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California Criminal Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Criminal Law for California on
Q: can I be arrested for jumping thru a window to retrieve my gfs dog that wasn’t going to be given back by her mother?

My girlfriend and I recently got kicked out by her mother for such unjust reasons, but we weren’t able to retrieve all of our belongings including her dog whom she’s owned for almost 5 years now. We arrived today and called if we can have her dog and go in peace, instead her mother refused, and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 14, 2020

Trespass is the criminal entry onto the property of another without privilege. If you committed a trespass, you could be arrested. What you did is called resorting to "self help" and is best left to vigilante movies.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Criminal Law for California on
Q: I got two strikes that were misdemeanor I never fought the case just to preliminary hearing can I delete the strikes?

Not romero act can I remove it permanently? Appeal my case is it possible to remove it permanently.

Dale S. Gribow
Dale S. Gribow answered on Jul 11, 2020

MORE INFO NEEDED.

IT SOUNDS LIKE YOU DIDN'T APPEAR FOR ANY COURT PROCEEDINGS AFTER THE PRELIM?

IF SO THERE IS A BENCH WARRANT WITH A BAIL REQUIREMENT OUT FOR YOU.

IS THERE A GOOD REASON FOR NOT APPEARING?

WAS THIS LAST MONTH OR MANY YEARS AGO? IN THE SAME STATE?...
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1 Answer | Asked in Criminal Law for California on
Q: I just have a question regarding 1170.126pc.

What will happen at this hearing? It is referred to as a Suitability Hearing on the Court Docket. Is this the same as a Post Conviction hearing.

Dale S. Gribow
Dale S. Gribow answered on Jul 11, 2020

MORE INFO NEEDED.

SECTION 1. It is the intent of the Legislature in enacting this act to allow people who are committed to the State Department of State Hospitals upon a conviction for an offense that would otherwise fall within the resentencing provisions of Section 1170.126 or 1170.18 of...
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1 Answer | Asked in Criminal Law for California on
Q: I got two 2 strikes residential burgerly and 2nd degree robbery. Can I remove these 2 strikes permanently not Romero Act

1st strike I didnt go to preliminary hearing. I didnt break in the apartment. The manager opened the door for me so clearly theft. I did a pety theft at the Rite Aid the security grabbed me and I pushed him off me. Only preliminary hearing this case and the judge was laughing that I took this deal.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 11, 2020

MUCH MORE INFO NEEDED.

THE FIRST THING YOU SHOULD DO IS MAKE AN APPOINTMENT WITH A CRIMINAL LAWYER IN YOUR AREA.

IF YOU HAD A COURT APPOINTED LAWYER TRY TO CONTACT HIM/HER.

ARE THERE OUTSTANDING WARRANTS?

WHEN WAS PLEA? I ASSUME WITH A LAWYER?'

IT IS...
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1 Answer | Asked in Criminal Law for California on
Q: I got 2 strikes on my record can I delete them permanently. Not the Romero Act.

Appeal those cases I never went pass preliminary hearing. I know these cases is a misdemeanor. Can I delete them off my record permanently? So is it possible to go back to court on these cases?

Dale S. Gribow
Dale S. Gribow answered on Jul 11, 2020

MORE INFO NEEDED. NOT CLEAR OF CHARGES ETC

AFTER ½ THE TERM OF PROBATION imposed by court IS UP, you CAN FILE FOR EARLY TERMINATION AND EXPUNGE. It is far from automatic.

California law allows a person who has been convicted of a crime to have that conviction expunged. A California...
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2 Answers | Asked in Criminal Law for California on
Q: My brother has been in jail 20 years, since I was a kid. Is there a way I can get his court/trial docs?

I grew up without my brother and recently he has gotten into contact with me and wants to be involved in my life. I would like to know the details of his circumstances first, since nobody in our family ever discussed it. He told me he has no copies of his documents and I was wondering if I could... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 11, 2020

Sorry to hear you had these family concerns since your childhood. Court records are public records. In order to search for court records, you need to know the defendant's name and the year he was either charged or convicted or both. If he was in prison for 20 years, I would assume he... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I have a warrent for graffiti misdemeanor charge im wondering what is the max time i can be held
Dale S. Gribow
Dale S. Gribow answered on Jul 10, 2020

more info needed.

with corona virus so prevalent, they might not hold you at all.

your prior record would be considered as would the seriousness of the graffitti.

1 Answer | Asked in Criminal Law for California on
Q: If Im crossing the US/Mexico border in California and have a misdemeanor warrant Will I be arrested by customs officers
Dale S. Gribow
Dale S. Gribow answered on Jul 10, 2020

more info needed.

with sophisticated computers, i would expect they would pick it up.

i believe the underlying charge would be taken into consideration.

3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: If an appeals court dismisses a charge of stalking, can the counnt of false statement continue as charged and valid

while being questioned by a kohls investigator, about a stalking incident, def stated he never saw or met the victims b4 said incident. def was arrested for giving a false statement, due to a video survailance showing him talking to victims 2 weeks prior. def. state he sincerely didnot remember the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

Something tells me that you don't have the facts straight. First, a Kohls investigator does not work for the government, so a statement to a private individual is not a statement to the government. Next, your facts indicate that the Court of Appeals considered your arguments about the false... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: It took me tèn years to prove the abuse in which my ex husband did to us. A 730 evaluation was done and i have not been.

