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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: ppl vs Mccart (1982) If someone catches a new case while serving time would they qualify for 3rd time on the new chagre

My boyfriend caught a charge for marijuana while serving time in prison. He has finished doing the time on his controlling case is now doing the time for the marijuana. Dose he qualify to do a 3rd of the time on this charge under 1170b people vs McCart

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2020

more info needed.

the person you should ask is the lawyer who represented him on his underlying case.

the authorities will make a determination and advise him and or his lawyer.

1 Answer | Asked in Criminal Law for California on
Q: Can an out of court witness statement be used at trial if the defendant has not had the opportunity to cross-examine?

domestic abuse

medical statement was not at preliminary hearing to be cross-examined. can it be introduced later?

witness not will to testify/show up

Dale S. Gribow
Dale S. Gribow answered on Jan 25, 2020

more info needed.

are you the Plaintiff or Defendant?

as a rule, the statement has to be validated..........thus the other party must have an opportunity to cross examine.......and confirm it was really by the person alleged to have made it.

1 Answer | Asked in Criminal Law for California on
Q: My friends and i were stopped by police. I was nervous upon being questioned. They asked my name and i gave my nickname

I go by jay. My real name is Justin. I gave them my proper last name and birthday. I realized by mistake and informed them PRIOR to them searching for me. They had not found i gave false info, i simply realized my mistake and was honest with them before i was searched. They gave me and obstruction... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

more info needed.

it is certainly not serious.

ask for a public defender IF THE DA FILES and tell him all this.......i bet it gets tosses based on what you have said.

1 Answer | Asked in Criminal Law, Internet Law and Probate for California on
Q: california, can p.o.'s monitor internet browsing aside from social media that was handed over

this is not me but a friend because he thinks he can get into more trouble asking stuff and like watching even youtube videos. basically they have access to his instagram account and stuff. he was considered a gang member with fire arm possesion but hes not 18 yet. yeah hes dumb too lol but i think... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

more info needed.

Suggest to him, that he asks the lawyer who represented him on the underlying case. That lawyer will know all the terms and conditions of the sentence.

1 Answer | Asked in Criminal Law for California on
Q: I’ve been charged w felony grand larceny, accused of taking certain antiques that valued almost hundred thousand .

My fathers friend came up w a list - she gave this list to police . My sister got involved and it’s a witch hunt. My father recently passed so family went to clean house and these pieces were found ! My warrant had been since 2018 which was also the last time I saw my father . Can I sue this... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2020

much more info needed.

are you suggesting your father took it all?

you need to request a public defender at the first appearance.

don't discuss facts on an open forum like this..........anyone can read it.

1 Answer | Asked in Criminal Law for California on
Q: How do I successfully find a pro bono lawyer for criminal law?

A man is being held at Twin Towers, the case started in Long Beach, CA on May, 2019 from robbery/murder charge.

Dale S. Gribow
Dale S. Gribow answered on Jan 23, 2020

more info needed.

however, a defendant has a right to a lawyer and one will be appointed at the arraignment if s/he requests one.

1 Answer | Asked in Criminal Law for California on
Q: Recommendations on lessening prison time on an inmate who has been sentenced.

I have a friend who was sentenced for armed robbery, and was also given the maximum of 10 years for a gun enhancement. We do not have enough money to hire a private attorney. Can someone please provide any suggestions on where to go to have a pro bono attorney review his case and see what our... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

THE COURTS WILL APPOINT A PUBLIC DEFENDER TO DEFEND HIM AND I ASSUME THAT TOOK PLACE.

THAT LAWYER HAS ALL THE INFO RATHER THAN BITS AND PIECES YOU ARE SHARING............

IE: PRIOR RECORD? PULL GUN OUT?

IF YOU CAN NOT USE PD OR COURT APPOINTED...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: can a person still be charged for a crime, when there's video proof of it, even if it's past the statute of limitations

can a man still be charged for a crime, if there's irrefutable video proof found of him commiting it, even if the statute of limitation has reached it's deadline.

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

AS I COMMENTED, THE DA'S OFFICE CAN BE VERY CREATIVE IN FILING TO TRY TO AVOID CERTAIN DEFENSES..................BUT THE ST/L SHOULD BAR A PROSECUTION OR BE THE SUBJECT OF A 1538.5 MOTION TO DISMISS

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1 Answer | Asked in Criminal Law for California on
Q: What if a man put his crime on a video site when he did it, but the statute of limitation has run out

I know who they are, The video site is active and the person's video is still up on the site for everyone there to see it, how does the law deal with this, it's not an illegal website, if someone's found video evidence of the crime,after the statute of limitation has reached it's limit, could the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 22, 2020

MORE INFO NEEDED.

DA'S CAN BE VERY CLEVER IN HOW AND WHAT THEY FILE TO TRY TO GET AROUND IT.

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: I fell victim to car edit card scam what do I do?

A person told me they’d transfer their bitcoin earnings to my account so I gave my information now I’m unable to use the account due to fraud. I am afraid I’ll get arrested even thought I didn’t know.

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

GENERALLY, I WOULD SAY TO FIND A GOOD LAWYER IN YOUR AREA AND WITH HIM/HER CONSIDER GOING TO POLICE.

