Lawyers, Answer Questions  & Get Points Log In

California Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Elder Law for California on

Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?

This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.

Steve A. Buchwalter answered on Sep 15, 2019

I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.

1 Answer | Asked in Criminal Law and Family Law for California on

Q: Can u sue somebody for putting hands in u in the past if u have enough evidence?

Gary Kollin answered on Sep 14, 2019

You can sue anyone for anything. The viability of the suit is a different question

2 Answers | Asked in Criminal Law for California on

Q: How do I get my record expunged?

Robert John Liskey answered on Sep 14, 2019

What is the conviction for on your record? Is it a misdemeanor or felony?

View More Answers

2 Answers | Asked in Criminal Law for California on

Q: I had a felony case reduced to misdemeanor in 1992 for marijuana possession

I had a felony case reduced to misdemeanor in 1992 for marijuana possession

The DOJ still lists the felony convictions on my DOJ REPORT

At the bottom it’ says “reduced to misdemeanor”

How do I get the felony convictions removed ? The fbi record show and consider me... Read more »

Stanley Dale Radtke answered on Sep 14, 2019

Have you looked at vacating your conviction all together under Health and Safety Code section 11361.8?

Check out the package put together by the Orange County Superior Court.

https://www.occourts.org/self-help/formpackets/forms/SHC-CRIM-12.pdf

View More Answers

1 Answer | Asked in Civil Rights and Criminal Law for California on

Q: exwife roommate gave police my gun and drugs she said were mine

4 months ago a rented a room from exwife I paid the rent about $1100 a month, well in June I had someone over and she saw him smoke a meth pipe. so she asked me to leave end of month,so 4th of July went up north was gone 10 days. July she called asked if I wasn't leaving if not pay whole month rent... Read more »

Gary Kollin answered on Sep 12, 2019

You wrote a single run on sentence which is not understandable

3 Answers | Asked in Small Claims and Criminal Law for California on

Q: 2 boys about 10 and 13, were shooting my family and house. I hit one can i go to jail, im 15

Long story short, the 2 boys shot my brother and I, almost shot my sisters (the youngest of us) broke a window, stole a skateboard and snapped it. After that i chased the older one on my bike about 30 ft stopped him, pulled him off my bike and slapped him. After that I smashed it on the ground and... Read more »

William John Light answered on Sep 12, 2019

Perhaps. You have the right to use reasonable, proportional force to defend yourself and your property. Penal Code section 198.5.

At the time you struck the boy, you were not engaged in self-defense. He was fleeing and you chased him down. You were meting out punishment. Whether there...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on

Q: what happens when your charged with brandishing a gun?

It was a bbgun. have not been arrested nor do i have a criminal record.

Dale S. Gribow answered on Sep 11, 2019

more info needed.

maybe hire a lawyer in your area of the state and he could possibly talk to the filing deputy in the DA's office

3 Answers | Asked in Criminal Law for California on

Q: Two police without uniforms went to our old address and show my father picture to my neighbor and asked her question

We do not know why, he did not do anything wrong, and the address the went is our old address

William Jaksa answered on Sep 11, 2019

Sounds like these plainclothes officers are conducting an investigation OR your neighbor is playing games with you.

View More Answers

2 Answers | Asked in Criminal Law for California on

Q: If i have been to two court dates and have court tomorrow have i been charged with a crime

I have been accused of a crime ..but haven't arrested nor interviewed (They were readiness hearings..they extended the court date..No didn't receive any papers.)

Robert John Liskey answered on Sep 11, 2019

What were the nature of the two hearings? What was said? Have they given you any papers?

View More Answers

1 Answer | Asked in Car Accidents and Criminal Law for California on

Q: Can i sue a dealership for putting value of truck wrong making payments late...causing registration skyrocket to 1000.

Also cirrent plates are diff than ones on registration..

Dale S. Gribow answered on Sep 11, 2019

Every case is unique and more information is needed to properly answer your query intelligently.

It is always a good idea to contact a local attorney that handles these types of cases in the court where you would have to appear.

In other words, I am in Palm Springs and you don’t...
Read more »

2 Answers | Asked in Criminal Law for California on

Q: My son is a deployed US Soldier. His car is in the hands of a woman refusing to return it .located Merced county CA.???

He asked me to try to pick it up on the 15th if she refuses what can I do ?

