Get free answers to your Criminal Law legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
Whenever anyone is taken into custody, like in this case by the CHP, they are taken to the local county jail. So the first thing you need to do is identify which county he was arrested in so you can determine which jail he’s presently being held. Once you know which jail holds inmates arrested... View More
I DONT UNDERSTAND WHAT THIS MEANS? a family member recieved this in the mail....
"INITIAL APPEARANCE VACATED/CRIMINAL ARREST WARRANT" This matter was set December , 2023 for Initial Appearance on Summons LET THE RECORD REFLECT the Defendant failed to appear before the Court at the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
This message means that a court had scheduled a meeting (called an "Initial Appearance") for a family member to respond to some legal charges in December 2023, but your family member did not show up. Because they didn't appear, and the court couldn't find any proof that they... View More
Received an infraction in 2018 in California for ingesting marijuana in public. I recently got a job as an office assistant at a high school so I'm worried this will show up on my live scan check and I will be denied the job. I was never finger printed, just paid a fine.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
More than likely it won’t show up if it was, indeed, an infraction. However, sometimes infractions started off as misdemeanors and were reduced. The misdemeanor arrest might show up. Also I have seen many inaccurate DOJ reports over the years. If you are concerned, there is a means of checking... View More
Received an infraction in 2018 in California for ingesting marijuana in public. I recently got a job as an office assistant at a high school so I'm worried this will show up on my live scan check and I will be denied the job. I was never finger printed, just paid a fine.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
In California, infractions generally do not appear on criminal background checks used for employment, especially if they are minor and do not involve fingerprinting. Since the incident you described involved a fine for a minor offense and did not involve being fingerprinted, it is less likely to... View More
This is a criminal law question.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024
In California, when facing criminal charges, the court has the discretion to impose the high term for your base crime depending on the specifics of your case, including the nature of the offense and your criminal history. This decision is influenced by various factors, such as the severity of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024
Under California law, if you were scheduled to appear in court and your case wasn't listed on the docket, it's essential to follow up with the court clerk or your attorney to understand why. This could be due to a clerical error, a delay in processing, or other administrative reasons.... View More
I was convicted as an adult but my actual birthday is February 29th so can I argue I'm not an adult?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024
In California criminal law, the determination of adulthood for legal purposes, including the prosecution of crimes, is based on the age of the individual at the time of the offense, not on the specific date of birth in terms of leap years. This means that if you were 18 years old or older by the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024
In California, if your name appears in discovery paperwork related to a crime you did not commit, removing your name can be challenging, as discovery documents are part of the official record of a criminal investigation or proceeding. However, you have options to address your concerns and seek to... View More
Not one officer went to go look at the damage, of my home, prior to even arresting me. Furthermore, I was assaulted by one of the police officers after suffering from a seizure and being taken to a hospital. I have video of the assault.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
In California, the legality of an arrest for felony vandalism hinges on the officers having probable cause to believe that a crime has been committed. Vandalism can be charged as a felony under certain circumstances, but for damage under $400, it is usually treated as a misdemeanor. If the alleged... View More
Now im on probation which I should not be on in the first place
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
If you were arrested and went to prison for something you didn't do and are now on probation, you might have options under California law to reopen your case and seek a dismissal. The first step is to consult with an attorney who can evaluate the specifics of your case, including the evidence,... View More
I have 370 ACTUAL days in custody served. They gave me the high term 3 years for felon in possession of a fire arm & 8 months for a 311.11(a) to be ran consecutive. Since they revoked my probation for a dirty substance test I have been to saint john of god rehabilitation center. Then an out... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024
In California, if you're facing the execution of a suspended sentence due to a probation violation and are seeking resentencing, you may have options under specific legal statutes designed to support rehabilitation efforts. Given your efforts towards rehabilitation, employment, and personal... View More
I recently asked a question here on Justia about whether the Police are legally obligated to investigate crimes or protect anyone! But based off what I was heard by an attorney by the name of “LegalEagle” on YouTube the Police have absolutely no legal obligation to protect anyone or investigate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
The U.S. Supreme Court case of "Town of Castle Rock, Colorado v. Gonzalez (2005)" is a pivotal ruling that addresses the extent of police obligations towards individual protection under the law. In this case, Jessica Gonzales sued the town of Castle Rock for failing to enforce a... View More
Since he’s been locked up there was no case number & He already had arraignment on Friday, but after midnight is when they took the court dates off the website.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024
Since you indicate he has had an arraignment, there should be a case number and next court date I’m not sure where you are searching. Check on Monday for an update in the system. The jail will know where he’s housed. If you call a local criminal defense attorney, they know how to find the... View More
Since he’s been locked up there was no case number & He already had arraignment on Friday, but after midnight is when they took the court dates off the website.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
Under California law, if your friend is in jail but there's no case number or next court date available, it could be due to several reasons. Initially, it's important to understand that the legal process involves multiple stages, starting from arrest to booking, and then to the... View More
That information or evidence that is being heard from the public are not true and that certain things definitely did not happen? Stating things as facts.
Is this not prosecutorial misconduct and tainting potential jurors??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
Under California law, District Attorneys (DAs) have a duty to ensure justice and conduct themselves in a manner that upholds the integrity of the criminal justice system. While DAs can make public statements about cases, they must do so with caution to avoid prejudicing public opinion or... View More
If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In California, law enforcement officers have a duty to enforce the law and protect the public. This includes investigating crimes that have been reported to them or that they witness. When a crime is committed in their presence, police are generally expected to act to prevent harm, make arrests, or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available... View More
My sister used my parents credit cards etc..
She has taken everything of theirs and is a hoarder who is trashing the house.
It is a small estate but she is taking everything, she lived there for over 20 years.
She does not work and lied to the court to put an RO on me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
Under California law, if your sister is charged with stealing from your parents' estate, she may indeed risk losing her rights to the estate. The court may consider her actions as a breach of fiduciary duty and may revoke her rights as a beneficiary. Additionally, if she is found guilty of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