1 Answer | Asked in Criminal Law for California on
Q: Maltreatment by deputies of mentally ill and physically sick prisoner on suicide watch. What can I do?

I was arrested and placed on suicide watch and was made to remain on watch for nearly 4 days even though I had answered I was no longer suicidal. Officers denied basics like water and toilet paper, and I was told to drink out of a toilet bowl. I became severely ill with a UTI from the lack of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

more info needed.

you are asking this question on a criminal law forum.

it appears you will need a lawyer who sues for injuries......ie a PI lawyer and one who has experience suing governmental entities.

i have heard this same story from many people who have spent time in...
Read more »

1 Answer | Asked in Criminal Law for California on
Q: I am homeless and staying on private property. The police came in and destroyed my camp 2 days in a row. Can I be compen

Dated for my belongings they destroyed

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

much more info needed.

were you on private property for 2 days with the permission of the owner?

if not you were trespassing and could be prosecuted for that.

you were warned i assume and did not follow the directions of law enforcement.

Soooo who is at fault?

1 Answer | Asked in Criminal Law for California on
Q: My love accept a plea for doing 3 years in county jail.....2 weeks later he gets transfer to prison...can they do that?

I was wondering if they can do that to him? If so then what is the whole point of agreeing to the plea he sign?

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

THERE HAS TO BE MORE TO IT THAN THAT.

THE PERSON TO ASK IS THE LAWYER WHO REPRESENTED HIM

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: What can my boyfriend do for his drug paraphernalia case tomorrow which was found during illegal search and seizure?

He was legally parked next to the curb w/other cars in a neighborhood and had just walked to the car to go look for paper he had in the glovebox when cops pulled up along side of the vehicle and demanded that he exit the vehicle immediately where they detained him and then searched the vehicle... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 20, 2020

more info needed.

if there is an illegal search and seizure explain the facts to your lawyer who can file a 1538.5 motion to suppress evidence and dismiss the matter.

remember they are charging him with possession AND NOT OWNERSHIP

1 Answer | Asked in Banking, Contracts, Identity Theft and Criminal Law for California on
Q: I gave someone my bank account information and now they are taking all my money. I want to know if I can still report
Dale S. Gribow
Dale S. Gribow answered on Jan 19, 2020

more info needed.

how long ago was this? did you report it? to whom? put a freeze on your account and contact police,

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: ·pc4502 "Prisoner Poss. Weapon" (Dagger) Can officers charge 1 if 2 housed in cell?

Days b4 "John's" controlling charge was dismissed due 2 PD violating his 4th Amendment Right "Illegal Search & Seizure"... C.O.'s searched ONLY ONE cell occupied by 2 inmates "John & Doe", But Only "John" was charged (pc4502)... Report says weapon referred 2 as a "Dagger" (but really a County... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 18, 2020

MORE INFO NEEDED.............THE ANSWER WILL BE FACT DEPENDANT...A LAWYER WOULD HAVE TO REVIEW THE REPORT.

THEY USUALLY CHARGE WITH POSSESSION NOT OWNERSHIP.

WERE BOTH INMATES IN THE CELL CHARGED?

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on
Q: My bosses brother has threatened to kill me over a year ago. And has continued to intimidate me. what do I do?

He used other supervisors that are friends with him to intimidate me. They keep telling me he "has it out for me", and I'm quoting. Yesterday while I was working on a solo project, and a friend of the boss who is threatening, came in and began telling me I wasn't wanted at a job site. Because my... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 17, 2020

In short, leave. No one should have to work in such an environment. However, the law does not make it unlawful to bully others in the workplace. Unless you can prove you were being treated this way because you are a member of a protected class of people or because you engaged in some form of... Read more »

1 Answer | Asked in Criminal Law for California on
Q: My love agreed to a plea which it was doing 3 years in county. 2 weeks later he got transfer prison?

We are really confused of why it was change ? Can they do that?

Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

more info needed.

this is a question you should pose to the lawyer who represented him.

1 Answer | Asked in Criminal Law for California on
Q: If you hire a criminal attorney shouldn’t they get you a better deal then what was offered to u at time of arraignment?

My husband is being given the same amount of time a year and a half later of when he was arrested and his lawyer is telling him to take it. Shouldn’t the attorney have made some kind of difference in the case ?

Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

more info needed.

but a private lawyer does not guarantee you a better "deal", tho that is often the case.

the results are controlled by the facts.......some are worse than others....prior record? who is the DA? who is the judge? has the defendant or his/her lawyer pissed off the...
Read more »

2 Answers | Asked in Criminal Law and Employment Law for California on
Q: Can I sue my company if I never received bonus/raise & vp stole money from company?

The Vice President controlled all aspects of accounting so no one else was able to check what she was doing. We never received raises or bonuses while she was here. We later found out she stole alot of money from the company. Can I sue the company I still work for?

Neil Pedersen
Neil Pedersen answered on Jan 16, 2020

If you can prove you earned money that was not paid to you, then you could bring an action to collect those contractually owed amounts. However, you cannot sue a company for not giving you raises or bonuses that were not contractually due to you. Nor can you sue the VP who stole money from the... Read more »

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