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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: How do I get a court appointed attorney in California
James L. Arrasmith
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answered on Mar 27, 2024

In California, if you're facing criminal charges and cannot afford an attorney, you have the right to request a court-appointed one. To start this process, you should inform the court of your financial situation during your first court appearance, often called an arraignment. The judge will... View More

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1 Answer | Asked in Criminal Law, Family Law and Libel & Slander for California on
Q: Can I get a restraining order for someone filing false allegations of neglect to CPS?

A family member contacted CPS and filed a report alleging general neglect. The allegations are false, I have been cleared by CPS. Can I have a restraining order filed against the family member to keep them from having contact with my child?

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, obtaining a restraining order against someone who has made false allegations to Child Protective Services (CPS) can be complex. Typically, restraining orders are issued in situations involving domestic violence, harassment, stalking, or threats. If the false allegations were... View More

2 Answers | Asked in Criminal Law for California on
Q: If I have a misdemeanor warrant in a far away state would it be likely a extraditable warrant ?

I’ve read that warrants will state if it’s extraditable or not . If I’m in California but have a New England warrant for a misdemeanor like dui, shoplifting , disorderly conducts etc would I be arrested in California or only if I enter the state with the warrant .

James L. Arrasmith
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answered on Mar 27, 2024

In California, whether you would be extradited for a misdemeanor warrant from another state depends on several factors, including the severity of the offense and the policies of the state that issued the warrant. Generally, extradition is more common for felonies than misdemeanors. However, serious... View More

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2 Answers | Asked in Criminal Law for California on
Q: Could a lawyer be lying to me to get my business?

He told me that to get early termination of probation (in northern California), you don't need to show hardship. I asked him to explain that, and he said they would put together the most compelling case they could.

Robert Kane
Robert Kane
answered on Mar 26, 2024

Ultimately, the judge needs a reason to terminate probation early.

Synonyms & Similar Words

Relevance

difficulty

obstacle

adversity

hardness

trial

rigor

hurdle

discomfort

inconvenience

asperity...
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2 Answers | Asked in Criminal Law for California on
Q: Could a lawyer be lying to me to get my business?

He told me that to get early termination of probation (in northern California), you don't need to show hardship. I asked him to explain that, and he said they would put together the most compelling case they could.

James L. Arrasmith
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answered on Mar 25, 2024

In California, the process for seeking early termination of probation does not explicitly require you to demonstrate hardship. However, it's important for you to understand that each case is unique and the decision to grant early termination is at the discretion of the court. Judges typically... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report... View More

James L. Arrasmith
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answered on Mar 25, 2024

1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the...
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2 Answers | Asked in Criminal Law for California on
Q: I'm on felony court probation for fta butte county A person had been cought on someone else's property with stolen

And sheriff's department saying I was there also I was never arrested and or found to be with anything stolen ever but now I being called to court for a violation of probation and charges for stolen goods and trespassing and fel and a mis. What kinda things should I do to not get violated

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

get a lawyer asap......who was your lawyer on the underlying case? can you go back and seek advice.

a lawyer has to review all the evidence, including your probation terms and conditions.

were you supposed to stay away from a location or not be with an individual/s???

gather...
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2 Answers | Asked in Criminal Law for California on
Q: I'm on felony court probation for fta butte county A person had been cought on someone else's property with stolen

And sheriff's department saying I was there also I was never arrested and or found to be with anything stolen ever but now I being called to court for a violation of probation and charges for stolen goods and trespassing and fel and a mis. What kinda things should I do to not get violated

James L. Arrasmith
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answered on Mar 24, 2024

In California, if you are facing a probation violation and new charges, it is important to act promptly and responsibly. First, ensure you attend all court dates and comply with any current probation conditions. Ignoring court orders or probation terms can exacerbate your situation. Communicate... View More

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2 Answers | Asked in Criminal Law for California on
Q: A sheriff officer said I was involved with a crime and has only the first name as the same as mine told by the arrested

What do I need to prove it wasn't me ... And should I fille action s against sheriff's office

