Get free answers to your Criminal Law legal questions from lawyers in your area.
charged or was not the targeted crime and does the defendant have the right to be present during sentencing
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answered on Feb 23, 2024
Under California law, specifically Penal Code 1437, which deals with the resentencing of defendants under certain circumstances, a sentencing judge is bound by the principle of legality, meaning they cannot sentence a defendant for a crime that was neither charged nor convicted, nor can they... View More 
I know what the case is regarding, I rather not appear if I don't need to. I feel the district attorney's office is trying to trick me into thinking I need to appear when it's not a real subpoena until served in person. Thank you.
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answered on Feb 22, 2024
The subpoena is real. A subpoena from a District Attorney almost always relates to a criminal case and for that reason the DA will surely continue to serve you, whether by mail or in person, until you appear in court. If you willfully refuse to appear when you’ve been served a subpoena to do... View More
I know what the case is regarding, I rather not appear if I don't need to. I feel the district attorney's office is trying to trick me into thinking I need to appear when it's not a real subpoena until served in person. Thank you.
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answered on Feb 22, 2024
Under California law, the method of serving a subpoena can vary depending on the circumstances of the case and the specific requirements of the court. Generally, subpoenas can be served in several ways, including by mail, as long as it meets the legal requirements for service in your jurisdiction.... View More
He grabbed the robber gun but He shot the wrong person under the influence
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answered on Feb 22, 2024
In a situation where your husband acted with the intention to protect you from harm but unfortunately ended up causing harm to someone else under distressing circumstances, several defense strategies might be applicable under the law. These defenses are designed to consider the context and... View More
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answered on Feb 22, 2024
Yes, there is some relevant federal case law regarding search warrants with misspelled names. The key principles established in rulings by federal appeals courts are:
- Minor spelling errors or typos in a name on a search warrant will not necessarily invalidate the warrant. Courts allow for... View More
She got a D/A reject, and they want to give me 3 years in state prison
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answered on Feb 22, 2024
In California, when two individuals are arrested for the same crime, the outcomes can vary significantly due to several factors. Your niece receiving a District Attorney (D/A) reject means the prosecutor decided not to file charges against her. This decision could be based on a variety of reasons,... View More
Now and each time he goes to court they’re trying to pile another thing on him. For one case they pulled us over for no reason at all. I have the police recording of them making something up while the report on paper states a whole other thing. Another time just recently they pulled us over &... View More
answered on Feb 22, 2024
There are lawyers that can work with payments, but it may be difficult to find one. Unfortunately for your boyfriend, criminal defendants have a horrible reputation for not honoring the payment agreement. Once the matter is concluded, the defendant usually stops making payments. Then the attorney... View More
Now and each time he goes to court they’re trying to pile another thing on him. For one case they pulled us over for no reason at all. I have the police recording of them making something up while the report on paper states a whole other thing. Another time just recently they pulled us over &... View More
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answered on Feb 22, 2024
Yes, there are lawyers who may be willing to work with payment plans or take payments over time, especially for criminal defense cases. Here are a few options to consider:
1. Public defender - If your fiance cannot afford a private lawyer, he may qualify for a court-appointed public... View More
I have filed 2 cases with my local police department and have made multiple phone calls with no response, one of their friends works for the police, these are my sons previous friends with the parents involved. They have threatened to blow up the neighborhood shoot at my house and my children this... View More
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answered on Feb 21, 2024
If you feel that your complaints are not being adequately addressed by your local police department, especially if there's a conflict of interest, you have several options. You can escalate the issue within the police department by reaching out to a higher authority or internal affairs.... View More
He's already served his adult life in the federal penitentiary. He has been locked up b since a teenager. Just trying to get out of the much and more as he got it the last time he ended up doing the same thing supposedly. Witch I believe was a setup on both parties well the judge n just... View More
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answered on Feb 21, 2024
Based on the limited information provided, it sounds like your father was previously convicted and served substantial prison time, but may now be facing further incarceration or penalties under California Penal Code 1170.03. Some things that could potentially help in this situation:
- Hire... View More
I know that everyone who's on probation doesn't like it, but I'm talking about diagnosed mental health disorders such as bipolar, schizophrenia, and mainly stress and depression.
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answered on Feb 21, 2024
Yes, mental health conditions and clinical diagnoses like depression can play an important part when making a motion for early termination of probation in California.
Specifically, under California Penal Code 1203.3, the court has discretion to early terminate probation "in the... View More
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answered on Feb 21, 2024
Yes, you potentially have grounds to sue the California Department of Corrections and Rehabilitation (CDCR) parole division if their negligence in losing your paperwork and delays in your discharge resulted in you being improperly supervised longer than legally required.
Some key grounds... View More
My roommate always has her boyfriend at the house whom I don’t know or trust
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answered on Feb 21, 2024
Yes, in California you can legally install a security camera in the garage to monitor your tools, as long as certain conditions are met:
- The garage must be an area you have exclusive rights to access and control. If it is a shared garage with your roommate, you would need their consent to... View More
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answered on Feb 21, 2024
In California, when a court hearing is described as "vacated," it means that the scheduled hearing has been cancelled and will not take place as originally planned. This can occur for a variety of reasons, including but not limited to, the parties reaching a settlement, a procedural issue... View More
If I were to put these lights up only when in the parking lot for a car show and take them down after would that be illegal in california. These would be for display purposes only and would not be used for police impersonating or pulling people over.
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answered on Feb 21, 2024
Yes, it would still be illegal to display flashing red and blue lights in a parking lot in California, even if it's for a car show and you don't intend to impersonate police.
Under California Vehicle Code Section 25269, it is prohibited for any vehicle to “display a flashing... View More
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answered on Feb 21, 2024
No, you cannot legally make a deal with the police to be paid for buying drugs, even with marked, tracked, or fake money they provide. Here are a few reasons why:
1. Entrapment Laws: Paying an individual to purchase illegal drugs likely constitutes entrapment under California law.... View More
So my sister went missing, she was driving from Pima County Arizona. It was just her and her 4 kids. She was supposed to show up at my house and never did. Then she started ignoring my calls and then just disappeared.ive been hearing her upstairs and her kid has been being molested and raped . The... View More
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answered on Feb 21, 2024
I cannot recommend ways to illegally access private information or property. However, I would suggest the following constructive actions:
- Contact the police to file a missing persons report for your sister and her children. Provide them with all relevant details like when she went... View More
Only my cars license plate was seen on camera not me, I was at the casino.
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answered on Feb 21, 2024
Under California law, you may not be held criminally liable for the actions of your friend in stealing quarters from a car wash using your car, especially if you were not present during the commission of the crime and did not participate in it. However, if your car was used in the commission of the... View More
The d.a. is charging me with vandalism and petty theft with a prior, I was offered 32 months prison.
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answered on Feb 21, 2024
Under California law, you could potentially be convicted of vandalism for your involvement in painting over the security camera, as this act constitutes maliciously defacing property belonging to another person. Additionally, if you were seen handing the spray paint to your friend with the intent... View More
If an officer has substantial evidence for an arrest of a suspect, do they need to read the Miranda warnings to the suspect? For example, a crime has been committed in the presence of an officer or they’re caught on surveillance committing a crime.
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answered on Feb 21, 2024
Under California law, Miranda Rights must be read to a suspect before a custodial interrogation occurs. However, there are exceptions when Miranda warnings are not required, such as situations where there is no interrogation or the suspect is not in custody. If substantial evidence exists for an... View More
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