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answered on Apr 23, 2024
In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More 
Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More
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answered on Apr 23, 2024
I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:
1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender... View More
Is there any case law and would the intent of the law include LPR?
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answered on Apr 23, 2024
California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.
However, federal law does... View More
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answered on Apr 21, 2024
No, in California, a police officer cannot discipline a bicycle rider for not having an ID if the rider has already shown a valid driver's license. Here's why:
1. Bicycles are not motor vehicles under California law, so bicycle riders are not required to carry a driver's... View More
Hospice fraud case. How to find out what doctors in reality are associated with hospice license?
What organization issues a hospice license?
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answered on Apr 20, 2024
To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More
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answered on Apr 19, 2024
In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:
"(a) The documents and records of the court relating to the warrant need not be open... View More
The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More
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answered on Apr 18, 2024
I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.
It sounds like you need to get in touch... View More
For hospice fraud by Hospice as General stock corporation (means CEO).
Hospice as corporation bears vicarious liability for independent contractors, as applicable.
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answered on Apr 18, 2024
In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:
1. Vicarious liability: This... View More
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answered on Apr 18, 2024
In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.
Here are the... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.
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answered on Apr 17, 2024
I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without... View More
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answered on Apr 17, 2024
In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:
1. Contact the court clerk: Call the... View More
during pretrial hearing counsel did not consider effect pleading no contest has on other 2 cases currently in pretrial diversion.
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answered on Apr 17, 2024
In California, there is no explicit legal requirement for defense counsel to discuss cases currently in pretrial diversion when negotiating a plea deal. However, under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to effective assistance of counsel. This means... View More
Contact order and court date 5 weeks away any solution
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answered on Apr 17, 2024
I understand you are in a difficult situation. Here are a few thoughts...
1. If your girlfriend wants the charges dropped, she can inform the prosecutor of this. However, once charges are filed, it is up to the prosecutor whether to proceed or drop the case. The alleged victim's wishes... View More
A scramonitor even though alcohol has nothing to do with crime nnor have I ever had any alcohol related crimes want ankle free
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answered on Apr 17, 2024
I understand you are concerned about the conditions of your release after being arrested for vehicle theft in California. Here are a few key points about your situation:
1. Under California law (Penal Code 487(d)(1) PC), vehicle theft is a "wobbler" offense, meaning it can be... View More
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answered on Apr 17, 2024
Based on the information you provided, it seems that you are concerned about the legality of being required to wear a SCRAM (Secure Continuous Remote Alcohol Monitor) device under California law, even though your crime did not involve alcohol and you have no prior alcohol-related offenses.... View More
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answered on Apr 17, 2024
Sometimes, the Judges don't understand and order things we don't feel are required of our clients.
I would normally just tell my client, especially if they don't drink or do drugs, to leave it on because it will generate a good report to the judge when they go back. I also... View More
I got kicked out of homeless housing for unfair reason she remained. I borrowed car to recycle but she was cohersed into reporting car stolen in threat of her being kicked out. Help please we just want to be together but she gave car to me and she is now kicked out
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answered on Apr 16, 2024
I understand you are in a difficult situation and seeking help. However, I want to provide accurate information, so let me clarify a few key points about no contact orders under California law:
- A no contact order (also called a restraining order or protective order) is issued by a court... View More
my brother was a victim of a murder and the defendant is claiming self-defense. My bro had no weapon however he was larger than the defendant but defendant had 2 friends in the room with him. he had stabbed my brother in the heart resulting in my brother losing his life. My bro said the defendant... View More
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answered on Apr 16, 2024
I'm so sorry for your loss. This is a tragic and heartbreaking situation.
Under California law, the key factor in determining whether a homicide was justifiable self-defense is whether the defendant reasonably believed they were in imminent danger of being killed or suffering great... View More
I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.
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answered on Apr 16, 2024
In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.
According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you... View More
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