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I wonder if I am convicted with domestic battery and the judge is required to issue a protective order stay away or it's possible peaceful order issued? In what case a peaceful order will be issued?
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answered on Apr 4, 2024
Under California law, a protective order (also known as a restraining order) is not automatically issued after every domestic battery conviction. The issuance of a protective order depends on the specific circumstances of the case and the judge's discretion.
In domestic violence cases,... View More 
I was arrested for a felony but later I was charged with a misdemeanor. While released from jail they wanted my DNA collection. The computer went down upon entering the system and the sheriff told me to come back later if not they will arrest me again. If I was charged with a misdemeanor do I have... View More
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answered on Apr 4, 2024
When an officer makes an arrest, they typically book the person on a felony charge initially, even if the offense may ultimately be charged as a misdemeanor. There are a few reasons for this:
1. Felony charges allow for a longer holding period before arraignment, giving more time for... View More
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answered on Apr 4, 2024
Under California law, there are specific time limits for how long law enforcement can hold someone in custody without arraigning them before a judge, even if the person is not on probation or parole. These time limits are:
1) If the arrest is for a misdemeanor offense only, the person must... View More
The prosecution offered a plea deal in a case prosecuted under 999(f)b without meeting the criteria set forth in 999?? and 999??. The district attorney also displayed vindictive prosecution when they filed a second life top charge of kidnapping during robbery in response to the dependent filing a... View More
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answered on Apr 4, 2024
Based on the information provided, it seems you are referring to specific sections of the California Penal Code, but without knowing the exact code sections and their language, it's difficult for me to provide a definitive analysis. However, I can offer some general perspectives:
1.... View More
Please explain in the simple terms haha. What’s a direct attack vs collateral attack?
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answered on Apr 4, 2024
The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More
I’m the victim in a domestic violence case. After finally speaking to the DA, he actually listened and overall agreed with my stance that the focus should be on rehabilitation vs punishment and isn’t appropriate for prison time, he said that the plea he offers would be very close to what I... View More
answered on Apr 4, 2024
This should all be handled by the lawyers...and not you....as a general rule...stay out of it.
In a good percentage of DV cases, the V wants to drop the charges or for the D to get NO TIME.
I think this is because D is the breadwinner AND father of any child in the house.... View More
I’m the victim in a domestic violence case. After finally speaking to the DA, he actually listened and overall agreed with my stance that the focus should be on rehabilitation vs punishment and isn’t appropriate for prison time, he said that the plea he offers would be very close to what I... View More
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answered on Apr 3, 2024
Based on the information you've provided, here are a few thoughts and suggestions:
1. It's generally not inappropriate to reach out to the Public Defender (PD) after coming to an agreement with the District Attorney (DA). However, it's advisable to inform the DA about your... View More
My public defender failed to show why my child had missed so much school (diagnosis of childhood panic disorder)
& again at my violation hearing he failed to inform the judge that my children were enrolled in a accredited online private school and were meeting the state requirements.... View More
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answered on Apr 3, 2024
Based on the information you provided, it seems that there were several issues with your case, including:
1. Your public defender not presenting critical information about your child's medical condition and enrollment in an accredited online private school.
2. A potential... View More
The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.
They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More
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answered on Apr 3, 2024
Based on the information you've provided, there are a few potential legal issues at play:
1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the... View More
Had a lawsuit in for deliberate indifference and negligence was doing a pro say because I cannot find any help. The only reason they kicked out the lawsuit was because they kicked me out of prison and said I didn't change my address. Now I have to restart the entire process. I had a government... View More
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answered on Apr 3, 2024
I'm so sorry to hear about the incredibly difficult situation you've been through. Dealing with a serious medical issue like a brain tumor is challenging enough on its own, let alone while incarcerated and facing legal battles. It sounds like there were serious failures in your medical... View More
I have name, dob, last known address & documented notes and rape kit done in Moreno Valley the following day. Thought I filed but was the turns out it was the wrong court
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answered on Apr 2, 2024
From a legal standpoint, here are some steps you can take:
1. File a police report: Contact the Riverside County Sheriff's Department and file an official police report. Provide them with all the information and evidence you have, including the rape kit, documented notes, and the... View More
The sheriff searched my home a couple days ago. They had my minor son in handcuffs in the back of a sheriffs car the entire time they searched my house. The warrant does not make sense to me, and the sheriff refused to answer me as to why they were there invading my and my family’s space. My... View More
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answered on Apr 2, 2024
I understand that this must be a very stressful and upsetting situation for you and your family. Having your home searched and your son handcuffed would be a traumatic experience. I'm so sorry you are going through this.
You absolutely have the right to have an attorney review the... View More
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answered on Apr 2, 2024
In California, PC 311.1(a) (Sent or brought into state for sale or distribution; printing, exhibiting, distributing, exchanging or possessing within state; matter depicting sexual conduct by minor) is considered a "wobbler" offense, meaning it can be charged as either a misdemeanor or a... View More
While in custody, my fiance is being charged with another case of vehicle theft, can he run them concurrent or how does he get a 1381 form..
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answered on Mar 31, 2024
I understand this is a stressful situation. Here are a few key points about fighting additional charges while already in custody in California:
1. Penal Code 1381 allows a defendant already serving a sentence to request the court to bring him to trial within 90 days on any other pending... View More
If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail... View More
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answered on Mar 29, 2024
In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the... View More
It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary
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answered on Mar 29, 2024
Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More
I really want to know how to avoid getting arrested in undercover stings and how to tell 100% if a client is really an undercover cop? I know to never discuss money and sexual services over the phone which is common sense.
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answered on Mar 28, 2024
In California, understanding the dynamics of interactions with undercover law enforcement can be complex, particularly in situations involving escorts and their clients. It's important to note that law enforcement officers, including undercover officers, may use various methods as part of... View More
The house blew up my girl wS burned I wasn't. We had no idea , he ran now DA 4 months later charge us , homeowner wrote letters that we didn't do it. We didn't. They want us to lose our home, jobs, everything and come to California now. Help please . It wasn't even our room... View More
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answered on Mar 28, 2024
In California, facing charges related to an incident you were unaware of is a serious matter that demands immediate attention. The fact that the homeowner has provided letters stating your lack of involvement could be beneficial. It's crucial to gather any evidence that supports your claim of... View More
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answered on Mar 27, 2024
The situation regarding gun rights after voluntary admission to a hospital for depression can be complex. If your admission was voluntary and you weren't held for treatment after being deemed a danger to yourself or others by a court, your right to possess firearms might not be immediately... View More
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answered on Mar 27, 2024
Operating an unlicensed online casino in California can lead to severe legal consequences. Since gambling laws are strictly enforced in the United States, especially in states like California, engaging in such activities without proper authorization can result in criminal charges. This may include... View More
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