Back. In those ten years , my ex took house and business with his now wife. By way of fraud. He got married while we where still married . i would like to see what i need to do to end this. I would like to be heard. Is that possible.

Dale S. Gribow
Dale S. Gribow answered on Jul 8, 2020

more info needed.

i would suggest you write out a detailed summary of the facts so that a lawyer doesn't have to play secretary and bill you for his/her time in writing the info out.

this is the type of case I believe most lawyers would take only on an hourly.

i...
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1 Answer | Asked in Criminal Law and Sexual Harassment for California on
Q: my Ex bf is accusing me of hacking into his computer and iPhone since we broke up. What do I do?

My ex and I broke up a month ago since then he’s confessed to cheating on me several times and confessed to injecting meth behind my back. He’s tried to get me back but I do not want any part of him. He is now accusing me of hacking into his computer and phone and saying he has proof from... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

Thanks for your post. IMO, the police are not likely to be very excited that your bf got his collection of nudes erased, unless he is a dealer in fine art. Being a self confessed meth injector kinda points the other way. And go over there "with clean lady parts"?? What does that mean?... Read more »

1 Answer | Asked in Criminal Law for California on
Q: So a hit and run was taken place and the car was left on my property the cops showed up went into my back yard and arres

Arrested me and found illegal substances can i fight it

Maurice Mandel II
Maurice Mandel II answered on Jul 7, 2020

You really need to contact a Criminal Defense Attorney to discuss the particulars of your situation. You may have a defense to the discovery of the evidence against you and the attorney will advise you what it will take to defend you from any criminal charges. In the future, if a crime takes place... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I am scheduled to appear in court on the 10th of July, Im in quarantine. I live in Riverside county. What do I do ?

This is an arraignement for a case that happened in 2008. I was picked up on a warrant in

Temecula several months ago.

I was to show proof of completion on a prop 36 class on 10/2014. I did not appear . They also charged me with a violation of probation. I didnt think I was on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 6, 2020

more info needed.

as a rule, one can't transfer cases.

you were probably placed on summary probation on prior with conditions that you didn't follow.

if you don't appear a bench warrant will be issued, but, it should be fairly easy for your lawyer to put the...
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1 Answer | Asked in Criminal Law for California on
Q: Can I get charged with robbery if I was with my friend when she pulled out pepper spray on a LP at a store?

Thanks

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Wow, this would make a great Law School exam question, but you probably don't want to hear that. Several factors at work here, first you need to discuss this with your own attorney and not post this on a public website where the police can take this information and use it against you as an... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(says 1,000 characters? )

This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.

I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2020

more info needed.

i am confused with the facts.

you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.

OR better yet, contact the lawyer who represented you.

s/he will be able to explain what happened and have all the facts.

1 Answer | Asked in Family Law, Personal Injury and Criminal Law for California on
Q: How do I legally register my fiancee as my emotional support person? Like a support animal but support person.

My fiancee was arrested for something receiving known stolen property but he didn't know it was stolen but because the cops found the stolen stuff in his house they are claiming he knew it was stolen. They're trying to give him 3 years but I legitimately can't go a day without him.... Read more »

William John Light
William John Light answered on Jul 4, 2020

There is no such thing as a legal registration for support animals. Someone on the internet will sell it to you, but it means nothing. There is also no such thing as a "support person." Even if there was such a thing, and your boyfriend qualified to be one, that would not be a defense... Read more »

2 Answers | Asked in Criminal Law, Tax Law and Federal Crimes for California on
Q: What happens when somebody spends somebody else's unemployment benefits that where obtained fraudulently?

Let's say a Person A files for unemployment benefits but doesn't have an address so he has them sent to Person B's address. Well then when the unemployment benefits arrive in the form of a debit card to Person B's address, Person B decides to go ahead and activate the card and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

It is against the law for an attorney to counsel someone on how to evade the law or commit a crime. Perjury is a crime as is subornation of perjury. In your scenario, A has committed a crime by falsely applying for benefits, but if he never worked then he did not amass the required quarters of... Read more »

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3 Answers | Asked in Criminal Law and Sexual Harassment for California on
Q: Can a older mother get in trouble for wearing a see through nightgown and from her son's friend's Being Flirtatious

She would bend over directly and front of my friends so they can get a good view I guess When she's gane undressed or dressing in a Room the door be partially open she does have any curtains on Her bedroom windows so and it's a real low window directly by the carport

William John Light
William John Light answered on Jul 3, 2020

Depends on how old the son's friends are, how see through the nightgown is and what "being flirtatious" means.

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1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law for California on
Q: back in early Feb, I had a terrible mental breakdown which resulted in me hitting my mom (only in the arm) and yelling

questions been answered.

Dale S. Gribow
Dale S. Gribow answered on Jul 2, 2020

more info needed.

clearly, you should ask the court to appoint a public defender to represent you at no cost.

i suspect you had a court date and since you were on a 5150 and couldn't be there, that someone notified the court and they took it off calendar or issued a warrant and...
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