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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: Can I be charged as a party to theft because I was in the vehicle with the person who stole merchandise from a retailer

I did not know that this person had intentions of stealing. I was done so I went out to the car to wait for them. A week later, I receive a voicemail from a detective asking me to call him back about questions he has for me. The other person involved was told that they have 30 days to turn... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

You should immediately contact a criminal defense attorney who can advise you of your rights. There are many attorneys who advise persons under criminal investigation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I need some advice my husband should be home already took several laws that just passed

My husband has a 10-year sentence he has serve 6 years of that 10 he got five for a strike enhancement and one for a prison prior and four years for the crime he committed I believe law sb483 should have him home already tell me what I can do to get him out I need a pro bono lawyer do you have any... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

The department of corrections can give you his release date. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: What are the laws against store employees touching you for shoplifting

I was shoplifting at a local grocery store. I walked out and immediately was grabbed from behind,pushed,cursed at,hit ,my personal belongings taken from me and they refused to give it back. They also destroyed my personal property and ripped my shirt. There were 2 bigger men and one woman and none... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

Generally, a person or company can use non-deadly force to defend their property. This can include restraining you. In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or... Read more »

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1 Answer | Asked in Criminal Law and Internet Law for California on
Q: I am being texted by my moms neighbor. I used to live there but moved out two years ago. I never have spoken to him.

I don't know how he received my number but he started sending me pictures and messages in a foreign language. I ignored all messages as I assumed they were from a mistaken sender until one day I receive a picture of the cars in front of my moms house. I google the number and we trace it to my... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

I also think a restraining order may be a good idea given what you've shared. Given this is not a close family member, you'll need to speak with an attorney about filing a request for a Civil Harassment Restraining Order. Good luck. [I litigate cases. Anything posted here must not be... Read more »

1 Answer | Asked in Criminal Law for California on
Q: How do you calculate sentencing time? I'm not sure how 1/3 time works and if credits apply to it?

If someone is sentenced 6 yrs. The 1st charge is MID term of 2yrs, and the six last charges EACH say 1/3 MID term (8) months Consecutively. There are also 600 days credit from jail. How much would need to be served before release? any info would be helpful thanks

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

It sounds like the judge sentenced the defendant on the triad as the principal term with an additional or consecutive term of 1/3 the mid-term of the second count for which he was convicted. Pre-sentence jail credits are using doubled under PC 4019, which would be deducted from the sentence. 600... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Looking for assistance with my son's case. Any free advise, costs etc. Charges are 2nd degree murder. Bakersfield CA
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

If a criminal defendant cannot afford an attorney, the court will appoint a public defender. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Do you help with arson from Sacramento?

I have been accused of arson never arrested but my mom's house was raided by swat I wasnt there. So they never arrested me. And now I'm on the run. I believe my life was in danger and I lit my shirt on fire and then I woke up and more then my shirt was on fire. I scared I didn't mean... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Not sure what you mean, but there are good criminal defense attorneys who can represent you in an arson case in Sacramento. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

1 Answer | Asked in Criminal Law for California on
Q: My husband has 3 Fe felony possession of a controlled substance charges and one battery on a spouse I was just wondering
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

He needs to hire an attorney who will fight for him. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What will happen if I didn't tell the police everything when I called on my spouse? How can I help dismiss the case

I called the police on my spouse cuz he took my cell phone and pushed me to the floor and I thought he was trying to do something to my mom. But he only pushed me cuz I was grabbing him and stopping him from getting in his car and he was trying to takey phone and we both were pulling it and I let... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Witnesses should always tell the truth. You're not going to hear otherwise here. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law for California on
Q: Southern In Custody Arraignment, -

what does that mean

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It means the person has not posted bond or been released on his or her own recognizance. Most likely, the case is a felony. The person in custody should hire an attorney to represent him or her. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Hi. Why did they hear us for a later case rather than the one that was scheduled. They messed up

How do you find out if protective body cam was on. Judge never confirmed. For Miranda rights

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

I don't know, but it sounds like you're facing criminal charges. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and Domestic Violence for California on
Q: Today the local News made a false post listing my spouse as a violent sexual offender. He has never had a sex charge.

He was sentenced yesterday to 20 yrs for domestic violence, I am the victim. Labeling him as a sex offender carries a huge risk for his safety, as well as my own. Is there any recourse?

James L. Arrasmith
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answered on Sep 18, 2022

If it is a matter of public concern (as it seems to be) there are constitutional considerations. The statement would have to have been made with actual malice. It must also be provably false and that the news company either (1) knew it was false or (2) had a reckless disregard for its truth or... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I was charged with Arson last year and made to register and take a strike with jail time. Is there a way to appeal this

I was suicidal when I set the fire and drinking. The cops did not report this when they charged me and my public defender didn't help me purse mental health court when I expressed that I suffered from mental health issues. I pled guilty not knowing about the option of mental health court and I... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed, such as when you pled guilty and the facts and circumstances surrounding your guilty plea. Say nothing more here, but speak with an attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: On bale and police will not show warrant to lawyer. Police harassing family saying I have a warrant for arrest.

DA says police have not sent them anything so there is no case. courthouse says bale is examerated because the DA did not provide them with anything. Police still trying to arrest me on mystery warrent. Balebondsman says they do not see any warrants.

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: I'm a victim of crime i got shot and I was wondering how much money would you guys charge me to get my U visa .

I also have the paper work to start my U visa process how much would you guys charge me to get my U visa at the moment I homeless but I can work something with you guys like payments

James L. Arrasmith
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answered on Sep 16, 2022

Most attorneys in California will require money upfront, but some attorneys do take payment plans. I take both; however, at the moment, I am not taking more cases on a payment plan.

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2 Answers | Asked in Criminal Law and Immigration Law for California on
Q: I'm a victim of crime i got shot and I was wondering how much money would you guys charge me to get my U visa .

I also have the paper work to start my U visa process how much would you guys charge me to get my U visa at the moment I homeless but I can work something with you guys like payments

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

A foreign national who is a victim of a violent crime and assists the police with an investigation to apprehend the suspects will qualify for a U visa leading to a green card. You should retain counsel anywhere in the United States for legal representation for your case.

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1 Answer | Asked in Criminal Law for California on
Q: I rented a car on Friday and Sunday while I was sleeping my girlfriend took the car and Hasn’t been bac, is it stolen?

She didn’t have my permission to take car, she won’t answer my calls or text messages, her name is not on the rental agreement at all, I need to return the car tomorrow or charges will start adding up. Can I report it stolen? Or since she lives with me is that not an option?

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Have you tried contacting her? You may want to start there. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law for California on
Q: Ilive in a apartment the sheriff came and conducted a probation search my stuff was searched i got busted for drugs

Person never lived there thry searched my stuff after ther sweept the apartment for suspect found weed and speed in my part of the room did they violate my rights

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Speaking generally, a term of probation is that 4th Amendment protections against warrantless searches and seizures are suspended or do not apply while a person is on felony probation [these so-called "search terms" can be imposed as a term of misdemeanor probation too]. Where rights are... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: If someone confessed a serious crime to me, was violent &threatening towards me, what legal options do I have
James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

I won't speak to your situation. But if a crime has been committed [against you], then you can report that. If you've been harassed, as that term is defined in CCP 527.6 & 527.9, then you can seek a civil harassment restraining order. The CH-100 form states it this way:... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Can law enforcement release evidence / property that was said stolen to a individual who don't have a police report

Or proof of purchase then tell them they can fill a stament out and they can take what they claim is there

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

The police are not going to release evidence. I'm not sure what else you're asking. Speak with a lawyer. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

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