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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: What is the maximum good time award available to a criminal defendant sentenced to prison for three (3) years? (DV case)

The defendant violated the stay away order, and assaulted the protectee.

Dale S. Gribow
Dale S. Gribow answered on May 7, 2021

this is a question that should be asked of the lawyer for the defendant....be it private or the public defender.

that lawyer will know the severity of the incident/charges etc and his/her past record.

2 Answers | Asked in Criminal Law for California on
Q: Hypothetically, if I am Lennie from the book Of Mice and Men, could I plead temporary insanity and be found not guilty?

Lennie kills a woman but implies that he didn’t know what he was doing at the time. It says in the book that he saw his dead aunt and that rabbits were talking to him at the time of the crime. What proof would we need to plead insanity?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on May 6, 2021

Yes. 'Lennie' could be considered legally incapable of committing a crime because of mental incapacity if at the time the crime was committed he had a mental disease or defect AND because of that disease or defect was incapable of knowing or understanding that his act was morally or... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is pc 4502(a) "possession of a weapon while in prison " considered a non-violent or non-serious felony?
Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

(a) Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the custody of officials, officers, or employees of any penal institution, possesses or carries upon his or her person or has under his or her custody or... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Criminal Law for California on
Q: While looking through criminal records from the early 1900's I noticed people were charged with sporting. What is it?

If someone was charged with sporting what does that mean they did?

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

Gangsters flaunting laws during Prohibition made sure booze, violence, and bookmaking would go hand-in-hand in the public conscience.

Baseball’s Black Sox scandal, where members of the White Sox moved to fix the 1919 World Series, didn’t do the industry any favors either. It became a...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

Louis George Fazzi
Louis George Fazzi answered on Apr 30, 2021

If your case is on appeal to the California court of appeal, you cannot appeal to the 9th Circuit court of appeals. Appeals to the 9th Circuit must come from cases decided in the United States District Court. You should be discussing these issues with your own lawyer, that is, whoever is handling... Read more »

1 Answer | Asked in Criminal Law and Family Law for California on
Q: The father of our only son died under orange county sheriff's. I need a lawyer to get police and autospy report
Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MAKE AN APPOINTMENT WITH A LAWYER CLOSEST TO WHERE THE CASE IS PENDING TO SEE WHAT S/HE WOULD CHARGE.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I have a family law lawyer who isn't doing his job I'm looking for a new one. How do I go bout that

My case is all over the place. The son I thought was mine isn't but I've been trying to get full custody of him because his mom is in prison ive had him since a baby she's never really been in his life and his biological father signed his rights over while incarcerated now his out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MORE INFO NEEDED.

THE FIRST QUESTION IS WHETHER YOU CAN AFFORD A FAMILY LAW ATTORNEY.

IF SO GOOGLE FAMILY LAW ATTORNEY IN YOUR AREA AND MAKE AN APPOINTMENT.

THE LAWYER MAY BE DOING THINGS RIGHTS BUT YOU DON'T UNDERSTAND.

1 Answer | Asked in Criminal Law and Divorce for California on
Q: Hey there! I live in northern California and I was wondering if I could carry or conceal a stinger tactical whip
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 29, 2021

If you had a stinger whip in your vehicle as a car emergency tool (with seat belt cutter and a window breaker) odds are it would not be considered a weapon. If, however, you have it concealed on your person and tell a cop it's for protection- it could result in charges for possession of a... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Is a short cellphone video of me holding what appears to be a shotgun enough to convict me in a criminal court?

I'm being charged with 4 felonies 3 of them are strikes. I met this girl @ the casino she was flirting brought her home she later had her boyfriend come over when I was telling them it was time to gothe boyfriend handed me replica shotgun while she took a video of me holding it. Called the... Read more »

John Karas
John Karas answered on Apr 28, 2021

Being in possession or control a firearm is sufficient to support a charge of PC 29800 (felon w/firearm).

