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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: What if I know someone who was 17 years old and never had a fitness hearing at all. They just charged him as an adult

Alleged crime happend when he was 17 and they waited until he was 18 and just threw him into adult court with no mention of him being a minor at the time of incident.

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed

s/he must discuss this with their attorney/PD asap

they will have all the info to discuss intelligently.....

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1 Answer | Asked in Criminal Law for California on
Q: Is it illegal for an 18 year old on probation to take pictures hold his 23 year old brother gun with him?

My boyfriend's brother just turned 18 in September and he was on probation as a minor and it carried over after he turned 18. My boyfriend has two firearms that he keeps in a safe with the ammo that his brother doesn't know that code to. He and his brother took some pictures of them both... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 2, 2021

If the brother could not possess weapons because of a juvenile conviction, there are several issues.

1) If brother truly could not access the safe, then your BF should get the safe back.

2) the picture may be enough for a probation violation on the brother.

3) And also...
Read more »

2 Answers | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

did you pay anything? was this an old girlfriend?

you can claim anything and sue for anything.........the outcome is dependent on the facts.

set up an appointment with a local lawyer asap.

she was supposed to give you notice to leave per Unlawful Detainer procedures.

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2 Answers | Asked in Criminal Law for California on
Q: My dad passed and the people he appointed for executor did not disclose all of the bank accounts and money that was in

In them how do I bring up criminal charges against them and how long do I have to do so

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

write out a detailed summary of all the facts and make an appointment with a local attorney who can assist you in getting any money taken illegally from you........and if appropriate coordinate prosecution of the guilty party.

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: If you got arrested for alien smuggling, but served no jail time and haven't received a court date, is it a felony ?

The border patrol in Arizona mentioned there was a charge but no information has been received regarding court dates or anything. Is it a misdemeanor, felony or something worse ? No prison or jail time was served, but is it something that has to be scrubbed clean or otherwise ?

David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

It is typically a federal charge and also a felony. Your record and various other factors can dramatically increase and decrease the seriousness. The fact that you are not currently in custody is good.

Good luck!

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1 Answer | Asked in Criminal Law for California on
Q: I am the defendant in a criminal drug case. I was given a private defender who has never been to trial before. My case

Is complicated. The sheriff lied on the police report and planted drugs and there seemed to be no body cam or dash cam evidence. I won pitchess motion but my attorney is doing nothing to help me. Is this legal to give me an unexperienced attorney ? I'm not getting a fair trial!

Dale S. Gribow
Dale S. Gribow answered on Feb 28, 2021

i would contact the supervising PD and ask for a more experienced PD lawyer.

2 Answers | Asked in Criminal Law for California on
Q: The judge order me and my two co-defendants to pay 5,000 dollars for the victim fee joint severely liable. I have to pay
David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

$5000. You each owe $5,000. Whatever you pay reduces your $5k. Whatever they pay reduces your $5k. If you pay $4k and they pay $1k, that is OK. The law wants the victim paid.

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1 Answer | Asked in Criminal Law for California on
Q: Civil Harassment Restraining/False Allegation issue with intend to charge, how to protect myself and family

The woman we used to know sends harassing and falsely accused messages to my wife number from different phone because we have blocked all her numbers and online contacts. She accused me ( the husband ) of luring her husband and the child to come visit our house ( in reality we asked him to come... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 28, 2021

You can request a civil harassment restraining order to help to stop the calls. However, you cannot prohibit her from reporting you to the police.

1 Answer | Asked in Criminal Law for California on
Q: PC 459 Arrest Warrant Tracked to MCP What does it mean
Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

it refers to a bench warrant for a Burglary

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Do I need a person's i.d. to report that they stole my vehicle when I gave they're first last name and d.o.b. and addres

Well my vehicle that I had just purchased and at the time due to the coronavirus wasnt able to register it in my name yet but had bill of sale and paperwork was stolen and traded but at the time people who stole it said they had it towed away so I made a police report and when the investigator... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if/when you report a theft it is not up to you to determine the dob or cdl of the victim.

that is what the police are supposed to do........

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

1 Answer | Asked in Criminal Law for California on
Q: I have an expunged wobbler felony penal code 12020A possession of an illegal firearm. Can I get it reduced after expunge

I have an expunged wobbler felony penal code 12020A possession of an illegal firearm (L.A,California) . I didnt get it reduced to a misdemeanor, Can I reduce an already expunged felony to a misdemeanor?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

normally a felony is reduced under 17B to a misdemeanor and the misd under 1203 is expunged.

1 Answer | Asked in Criminal Law for California on
Q: If my arrest was sealed under PC 851.91 in California does the police agency have to seal the fingerprints from CA DOJ?

My arrest was sealed under PC 851.91 but the sheriff is still reporting to CA DOJ but the superior court is not. Are they supposed to?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

i would think your fingerprints would remain in the system..............don't we also give fingerprints for a driver's license? if see they would be available from that too.

1 Answer | Asked in Criminal Law for California on
Q: In regards to PC 11105 if I apply to healthcare facility in CA can they see everything on my CA DOJ report ?

or does pc 11105 limit what they can see?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

if a criminal index report on your record is received it will have everything on it...........whether they can get that is another question.

1 Answer | Asked in Criminal Law and Products Liability for California on
Q: Hello, my mom is filing false charges against me for an item I have not stolen. What can I do if and when she do so?

My mom had given me permission to enter her storage unit to tale out furniture. But is now accusing me of steal a bix of photos. And is now saying I also stoled from her house as well and if i don't come to her house by the end of this week, with said items. She will press charges against me.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

what is your age? do you live with mom?

does she have mental issues?

maybe send a detailed explanation to her that you could present to a court if it comes to that. Explain she gave you permission and that the location of what she is looking for is in the...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: I signed up to sell cosmetic items through independent sales and left brochures at peoples mailbox

I did not know this was not allowed

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

it will probably not be an issue.

however, it might not be a bad idea of writing to the company complaining of this and asking why they did not warn you of this issue.............

if there is a legal issue you could show this to the court to prove your lack of knowledge....
Read more »

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3 Answers | Asked in Consumer Law, Criminal Law, Divorce and Civil Rights for California on
Q: In california while using a self check out, can a walmart employee search through my bag and count my items

I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »

William John Light
William John Light answered on Feb 27, 2021

It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Where can I get paperwork on someone. My friend passed away and I’d like to get his accusers statements

I have my friends name and birthdate

David Michael Lehr
David Michael Lehr answered on Feb 26, 2021

Police reports about "crime" are protected by many laws. Typically, you need to be the victim or the accused. They may also be subpoenaed for civil cases.

Need more information for a better answer.

Good luck!

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3 Answers | Asked in Criminal Law for California on
Q: The cops came to my house with a warrant for dna sample they wouldn't tell me what it's related to
Dale S. Gribow
Dale S. Gribow answered on Feb 26, 2021

didn't they give you a copy of the warrant or show to you?

it would/should spell out the reason

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Was arrested and bailed out and the district attorney never picked up the case. Do I still owe the bailbonds?

Or is the bailbonds dropped

John Karas
John Karas answered on Feb 25, 2021

You still owe the bail bondsman for posting bail on your behalf because uou entered into a biding contract with him (or he) independent of the charges being "dropped" (never filed or dismissed).

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