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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How can I try to get someone facing felony DV charges into substance abuse treatment instead of jail time as the victim?

We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More

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answered on Mar 15, 2024

In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

1 Answer | Asked in Criminal Law for California on
Q: can you get my son out of prison early after 24 years

he has been in prison going on 24 years as a teen offinder he has done over half now they over sentenced him at first his legal aid was disbarred he has a mental disorder they wont let him out i think because of that. he shot a taxi driver when he was high on alchol and drugs he did not kill the... View More

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answered on Mar 14, 2024

Under California law, there are several avenues you might explore to seek an earlier release for your son, given his circumstances and the length of time he has already served. If his legal representation was disbarred, it might indicate issues with his defense, which could be grounds for seeking a... View More

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Criminal Law for California on
Q: Can someone explain what it means by do not use on an old case of mine?

These are from 2010

Count 1 [Type/F] **DO NOT USE, USE HS 11379(A)>2021** / DISM - FURTH. OF JUSTICE

Count 2 [Type/M] (DO NOT USE - INVALID 11/5/14) POSSESS CONTROLLED SUBSTANCE / PLED GUILTY - 859A PC

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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a criminal case from 2010 with two counts:

Count 1: This count was initially charged under a certain code section (which is not clearly specified in the details you provided). However, the note "DO NOT USE, USE HS...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I got this Charge THEFT/UNAUTHD CONTROL/>50-I got Withhold Judgment/2nd ChangeCan I get my insurance license. With

I satisfied all of the conditions and I’m trying to get my insurance lic in California. Will this keep me from it

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answered on Mar 13, 2024

In California, having a criminal record does not automatically disqualify you from obtaining an insurance license. However, the California Department of Insurance (CDI) will review your application and consider the nature, severity, and circumstances of your offense, as well as evidence of... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: eviction my 53 year old son

who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More

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answered on Mar 13, 2024

In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:

1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a...
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2 Answers | Asked in Criminal Law for California on
Q: What is low risk probation?

My po told me he's moving me to low risk and I will no longer have to go in to probation. He said I'll be able to call in or report in online. Will I need to talk to someone on the phone and report what I've been doing, and is this still considered supervised and formal probation?

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answered on Mar 11, 2024

In California, low-risk probation, also known as "summary probation" or "informal probation," is a type of probation typically reserved for individuals convicted of less serious offenses or those deemed to have a low risk of reoffending. Here are some key points about low-risk... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first

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answered on Mar 11, 2024

Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first

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answered on Mar 11, 2024

In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act... View More

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: Can they deny you pain medication in jail that is prescribed to you for cancer when awaiting trial...or is that cruel
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answered on Mar 11, 2024

Under California law, failing to provide necessary medical care, including prescribed medications, to individuals in custody could be considered cruel and unusual punishment, which is prohibited by the Eighth Amendment of the U.S. Constitution and Article 1, Section 17 of the California... View More

2 Answers | Asked in Criminal Law for California on
Q: If I'm trying to use my mental health diagosis to get off probation early, what circumstances would indicate hardship?

I am always nervous and it's seriously affecting my confidence and ability to go out and function. Is that considered hardship? and how would I prove the hardship?

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answered on Mar 10, 2024

To use your mental health diagnosis as a reason for early termination of probation, you would need to demonstrate that the terms of your probation are causing or exacerbating a significant hardship related to your mental health condition. Some circumstances that may indicate hardship include:... View More

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1 Answer | Asked in Criminal Law for California on
Q: an arrest happened due to trespassing at a store, person never was informed prior by any store personnel not to return

He had never been charged with any petty theft at any store prior. Yet he was arrested after the theft prevention contracted local PD stating a known shoplifter has entered the store. He was approached and told to leave as he was shopping as he asked why he had to leave the officer then said... View More

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answered on Mar 10, 2024

Based on the information provided, there are a few potential legal issues to consider under California law:

1. Trespassing: In California, trespassing is defined as willfully entering or remaining on someone else's property without permission (Penal Code 602). However, in this case,...
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1 Answer | Asked in Criminal Law for California on
Q: My spouse is in custody and on trial for possession with intent to sell and has just been diagnosed with lung cancer.

What can I do to get him out of jail so he can receive proper treatment

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answered on Mar 8, 2024

First and foremost, it's essential to reach out to your spouse's lawyer to discuss the situation. They can advise on the best course of action, which may include requesting a bail hearing or appealing for a compassionate release due to the serious health diagnosis. The lawyer can present... View More

2 Answers | Asked in Criminal Law for California on
Q: If you have failure to appear in court will they suspended your DL
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answered on Mar 8, 2024

Yes, in California, if you fail to appear in court for a traffic violation, the court may notify the Department of Motor Vehicles (DMV) to suspend your driver's license. This is known as a "civil assessment" or "failure to appear" (FTA) suspension.

When you receive...
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2 Answers | Asked in Criminal Law for California on
Q: If you have failure to appear in court will they suspended your DL
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answered on Mar 8, 2024

Whether or not your failure to appear in court will result in a license suspension depends on what type of case you failed to appear for. For example, if this was a traffic related matter, then yes, the court will notify the DMV of your failure to appear and it will likely result in a license... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: Pro bono for assistancevictim 15yr 11 mo. kissed 41 yr man. He said, "Hell NO!" She framed him forced plea deal 288C?

How can this be reopened for cheap? Public defender failed to assist. DA was disbarred within the year. Judge was also in criminal activity from newspaper articles. Jane Doe accused another man 3 yrs prior. Wittnesses weren't allowed to testify or man's lover. Everything to show he... View More

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answered on Mar 7, 2024

I'm so sorry to hear about this situation. It sounds like a very difficult and painful experience, and like there may have been serious problems with how the case was handled. Here are a few thoughts and suggestions for seeking assistance:

First, I would strongly recommend connecting...
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1 Answer | Asked in Criminal Law for California on
Q: What is the waiting period to reduce a misdemeanor disturbing the peace (451), no probation, $220 fine to an infraction?

Do I have to wait for 1 year after conviction or after the arrest date.

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answered on Mar 6, 2024

In California, the waiting period to reduce a misdemeanor disturbing the peace (Penal Code 415) conviction to an infraction is one year from the date of conviction, not the arrest date.

According to California Penal Code 17(d)(2), a person who has been convicted of a misdemeanor and has met...
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1 Answer | Asked in Criminal Law for California on
Q: Using a single example, please define the difference between "legal" and "lawful"

A cop pulls you over and issues an order that the law says cops are allowed to issue "Show me your ID" - Lawful or legal?

Cop pulls you over and tells you to climb on the hood and dance the Tarantella. Illegal or unlawful?

The judge decides that the cop didn't have... View More

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answered on Mar 6, 2024

In California, the terms "legal" and "lawful" are often used interchangeably, but there is a subtle difference between the two. Let's use the example of a police officer pulling someone over to illustrate the distinction:

1. If a police officer pulls you over and...
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