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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: In county jail my sister was doing her sentence and filed a 1381 form to different county she had

And they pick her up when her time was done and took her to court . The da only gave her time for the day he got the form and not the day she's been in custody..

06/11/2024 to 11/08/2024

Credit only from 09/08/2024 to 11/08/2024

Does she write a letter to judge to... View More

Marc David Pelta
Marc David Pelta
answered on Nov 30, 2024

No, I do not see how a letter to a judge will matter at this point unless your sister works with experienced criminal defense counsel to draft such a letter. I realize that this kind of "advice" is common in jails. We refer to it as "jailhouse lawyering". I've even been... View More

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2 Answers | Asked in Criminal Law, Real Estate Law and Business Law for California on
Q: I inherited half my uncle's residence which is a duplex. He receives rental income I get nothing Can I force him to sale

I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More

James Clifton
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James Clifton
answered on Nov 25, 2024

You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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2 Answers | Asked in Criminal Law, Estate Planning, Federal Crimes and Stockbroker Fraud for California on
Q: I urgently need help w. fraud forgery & mismanagement of a Trust affecting my rights trustees accountable?

I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More

Julie King
Julie King
answered on Nov 15, 2024

Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

James Clifton
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James Clifton
answered on Oct 16, 2024

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

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2 Answers | Asked in Criminal Law for California on
Q: I lied to have my boyfriend arrested because I was protecting him from someone who was threatening him figures jail was

We live w my mom n her boyfriend and he suffers from skitsofrenia my mom’s boyfriend attacked him beat him in his head and was going to do it again if he had another episode so during an outburst I told the cops he choked me to save him from being assaulted again I figured jail was safer for him

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You could possibly get in legal trouble for coming forward with the true statement of what happened. However, you may also have legal defenses because you possibly had good reasons to make the false statement.

If I was in your shoes I would give a statement to the defense and possibly the...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How to get a criminal protection order dismissed penal code 136.2

The DA filed it on my behalf after my boyfriend broke my cell phone durning a 911 call he was having mental health issues

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Sexual Harassment and White Collar Crime for California on
Q: Is it possible to get a pro Bono lawyer to take on an enormous case ?

An ex fbi agent , a retired policeman (who became Western communications operator director) , a CP's rep, an ex highway patrol officer, and few other retired policeman in an organized fashion commiting fraud, harassment , gang stalking , cyberstalking, and intimidation, while trying to obtain... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2024

There are many great lawyers who can help you right in your county. This website is not a Lawyer referral service, so you won't be able to find someone here. Do a simple Google search for harassment lawyers in your area, and you should get plenty of ideas about whom you can contact. You have... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Federal Crimes for California on
Q: What can I do? How do I get fair constitutional treat. Who would help me get justice and equality?

African American male living in a multi family dwelling. Neighbor is Mexican woman. Last 4 wks her unwarranted bias has increased. Wk 1 & 2 she blamed me for stealing a phone she admitted to losing. Calling me derogating names, and expressing disdain of my presence. Throughout building & in... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2024

You can file civil harassment charges against your neighbor. If you know how to fill out the forms, which you can get online from the court's website, you can do this yourself; otherwise, you'll need to find a local attorney who will file the charges for you. You can get the proper form... View More

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2 Answers | Asked in Criminal Law for California on
Q: I need a battery charge to be dismissed.

There were tenants my father was evicting, and my father and I got into a heated argument with the tenants as they had moved they had left personal Items open doors and gates because they wanted the home to get vandalized, cops would come at night because neighbors would call police letting know... View More

Nate Crowley
Nate Crowley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Sounds like there are lots of witnesses, self-defense issues, defense of others issues. You have the right to a jury trial. In some cases, a jury acquittal is the only route to a dismissal. In some cases, jury trial doesn't make good sense for the defendant. You need professional advice. Find... View More

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1 Answer | Asked in Criminal Law for California on
Q: How will they check up on my classes during an early termination hearing?

I have been doing a class during probation but have been struggling with it. It’s at your own pace with no instructor to talk to.

