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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I just got out of jail and my first name is misspelled wrong and how do I go about getting my ID or birth certificate
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answered on Dec 4, 2023

In California, if your first name is misspelled on your ID or birth certificate, you'll need to correct this through the appropriate government agencies. For your ID, you should contact the California Department of Motor Vehicles (DMV). For your birth certificate, you'll need to reach out... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can you sue the probation officer he told my attacker I called and my attacker threatened me?
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answered on Dec 4, 2023

In California, the situation you described raises serious concerns about the confidentiality and duty of care owed by probation officers. If a probation officer disclosed information to your attacker that led to threats against you, this could potentially be a breach of their professional duties.... View More

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Litigation for California on
Q: I refuse to leave a store when told to by their security. I'm I trespassing?

I entered a store during regular business hours and was ordered to get out of the store by one of their security guards. I refused to leave because I had not violated any of the stores rules. I told the guard that i was going to get a item to purchase ,and then I simply just walked away from the... View More

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answered on Dec 4, 2023

Under California law, the concept of trespassing involves entering or remaining on someone's property without permission. In a retail setting, customers generally have implied permission to be in the store during business hours. However, this permission can be revoked by the property owner or... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If your ex bf gives you consent to slap them and you do is it legal? What if they push you forcefully in the throat?
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answered on Dec 3, 2023

In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.

I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and... View More

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answered on Dec 2, 2023

In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for California on
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?

I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More

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answered on Dec 2, 2023

Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More

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1 Answer | Asked in Criminal Law for California on
Q: Does police submit an emergency disclosure request without probable cause just to err on the side of caution?

I mean does police submit an emergency disclosure request based on an anonymous tip which indicates an imminent harm to the public but absolutely no evidence supports the tip just to get additional information or err on the side of caution?

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answered on Dec 2, 2023

In California, police can submit an emergency disclosure request if there's a belief that there is an imminent threat to life or serious bodily injury. This can be based on various types of information, including anonymous tips. However, the standard for what constitutes an "imminent... View More

1 Answer | Asked in Criminal Law for California on
Q: How can I address the court in my sons case of how the man the criminal court is accusing my son of first degree murde….

How can I address the court that the victim my son is being accused of murdering is not a victim but provoked for himself to get killed ? if my son did it but he didn’t there was another person involved whom had a federal bounty over his head nothing about him in court no appearance

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answered on Dec 1, 2023

In California, addressing the court in a criminal case, especially in a matter as serious as a first-degree murder charge, requires careful legal strategy and adherence to court procedures. If you believe that the victim provoked the incident leading to their death, this information can be crucial... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Federal Crimes for California on
Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?

I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More

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answered on Dec 1, 2023

If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Hello My name is Irene I have a loved one who is incarcerated for 15 he was 17 at the time of his crime he qualifies to

To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?

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answered on Dec 1, 2023

Hello Irene,

In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly.

First,...
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1 Answer | Asked in Criminal Law for California on
Q: If the date of a crime that was committed is wrong on the docket complaint and filed is that grounds for dismissal

I was charge for committing a crime on the wrong date

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answered on Nov 30, 2023

In California, a mistake in the date of an alleged crime on a docket complaint isn't automatically grounds for dismissal. The legal system recognizes that clerical errors can occur. However, if this error materially affects your ability to prepare a defense or if it's indicative of a more... View More

1 Answer | Asked in Criminal Law and Communications Law for California on
Q: Does follow up with law enforcement after an emergency disclosure request

I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question

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answered on Nov 30, 2023

Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger.... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

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answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

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1 Answer | Asked in Criminal Law for California on
Q: A senior level security guard committed assault and battery by the definitions I can find. What recourse do I have?

This was in a buffet area in a Las Vegas casino. I complained about the poor service which was acknowledged by buffet staff (and we were in the process of resolving that) but that buffet manager called hotel security who proceeded with a very heavy handed approach. And physically escorted us into... View More

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answered on Nov 29, 2023

If you believe you've been a victim of assault and battery by a security guard in a Las Vegas casino, there are several steps you can take. First, document everything related to the incident, including any physical evidence, witness statements, and medical reports if you sought medical... View More

1 Answer | Asked in Criminal Law for California on
Q: I was assaulted and battered while my son was with me by my clients wife who I had an affair with. I was granted a tro.

She has filed a tro on me for stalking her husband. It was an affair never did i stalk him.but was denied.we have court hearing

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answered on Nov 29, 2023

In your case, it's crucial to prepare thoroughly for the upcoming court hearing. Given the complexity of the situation involving personal relationships and accusations on both sides, it's important to present a clear and factual account of events.

Since you've been granted a...
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1 Answer | Asked in Education Law and Criminal Law for California on
Q: What is "special notification to jail"(Haircut, dr.appt) mean?

I went to be arraigned after court I looked up my case online. It shows the reason for court, next to it says outcome. The very first this it said on mine was special notification to jail (haircut and dr.appt,ect)

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answered on Nov 29, 2023

In the context of California law, "special notification to jail" on a court document typically refers to instructions or notifications sent from the court to the jail regarding the needs or requirements of an inmate. In your case, mentioning a haircut, doctor's appointment, etc.,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for California on
Q: As a California citizen, can I give my employer my background check record if I so choose, as in giving them authority?
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answered on Nov 28, 2023

In California, you have the right to share your background check record with your employer if you choose to do so. It's your personal information, and you can decide to provide it voluntarily.

However, it's important to be aware that employers in California are subject to...
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1 Answer | Asked in Criminal Law for California on
Q: How long can police keep someone in custody after bail has been paid?
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answered on Nov 28, 2023

Under California law, once bail has been paid, the accused individual typically should be released from custody. The payment of bail is a legal process that secures the release of the person, under the condition they will appear in court for their scheduled hearing. Holding someone in custody after... View More

1 Answer | Asked in Criminal Law for California on
Q: Can police keep someone in custody after bail has been paid?

Police are keeping him in custody overnight because some officers want to speak to him who are not on duty until morning.

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answered on Nov 28, 2023

Under California law, once bail has been paid, the accused individual typically should be released from custody. The payment of bail is a legal process that secures the release of the person, under the condition they will appear in court for their scheduled hearing. Holding someone in custody after... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Does Google follow up with law enforcement after an emergency disclosure request?

In general law enforcement are not legally required to notify the Google or the subscriber after an emergency disclosure request. Google in its website says that it will notify the affected user if it learns that the emergency has passed. Does it mean that Google follows up with law enforcement or... View More

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answered on Nov 28, 2023

When Google receives an emergency disclosure request from law enforcement, they are not typically obligated to follow up with the agency to learn about the outcome of the emergency. This is because emergency disclosure requests are exceptional circumstances where immediate access to information is... View More

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