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California Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Federal Crimes for California on
Q: A student just threatened to break my nose several times. What are my rights? Should I leave and go to HR or the police?

I am a 1-1 instructional aide for a high school boy with an IEP. He has a history of violence and aggression. Recently, He is out of control and has threatened to physically harm me more than once. His parents are aware and apologetic. They would like him moved to another school that specializes... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

this is not a legal question but rather a practical one.

i would contact administration and or police for assistance.

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for California on
Q: A student has threatened to assault me several times, Will I be punished for leaving work he is removed?

I’m a 1-1 and am required to follow him everywhere throughout the day but he is increasingly defiant and making threats. I recently took several days off and often see a therapist for the issues I have with this kid. The school hasn’t given him repercussions and I don’t feel safe but can not... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

what is a 1-1?

this is not a legal question.

i would discuss with administration and maybe ask for another person to follow etc

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for California on
Q: In the state of CA are immediate family members allowed to work for the same police force and day?
Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

not sure it would be so much of a law, but rather a policy issue of a county.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you

On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick". I let him come back to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 13, 2019

More info needed. You should discuss this with your son's lawyer. He either hired a private lawyer or a PD was appointed. That lawyer will have ALL the info in front of him/her.

it is not up to you to dismiss.

the Victim is the People of the State of California.

after an...
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1 Answer | Asked in Criminal Law for California on
Q: Can my husband be arrested for marital rape if I have 100’s of text messages between us of him semi admitting to it

I’m scared to go forward with reporting years of sexual abuse, I haven’t even posted this yet and I’m already getting shaky from nerves, but I need to know that if I report him he can no longer come after me and harm me or my children. He’s a covert narcissist and he’s destroying every... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

Can he be arrested, it sounds like it. How and whether it proceeds to criminal charges is up to the District Attorney.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Can the jurors wear attire with the plaintiffs pictures on them . Also can jurors wear attire with " Black Lives Matter

Foreman and a few other jurors whore attire with Black Lives Matter and plaintiffs pictures on the clothing during. Court trial hearings

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

i have never heard of a court/judge allowing that........

check with the lawyer who handled the case for his/her opinion......as they have ALL the facts.

i suspect that must have argued that in chambers to the judge!

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2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

more info needed.

you should have a lawyer guiding and representing you.

i don't do that area of law.

hire a lawyer who does probate litigation for the court in question.

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3 Answers | Asked in Criminal Law and Probate for California on
Q: What type of lawyer handles contempt charges in probate court?
Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A probate litigation attorney.

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3 Answers | Asked in Criminal Law for California on
Q: What does penal cold 3700.5 code have to do with penal code 1524
Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

California Labor Code makes failure to have workers' compensation a misdemeanor under Section 3700.5. ... Failure to comply with the stop order is a misdemeanor and punishable by up to 60 days in county jail, a fine up to $10,000, or both.

Penal Code § 1524 CaIECPA California Electronic...
Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Can I charge some for stealing or otherwise unknowingly buying my cat and refusing to return him?
Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

CLEARLY YOU CAN FILE IN CIVIL COURT.

THE FACTS WOULD DETERMINE IF A CRIMINAL FILING WOULD BE ACCEPTED BY THE DA.

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2 Answers | Asked in Criminal Law for California on
Q: Okay so I was wondering if they this cop did an unlawful search of my vehicle.

I was pulled over because supposedly i made a left turn in a straight lane. But in my defense I didnt see any road marks and i even used my blinker. Anyways she asked me for my is or drivers license which I didnt have cause i left my wallet at the hotel room like a dummy. She said had me get out... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 11, 2019

Unfortunately, the law allows the officer to search for your license or ID. Of course there are limits to where they can search.

You should consult with a lawyer in your area immediately; most offer free consultations.

Good luck!

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Identity Theft for California on
Q: gaslight gang stalking

Expert Lawyers on gaslight and gang stalking, harassment, attempted murder in home

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 11, 2019

Sorry, is there a question you would like to ask?

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2 Answers | Asked in Criminal Law for California on
Q: Is it illegal 2 to ride a bike wrong way of traffic if I'm in the bike lane in California

The other side the road had no bike lane

Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

I BELIEVE IT WOULD BE WRONG BUT A JUDGE MIGHT BE VERY SYMPATHETIC..........

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1 Answer | Asked in Criminal Law for California on
Q: How long does it take a court to process a nunc pro tunc jugement and send to cdcr to apply the new pre sentence credit?

I"m a non violent second striker who was sentenced to 8yrs at 20/33%. During my incarceration I did some research and found out that the courts made a mistake in my presentencing credits (good conduct credits). They awarded me 352 actual days plus 71 good conduct. When they should have given me 352... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

I AM NOT SURE THERE IS A PRECISE AMOUNT OF TIME.

IT VARIES FROM CLERK/COURT TO COURT DEPENDING ON HOW BUSY THERE ARE

1 Answer | Asked in Criminal Law for California on
Q: My common-law husband passed away his daughter changed the locks on our house kick everything sold everything

She took the money that was in his account that was some of the money with mine she took all my belongings or his belongings the things we bought together what are my rights

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 9, 2019

First of all, there is no "common law" marriages in California.

Second of all, this is a probate issue, not criminal defense!

As far as her taking money that can be traced to you, that would be a theft that you can report it to the police.

Of course, if he had a Will, that...
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4 Answers | Asked in Criminal Law for California on
Q: If I was charged with domestic violence n had a court date n missed it,can I call a judge to get another court dat
William M. Weinberg
William M. Weinberg answered on Nov 9, 2019

You should hire an attorney and go to court to get the warrant cleared up as soon as possible. If you cannot afford an attorney, contact your local public defenders office, let them know your situation and appear with one of them.

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1 Answer | Asked in Criminal Law for California on
Q: If I was search against my rights and they found drugs on me can I suppressed a motion and beated

I was stop for recycling or trash digging

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 8, 2019

Too much missing information to give you an answer. For instance, are you on Probation for anything that may have Search and Seizure conditions? If you were caught committing a misdemeanor that you were going to be arrested for (as opposed to being given a citation) the officers can say their... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Would I get booked in if I show up to court ?

Ok so I got arrested on a d.v charge pleaded guilty and was released with an order to attend classes and a couple of things.. I went to my first court day once release to show proof I enrolled into class but haven't gone to the class nor did I show up to my second court day so a warrant was put out... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 8, 2019

You should retain an attorney or contact the attorney who represented you at the time of your plea. Judges are very strict on DV classes and you have already gotten an extension, so the Judge can violate your probation and sentence you to jail, community labor or prison if it was a Felony.... Read more »

2 Answers | Asked in Criminal Law for California on
Q: Dale I fell behind in my caltrans and my parents but I reported every month and stayed out of trouble. Lancaster court
Dale S. Gribow
Dale S. Gribow answered on Nov 7, 2019

more info needed.

i practice in Palm Springs which may be different from Lancaster.

hopefully, you have a good excuse for the court.

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3 Answers | Asked in Criminal Law for California on
Q: I got 180 days in La county jail for a technical violation of probation how much time will I do.
William M. Weinberg
William M. Weinberg answered on Nov 7, 2019

Currently, it's commonly thought that inmates serve about 10% of their sentence.

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