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California Criminal Law Questions & Answers
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

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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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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

Nors  Davidson
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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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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

James L. Arrasmith
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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
James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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
Nors  Davidson
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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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2 Answers | Asked in Criminal Law for California on
Q: If you have failure to appear in court will they suspended your DL
James L. Arrasmith
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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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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

James L. Arrasmith
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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.

James L. Arrasmith
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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

James L. Arrasmith
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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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2 Answers | Asked in Criminal Law and Municipal Law for California on
Q: I'm just trying to get a waiver for my court order classes
Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

Whoever represented you in court should be the one to best answer that question.

They don't waive things just because it is inconvenient for you...which I assume is the case.

Someone would have to review your file and see how many classes you have taken.

If it is a...
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2 Answers | Asked in Criminal Law and Municipal Law for California on
Q: I'm just trying to get a waiver for my court order classes
James L. Arrasmith
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answered on Mar 4, 2024

Under California law, obtaining a waiver for court-ordered classes often involves demonstrating to the court that attending these classes would cause undue hardship or that equivalent alternative measures can achieve the same objectives. You may need to file a formal request or motion with the... View More

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3 Answers | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Appellate court keeps refusing my documents.

I am in pro per and cannot afford an attorney. No non profit will help me. I do not fit into any of their categories. No help even at the LA Law liabrary. There is absolutely no help anywhere. Can they reject what the documents I give them ? The court clerk keeps rejecting every document... View More

James L. Arrasmith
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answered on Mar 4, 2024

In California, appellate courts have specific rules and guidelines for the submission of documents, including formatting, content, and deadlines. If the court clerk is rejecting your documents, it's likely due to non-compliance with these rules. It's crucial to review the California Rules... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Banking for California on
Q: Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank accoun

Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank account. Under all my information, such as social security number, name, address, everything was correct, except for the year of my birth, which I set to be 18 instead of my correct... View More

James L. Arrasmith
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answered on Mar 3, 2024

Addressing this issue involves taking proactive steps to correct the misinformation with the bank and credit card company. Contacting them directly to explain the situation and requesting guidance on how to amend your date of birth on your accounts is a good starting point. Most institutions have... View More

5 Answers | Asked in Criminal Law for California on
Q: Who should I contact?

Who should I contact regarding an incident where my husband was stopped by the California Highway Patrol (CHP) and taken to jail due to an unknown warrant? My husband serves as my primary caretaker, and his absence, especially for more than a day, would significantly hinder my ability to function... View More

James Richard Askew
James Richard Askew
answered on Mar 3, 2024

It depends on who issued the warrant and why. If it is from a foreign jurisdiction (i.e. one outside your county), there could be extradition issues involved... not to mention answering for the underlying reason for the warrant. You should address this issue first. The courts and law enforcement... View More

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5 Answers | Asked in Criminal Law for California on
Q: Who should I contact?

Who should I contact regarding an incident where my husband was stopped by the California Highway Patrol (CHP) and taken to jail due to an unknown warrant? My husband serves as my primary caretaker, and his absence, especially for more than a day, would significantly hinder my ability to function... View More

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, facing a situation where a family member has been detained can be distressing, especially when the detainment impacts caregiving arrangements significantly. In this instance, your first step should be to contact a qualified attorney who has experience with criminal law in... View More

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