney for more specific response to your particular matter.

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2 Answers | Asked in Criminal Law for California on
Q: Can I get convicted behind someone else’s lies?

Hi, I have a court hearing on October 5th, for a possible probation violation. I was staying at this transitional living house ran by the department of mental health and I had a disagreement with one of the staff members there. I needed my psych meds at a certain time, and she refused to give them... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 23, 2020

more info needed.

there is a substantial burden of proof but if the trier of fact believes their version over yours, then yes you would lose.

i assume you have a retained or appointed lawyer and you need to ask him/her their thoughts.

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1 Answer | Asked in Criminal Law for California on
Q: How long does an arresting agency or DA have to file charges without ever telling you why you were arrested and ...?

who can issue you written proof that no charges were filed? If you are arrested, released less than 24 hours later to a probationary status pending court the following morning, go to court and return home with a "someone may or may not contact you later if charges are going to be filed",... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2020

more info needed.

why not set up an appt with a criminal lawyer in your community.

an arrest can not be expunged/sealed as a rule.........but a conviction can.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for California on
Q: Approximately how much time will my babies dad have to do and is he at risk for losing custody?

My babies dad has been arrested and sentenced about 4 times for breaking a no contact restraining order, which then was modified to peaceful contact for visitations after our dcf case was open. A week ago my mom made an incident report because she saw him outside my bedroom window. He did it again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2020

much more info needed.

it depends on a number of factors; his record, who the DA is and who the judge is etc.

this is a question that should be asked of his lawyer by him...........

if you are looking for him to do a lot of time, then maybe pose the question to the DA's office.

2 Answers | Asked in Criminal Law for California on
Q: Can the prosecution use two counts from a single act as 2 strikes in a 3 strike case?

My nephew was struck out (3 strikes) but his qualifying strikes were 2 COUNTS of attempted murder... it was a car to car shooting where it was two people in the opposite car

Carol Elizabeth Long
Carol Elizabeth Long answered on Sep 21, 2020

If your question is whether someone can be charged with two separate attempted murder charges for one act of shooting at a car that is occupied by two people, the short answer is yes. And yes, each attempted murder charge is counted as a strike.

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2 Answers | Asked in Criminal Law for California on
Q: Can a individual get a third strike for possession of a weapon while in prison and his first 2 strikes are 2 counts of

Attempted murder that happened at the same time

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2020

More info needed.

you should pose this question to the lawyer who represented you and make an appointment with a criminal lawyer in your city.....and write out a summary of all the facts before going to his her office

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1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Summary probation when fined with i.d. theft..... Gave false name when police got us for being out during covid

Im in CA and am facing an identity theft charge; I used an old classmates name out of fear. The officer was intimidating and now knowing how the jail is in my county, had me just purging her name and bday. I got fined for being out during covid and it eventually came back to me. Now I have a court... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2020

more info needed.

you should set up a consultation with a criminal lawyer in your city asap.

if you can't afford a lawyer one will be provided for you at the 1st court date.

write out a detailed summary so that the lawyer can spend more time thinking about the case...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 21, 2020

If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If I have a prior conviction for bank robbery, can they charge me with conspiracy to rob another one??
Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info needed.

however, if it is a separate incident (Bank) then of course you can be charged.

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1 Answer | Asked in Criminal Law for California on
Q: Can they charge me with Conspiracy just to send me back for a long time cause my convictions?? I'm always nervous.
Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info needed.

set up an appointment with a criminal lawyer in your community......most will provide a free consultation..........

i suspect if you have been prosecute for an incident that double jeopardy will apply

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Can they federally charge me with a bank robbery from 2005, or has it been too long?? Or can they charge conspiracy??
Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info needed.

seek a consultation with a criminal lawyer in your community but first write out in detail all the facts.

4 Answers | Asked in Criminal Law for California on
Q: Hi the last 2 days a man from the da office came by to speak to my boyfriend. We have no idea why. We have done no wrong

Not sure what to do we have to talk to him do we have to open door?

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

MORE INFO NEEDED..........HOWEVER I ALWAYS SUGGEST YOU TALK TO A LAWYER IN YOUR COMMUNITY ASAP....AND NOT TALK ON AN OPEN FORUM LIKE THIS.

GENERALLY IT IS BEST TO BE COOPERATIVE BUT, EXPLAIN THAT YOU WOULD BE GLAD TO TALK TO THEM BUT YOU WANT TO CONSULT WITH A LAWYER FOR...
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2 Answers | Asked in Criminal Law for California on
Q: I was convinced of bank robbery in California in 2005. They seized 14,700 from me. I pled guilty and served my time.

On Aug 29. I got a letter from the police department that arrested me saying they have money to be released to me. Can they charge me federally now with same bank? Or is conspiracy or statute up? Or can I still be charged.?? I feel like they are trying to trick me into the police station.

Maurice Mandel II
Maurice Mandel II answered on Sep 18, 2020

The police called you and said they were holding some money for you, come get it? I smell fish. Hire an attorney, give him a Limited Power of Attorney to acquire your abandoned property, valid for 6 months, and send him to the station to get your money. The worst that could happen is they arrest... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I'm trying to see how much and how long it would take to file an 1170d for my husband in California.

My husband was sentenced for a 212.5 no weapons no victim he was sentenced to 25 to life with the possibility of parole. He has now served 25 years in prison and I want to see if we can resent him

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 18, 2020

Penal Code section 1170 (d)(1) provides for resentencing within 120 days of initial sentencing or at any time upon the recommendation of the Board of Prison Terms. In the petition, The court may consider 'postconviction factors, including, but not limited to, the inmate’s disciplinary... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My boyfriend is going through trail for corporal punishment against me the d.a picked up after i drop it. Should i go

What would that say to the judge if i went not for him so much as to know whats really going on because he is lying about the whole thing

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2020

MUCH MUCH MUCH MORE INFO NEEDED.

I WOULD NOT DISCUSS ON AN OPEN FORUM LIKE THIS.

IF YOU ARE TALKING ABOUT DOMESTIC VIOLENCE, THEN THE DA WOULD BE PROTECTING YOUR RIGHT.

IF HOWEVER YOU DON'T WANT TO TESTIFY I SUGGEST YOU TALK TO A DEFENSE LAWYER FOR GUIDANCE. YOU...
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1 Answer | Asked in Criminal Law for California on
Q: How can i prove that i was framed by my sons father's new girlfriend for a gun she put in the trunk ?

She was mad because he was taking the car back and put a gun in the trunk and then reported it to the police. So the police got the vehicle information and location and illegally detained me blocked me in and since the vehicle registration was expired they said they were impounded it and used the... Read more »

Douglas Hugh Ridley
Douglas Hugh Ridley answered on Sep 17, 2020

Proving that you were framed is not always possible, but if it is possible than it takes serious investigation and legal work. You should engage a legal professional, in our opinion, in a serious case like this. If you can not afford an attorney, then you should ask the court to assign a public... Read more »

1 Answer | Asked in Criminal Law for California on
Q: My son has been chrgd with 2 murders. Is it norm.for the lwyers office to give me a copy of the disc. that is not redac
Douglas Hugh Ridley
Douglas Hugh Ridley answered on Sep 17, 2020

No, discovery files provided to clients are required to be redacted for privacy.

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