Gary Kollin answered on Sep 11, 2019

Before you do anything you should obtain a power of attorney from your son which specifically applies to the car. You should obtain a certified copy of the title.

do you have a key?

If the car is on public property simply get into the car and drive it away.

go to the local...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on

Q: In 2004 I pled "No Contest" to a felony charge (HS 12677) I want to get it expunged.

I completed all the programs, paid my fines and finished probation. It has been 15 years since then and I would like to get that charge expunged or reduced to a misdemeanor.

Dale S. Gribow answered on Sep 10, 2019

For a Felony:

Expungement removes but does not seal your record. You can’t seal a DMV record which is used more often by employers. Sealing is normally used for a Juvenile case, not an adults. You must show an overriding public interest in sealing. This would occur when someone wants to...
Read more »

2 Answers | Asked in Criminal Law for California on

Q: public defender took my new case but then filed conflict of interest,why? is that legal in criminal law?

i have a open appeal from a case from last year and my new conflict attorney knows nothing bout appeals.

Dale S. Gribow answered on Sep 8, 2019

not only is it legal but probably mandatory when the lawyer believes there "could be a conflict".

he may have represented someone in the past adverse to you.

ask for another conflict attorney if your atty is not able to properly represent you.

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Federal Crimes for California on

Q: Hi, I’m looking for a lawyer who will help in a case of stalking and false imprisonment. Can you help me? Thank you

I have all the proof of innocence in this case. Tapes, transcripts, and so forth.

Robert John Liskey answered on Sep 8, 2019

Yes, but I need more details. Can you call me to discuss. My cell number is+16263195817

View More Answers

1 Answer | Asked in Criminal Law for California on

Q: My husbands Docket says Probation Memorandum sent to Judicial Assistant, Then says Report of probation officer sent????

He has been i jail since july 12 and no one has given either one of us. I have to rely on the internet. Ive got no clue what either of the above means. His next court date is Sept 11. So are they letting him out on probation? is it still questionable?

Dale S. Gribow answered on Sep 6, 2019

more info needed.

if you have a return date then you must have a private or court-appointed lawyer.

That is the person that would have all the info in front of them. With that info they can answer any of your questions.

3 Answers | Asked in Criminal Law for California on

Q: FELONY WARRANT SINCE 2014 FOR PC3056 ONLY - NO POLICE CONTACT

I HAVE A FELONY WARRANT FOR NOT REPORTING TO MY PO BACK IN 2014, I HAVE NOT HAD ANY POLICE CONTACT AND DO NOT HAVE ANY OTHER CHARGES. IS THERE ANYWAY THAT THE CHARGE CAN BE DISMISSED? OR CAN THE CASE BE CLOSED WITH OUT ME HAVING TO TURN MYSELF IN?

Robert John Liskey answered on Sep 5, 2019

Anything is possible. It all depends on the circumstances of the warrant. Feel free to call me to discuss.

View More Answers

2 Answers | Asked in Criminal Law for California on

Q: So I dont need one at this moment till we go to court?

Gary Kollin answered on Sep 5, 2019

Do you wait to obtain medical care until you are on the operating table or do you do it in advance?

View More Answers

1 Answer | Asked in Criminal Law for California on

Q: My boyfriend go woke up by police, tazed 3 times and taken to jail...we are homeless so he sleeps with knife...

He did go to hospital. Should we sue Alameda? They have been harassing the homeless.

Dale S. Gribow answered on Sep 5, 2019

a lawyer can't evaluate a case with that limited amount of info......

has he been arrested before by same police?

on probation or parole?

did he refuse to follow instructions of police?

does he have to appear in court? if so he needs to ask for a court appointed...
Read more »

3 Answers | Asked in Criminal Law and Sexual Harassment for California on

Q: I have a 15 year old son that has been accused of sexually battery at school and his been suspended and has a court date

Court date 10/18/19

And he didn't do it can u help us?

Dale S. Gribow answered on Sep 5, 2019

more info needed.

i am in palm springs and suspect you are not.

you need to get a lawyer in your area and if you can't afford one the court will appoint one for your son if he is charged with a crime.

View More Answers

5 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Constitutional Law for California on

Q: I had a check returned and the small business is threatening to put my wife's and my picture on the wall. can i Sue?

i have txt message saying if you dont pay i will put pictures on wall of you.

can i sue for defamation why is he posting my wifes picture and also mine.

Gary Kollin answered on Sep 5, 2019

Sue for what? Slander?

Truth is an absolute defense

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.