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

the best advice is do NOT talk to the sheriff.....period.

it is not always what you say but what they thought you said that can hurt you.

a lawyer shouldn't give legal advice without learning all the facts......get a lawyer asap.

once you learn what you are charged with...
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2 Answers | Asked in Criminal Law for California on
Q: A sheriff officer said I was involved with a crime and has only the first name as the same as mine told by the arrested

What do I need to prove it wasn't me ... And should I fille action s against sheriff's office

James L. Arrasmith
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answered on Mar 24, 2024

In California, if you are mistakenly identified in connection with a crime, it is crucial to establish your innocence and separate yourself from the accusation. Gather any evidence that proves your whereabouts at the time of the crime, such as time-stamped photos, receipts, or witness testimonies.... View More

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2 Answers | Asked in Criminal Law for California on
Q: Can you change court appointed lawyers?

A friend is being accused of 1st degree murder. She has a court appointed lawyer. Has been in jail for 1 yr since feb 2023. Still in further proceeding stage because the lawyer keeps extending her court dates. Lawyer has not given her her discovery and has not visited her for over 10 months.... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, your friend has the right to effective legal representation. If she believes her court-appointed lawyer is not providing adequate representation, she can request a new one. The process usually involves filing a motion with the court, stating the reasons for the change, such as... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: How can I get a lawyer for a domestic violence case pro Bono

My bf is fighting a domestic violence restraining order case in downtown LA next week and is in need of a lawyer but can't afford it.

James L. Arrasmith
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answered on Mar 22, 2024

In California, individuals facing legal challenges, such as fighting a domestic violence restraining order, can seek pro bono legal assistance through various avenues. Local legal aid organizations, such as the Legal Aid Foundation of Los Angeles (LAFLA), often provide free legal services to those... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: my bloodpressure was 220/134 in the judgeroom I said to everybody I need 911. Why judge never stoped and gave me order ?

My public defender attorney never help me and i said to him dont make a deal with destiric attorney but he never listened so he just followed the social service agency plans they setup everything for make a lot of problems for me so he was not serious about my cases so finally i wanted talk with... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, the well-being and health of individuals in a courtroom should be of paramount concern. If you experienced a medical emergency, such as an extremely high blood pressure reading, and communicated this need for emergency medical assistance, it is concerning if no action was... View More

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Is it possible to charge the borrower on an unsecured promissory note with wire fraud and conspiracy?

My friend loaned a significant amount of money on the basis of an unsecured promissory note. It was supposedly for a CBD business, though it did not specify the purpose for which it could be used. The payments dried up over a year ago. The payor claimed that after the CBD business, he transferred... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, charging someone with wire fraud requires proving that the person intentionally deceived another party to obtain money or property through the use of electronic communications. If your friend's money was borrowed under false pretenses, and the borrower had no intention of... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2024

The answer to most legal questions is IT DEPENDS.

Chances are it will come up in the computer check at the airport.

Why not just take care of it? The chances are you, like most clients, will be driving and stopped for a traffic violation/ infraction. They will run you for wants and...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
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answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Criminal Law for California on
Q: If documents are created with the intent to deceive and then used in an Arbitration is that considered a Public Facility

If preparing false documentary evidence, such as a Subpoena, under penalty of perjury, with intent to produce it, and allow it to be produced for a fraudulent and deceitful purpose, as genuine and true, upon a trial, proceeding, and inquiry, whatever, to wit, by filing, causing to be filed, and... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California Penal Code 134, preparing false documentary evidence with the intent to deceive and using it in any trial, proceeding, or inquiry is considered a felony. This law does not limit its scope strictly to public offices or traditional courtrooms. Therefore, even if the false documents... View More

3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

James L. Arrasmith
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answered on Mar 21, 2024

In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2024

you pose a lot of questions to which the answer is IT DEPENDS.

you didn't mention anything about YOUR UM?

let your company pay and they can go after (subrogate against) the parties at fault.

without wits' the other party can say something adverse to what you are...
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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 21, 2024

That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether... View More

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