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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Legal Malpractice for California on
Q: I paid lawyer up front for services he did not provide, how do i get a refund?

In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.

In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Misdemeanor Ticket for Court Visitation Order Violation?

On November 23rd, I received a misdemeanor ticket from Glendale Police for violating a court visitation order. The ticket states that I need to appear for a court hearing on December 18th. However, when I visited the court on December 4th to submit evidence proving that I did not violate the order,... View More

Dan Moseley
Dan Moseley
answered on Dec 5, 2024

It is possible that the DA's office may not file charges by 12/18. They have a year from the date of a misdemeanor incident to do so and are not required to file on or before the court date shown on your police citation. Nonetheless, if you do not show up in court on the 18th, or hire a lawyer... View More

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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
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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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3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California on
Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... 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

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