Given what you described, you got duped by a couple of con artists. The video may provide evidence that the shotgun was, in fact a replica, in which case you aren't guilty of the...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My restitution I owed was put on hold during a bankruptcy I did and never started back up again. Should I do anything

The restitution was not included in BK. The state of California garnished my wages to collect but they had to stop collection when I filed for BK. It has been around two years since BK was discharged and the state has not resumed trying to get payment. Should I just wait for them to contact me or... Read more »

John Karas
John Karas answered on Apr 27, 2021

Ask the attorneys who represented you re: the embezzlement charge and who assisted you with your BK. The restitution order may not be dischargable in BK and if it wasn't listed in the BK petition, you still owe the restitution amount.

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Who determines what are permissible affirmative defenses in the US? Do the courts decide or does the legislature do so?

More specifically, would it be unconstitutional for a law to be passed by a state government that creates a new affirmative defense for certain actions taken by a defendant that is subject to a civil lawsuit?

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

LAWS ARE MADE BY COURT DECISIONS AND BY LEGISLATION.

IF A COURT BUYS YOUR LEGAL ARGUMENT AND IT IS NOT APPEALED OR REVERSED, THEN IT WOULD BE A PRECEDENT TO ARGUE IN THE FUTURE.

1 Answer | Asked in Criminal Law for California on
Q: What class misdemeanor would I have for violating kcc safety rules and regulations
Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

IN CALIFORNIA, WE DON'T REALLY DO CLASSES OF MISDEMEANOR LIKE SOME OTHER STATES........

IT'S A PENAL CODE VIOLATION OR HEALTH AND SAFETY CODE VIOLATION AND USUALLY CARRIES 6 MO'S TO A YEAR IN JAIL (NOT PRISON)

1 Answer | Asked in Criminal Law for California on
Q: what is the penalty for driving on a revoked license AUTH: 13352A5 * SERVICE B / 09-25-09 never took 18mo. class

i had a dui 12 years ago and never took the 18mo. class got caught driveing recently now they want to charge me with driveing on suspended license for a dui the dmv says because no class my probation is over im not court ordered to take class dmv requires and they require class ???

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

more info needed.

make an appointment with a local criminal attorney asap.

IF, the court did not order it, then you are not dealing with a bench warrant........BUT

you are dealing with a misdemeanor criminal charge.

you should talk to a lawyer who will probably...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?

Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 24, 2021

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Criminal Law for California on
Q: Can I sue the Sheriff's Department for them giving tickets in my name that ended up become a warrant. And I can prove it

Someone used my name a got tickets and one became a warrent. I proved it was not me by giving my drivers license and they took a picture of me. I was not even in the state at the time

Dale S. Gribow
Dale S. Gribow answered on Apr 21, 2021

MORE INFO NEEDED.

ANYONE CAN SUE FOR ANYTHING AT ANY TIME......BUT WILL YOU WIN............AND CAN YOU AFFORD A LAWYER?

THE CHANCES ARE A LAWYER WILL NOT TAKE THE CASE ON A CONTINGENCY.

IF YOU HAVE A STRONG CASE CONSIDER SMALL CLAIMS COURT.

REMEMBER SUING A...
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1 Answer | Asked in Criminal Law for California on
Q: Will he be doing mandatory jail time for these things no matter what?

For five felonies first offenses he didn’t do?

Dale S. Gribow
Dale S. Gribow answered on Apr 21, 2021

MUCH MORE INFO NEEDED.

WHAT ARE THE CRIMES? DOES HE HAVE A DEFENSE? CAN THE DA PROVE THAT WHICH THEY ALLEGE?

I REMEMBER 50 YEARS AGO AS A YOUNG PUBLIC DEFENDER HAVING THE JUDGE SAY..."MR GRIBOW, LOOK AT ALL THE CHARGES, CERTAINLY, HE MUST BE GUILTY OF ONE?"

SOMEONE...
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