Will the da go to the school and find out about how I’m doing and ask about me, or will they just want some proof from me that I’ve been doing the course... View More

James L. Arrasmith
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answered on Jul 26, 2024

During an early termination hearing, the court will likely require proof that you've been participating in your class as part of your probation conditions. This proof can typically be provided through official documentation from the school or program. The District Attorney (DA) will not... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If you're arrested in retaliation for filing a complaint, how do you present that during your case/trial to the court?

I had a warrant out for the past 5 years that the sfpd ignored, never acting on it. 1 month after filling complaint about an officer who filed my 2016 vehicular assault as a 'traffic collision' I then suddenly get arrested for the warrant and the first cop to greet me at the station is... View More

James L. Arrasmith
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answered on Jul 25, 2024

To present your case effectively in court under California law, you should first gather and document all relevant evidence. This includes keeping copies of your complaint, any correspondence, and notes about your interactions with the police, especially the officer you filed the complaint against.... View More

1 Answer | Asked in Criminal Law for California on
Q: We had n iron clad prenup “no guns” after 10 years step father, snuck a gun in 5’ away from him, he suicided

But three days bf he died he came to get me wanting to tell me something he said “if Dave ever hits you or me, or one of the little kids I’m going to take his gun and blow his head off, he said, “Mom when you go to work at night he comes and wakes us up and makes us go out into the garage... View More

James L. Arrasmith
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answered on Jul 25, 2024

I'm so sorry you're going through this. In California, determining whether a death qualifies as negligent homicide involves evaluating whether someone acted in a way that was reckless or careless, leading to another person's death. For your son's case, it would need to be proven... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

James L. Arrasmith
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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Criminal Law for California on
Q: If I'm only supposed to be tested weekly for only alcohol, what can I do if I'm now getting drugged tested?

My case is in san mateo county. This is my first offense.

James L. Arrasmith
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answered on Jul 24, 2024

If you were informed that you would only be tested for alcohol and now you're being drug tested, it's important to address this discrepancy promptly. You should review any documents or agreements related to your case to confirm what was originally stated regarding the testing... View More

1 Answer | Asked in Criminal Law for California on
Q: can 'non violent' felons in NY state with 'certificate of relief from disabilities' purchase firearm in California?
James L. Arrasmith
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answered on Jul 24, 2024

In California, firearm laws are very strict. Even if you have a Certificate of Relief from Disabilities in New York, it doesn’t automatically grant you the right to purchase a firearm in California. California law imposes its own restrictions on firearm ownership for felons.

You must...
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1 Answer | Asked in Criminal Law and International Law for California on
Q: How can the documents received as reply to a discovery following a court order by certified/notarized/apostilled?

Hello, I want to find out that if an institute has been subpoenaed to provide relevant documents to an attorney representing a client, and the same have been sent to him on email, how can we get these documents certified/notarized/apostilled to be used as legal documents in a foreign country? The... View More

James L. Arrasmith
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answered on Jul 24, 2024

To get the documents certified, notarized, or apostilled, you should first print the documents received via email. Once printed, take the documents to a notary public in California. The notary can certify the authenticity of the documents by adding a notarial certificate.

If you need the...
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1 Answer | Asked in Immigration Law and Criminal Law for California on
Q: I got a citation for 594(a) Misdemeanor. I am on H1B visa, will it affect my H1b renewal visa stamping(case pending) ?

I got a citation in California for 594(a) Vandalism Misdemeanor. I am on H1B visa.

This is my first ever crime in my life. The case is still pending. I wasn't arrested neither I am convicted (case/charge pending). My wife is on H4 visa and we are planning to visit India for h1B visa... View More

James L. Arrasmith
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answered on Jul 24, 2024

Dealing with a citation for a misdemeanor vandalism charge while on an H1B visa can be stressful. Since your case is still pending and you haven't been convicted, it might not immediately affect your H1B visa renewal stamping. However, visa officers have discretion, and they may consider the... View More

Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

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