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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: What are the legal repercussions of a self-defense fight in Los Angeles, CA?

I was involved in a fight with a man in Los Angeles, California, who was sent to the hospital via ambulance. There have been no police visits or calls about the incident. The fight was in self-defense, and there were no witnesses. I would like to know what the potential legal repercussions could be.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 16, 2025

You have a right to use "reasonable" force to defend yourself. Even deadly force may be reasonable (and therefore legally defensible) if deadly force was "reasonable". However, once your force becomes "unreasonable" then you become the aggressor, which WILL subject you... View More

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2 Answers | Asked in Child Custody, Divorce, Criminal Law and Family Law for California on
Q: Can I move back to Ohio with my daughter during divorce?

I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2025

Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.

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2 Answers | Asked in Contracts, Civil Litigation and Criminal Law for California on
Q: How to protect myself if someone falsely claims I stole millions given as a gift?

I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming... View More

Bart Kaspero
Bart Kaspero
answered on Feb 20, 2025

The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for California on
Q: Is it legal to charge DUI for meth after zero alcohol found?

My friend was pulled over for suspicion of DUI because he straddled the double yellow line a couple of times. The officers claimed they smelled alcohol but breathalyzer tests showed a 0% alcohol level. Despite this, he was arrested, and a blood test revealed a small amount of meth in his system. He... View More

Dan Moseley
Dan Moseley
answered on Feb 20, 2025

If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the... View More

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3 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for California on
Q: How to avoid arrest from false accusations by spouse?

I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?

Bart Kaspero
Bart Kaspero
answered on Feb 15, 2025

This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was... View More

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2 Answers | Asked in Criminal Law for California on
Q: Was arrested and spoke to detectives only. No Public Defender no Judge and was released two days later with no info. Why

I had no bail, no court day. Accused me of an assault and raided my home. destroyed and traumatized my family. Held me with no contact to an attorney after i asked for one during interrogation. Please legal advise on what to do next? They have my phone and no idea when or if i have a court date or... View More

Mario Tafur
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Mario Tafur
answered on Feb 13, 2025

Based on the information provided, it seems that your rights were violated when you were arrested and detained. According to California law, once you ask for a lawyer, any questioning must stop until a lawyer is present. If statements are made without a lawyer present after asking for one, they are... View More

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2 Answers | Asked in Criminal Law for California on
Q: Good morning, does anyone in this practice help with defense cases such as manslaughter. Or first degree murder.

My best friend is being extradited from Texas to Bakersfield California for 1st degree murder charges.

Mario Tafur
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Mario Tafur
answered on Feb 13, 2025

Your friend, who is being extradited from Texas to Bakersfield, California, for first-degree murder charges, will face severe legal ramifications in accordance with California law. As stated in § 190. Punishment for murder, a person convicted of first-degree murder may receive the death penalty,... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: If my rights were violated is this a civil matter or does it have the potential to effect the outcome of criminal

Charges pending. I was illegally stopped. Threatened with taking my children when chose to stay silent. Refused miltiple request for a lawyer. Vehicle illegally searched and impounded,

Louis George Fazzi
Louis George Fazzi
answered on Feb 11, 2025

If you have been cited into court, then when you go in for your court date, ask for an attorney to be appointed for you if you cannot afford to retain the services of a lawyer on your own. That is the attorney who will become your lawyer. Prepare a chronological summary of everything that happened... View More

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3 Answers | Asked in Criminal Law, Federal Crimes, Libel & Slander and Personal Injury for California on
Q: Help me I'm being targeted I'm 62 senior disabled pleas3 help

I have heart problems now. I fear for my life

Adam  Kocaj
Adam Kocaj pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

If you are facing harassment, discrimination, or threats, you may have legal options under elder abuse laws, disability protections, and civil rights laws. You may be able to file a restraining order, report the issue to law enforcement, or pursue legal action. If this involves financial... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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3 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: Partial Discovery Responses: Motion Options After 50 Days

If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 2, 2025

To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for California on
Q: I paid lawyer up front for services he did not provide, how do i get a refund?

In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.

In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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David W Gammill pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Misdemeanor Ticket for Court Visitation Order Violation?

On November 23rd, I received a misdemeanor ticket from Glendale Police for violating a court visitation order. The ticket states that I need to appear for a court hearing on December 18th. However, when I visited the court on December 4th to submit evidence proving that I did not violate the order,... View More

Dan Moseley
Dan Moseley
answered on Dec 5, 2024

It is possible that the DA's office may not file charges by 12/18. They have a year from the date of a misdemeanor incident to do so and are not required to file on or before the court date shown on your police citation. Nonetheless, if you do not show up in court on the 18th, or hire a lawyer... View More

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2 Answers | Asked in Criminal Law for California on
Q: In county jail my sister was doing her sentence and filed a 1381 form to different county she had

And they pick her up when her time was done and took her to court . The da only gave her time for the day he got the form and not the day she's been in custody..

06/11/2024 to 11/08/2024

Credit only from 09/08/2024 to 11/08/2024

Does she write a letter to judge to... View More

Marc David Pelta
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Marc David Pelta
answered on Nov 30, 2024

No, I do not see how a letter to a judge will matter at this point unless your sister works with experienced criminal defense counsel to draft such a letter. I realize that this kind of "advice" is common in jails. We refer to it as "jailhouse lawyering". I've even been... View More

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3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California on
Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... View More

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2 Answers | Asked in Criminal Law, Real Estate Law and Business Law for California on
Q: I inherited half my uncle's residence which is a duplex. He receives rental income I get nothing Can I force him to sale

I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More

James Clifton
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James Clifton
answered on Nov 25, 2024

You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More

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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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