Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: Pending adjudication Criminal fraud case- convicted. Why does it says it's pending adjudication . Convicted in 2011.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

It's possible that the status of "pending adjudication" for a criminal fraud case despite a conviction in 2011 could indicate ongoing legal proceedings related to the case. This could include appeals, post-conviction motions, or other legal actions that are still pending resolution.... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

Nors  Davidson
PREMIUM
Nors Davidson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

You should always fight every charge! If you plead guilty, you'll be convicted 100% of the time. You should consult with a local attorney(s). Consulations are usually free of charge and if the lawyer is experienced and honest, they can advise you what they an do to help. Lawyers can often... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Given the circumstances you described, it may be worth considering fighting the ticket and pleading not guilty. The fact that your license had expired only two days prior and you were issued a temporary license could potentially be a mitigating factor in your defense. Additionally, if you believe... View More

View More Answers

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: can a drug possession ticket dismissed if the cop wrote put wrong license plate number and wrong reg. owner on ticket?

I was sitting in my car (regsitered to me), i received a misdemeoner citation for drug possession and drug parahernalia. Cop wrote down wrong license plate number (one letter was incorrect) AND wrong registered owner on ticket. is this grounds for dismissal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, errors on a citation such as incorrect license plate numbers or registered owner information may not automatically result in dismissal of the charges. However, such errors could potentially be used as part of a defense strategy to challenge the validity of the citation. The... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for California on
Q: If somebody called 911 and lied about me and the situation happening, what can I do?

My friend lives with two other people, my friend allowed to me to go over to her house since I don't live in town anymore to get ready for a date because the date was in town and I go to school there so I was going to be in town since early in the day. My friend said that I could get the key... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

If someone falsely accuses you and calls 911, alleging that you committed harassment or other offenses, it's essential to gather evidence to support your innocence. In your situation, it appears you already took a proactive step by calling your sister to listen to the interaction, which could... View More

1 Answer | Asked in Criminal Law for California on
Q: Can I sue a used car lot located in Calexico, Ca. for sending men to my house located on Mexicali, BC assaulted me?

3 people, 2 males, 1 female came to my home located in Mexicali, Baja California trying to repo my car. 1 male punched me in the face twice and tried to run me over as he left, but missed. Female tried to run me over and ended up hitting me with their car.hitting my legs and I fell forward onto... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you can potentially sue the used car lot located in Calexico, California for the injuries and assault committed by the repossession agents they sent to your home in Mexicali, Mexico. Here are some key points:

• The used car lot could be held vicariously liable for the unlawful acts...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: Can a restraining orders be valid for the second time if you've already overturned the first ones?

Elderly abuse RO civil code.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, it is possible for a restraining order to be issued against someone for a second time, even if a previous order was overturned or expired. The key factor is the presence of new evidence or incidents that justify the issuance of a new restraining order. If circumstances have changed... View More

1 Answer | Asked in Criminal Law for California on
Q: If a person comits temp vandalism, say: replaces a lock, puts back the original lock after a day can the city prosecute?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, vandalism is defined as maliciously damaging, destroying, or defacing property belonging to someone else. This includes temporary actions like changing a lock, even if the original lock is restored after a short period. The key factor is the intent and the act of unauthorized... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: A Kaiser MD, not my doctor, ordered messages I wrote to be evaluated by CRT team. She did not notify me she was doing

a review and she did not get consent. Is that legal?

I fired my doctor 2 years ago, after three half hour phone appts. I realized she was drugging into semi consciousness to assure I'd miss an IRS dead line. I thought she'd never be able to figure out the dates I needed to be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, healthcare providers are generally required to maintain patient confidentiality and obtain consent before using or disclosing health information for purposes not directly related to the patient's care, except as permitted or required by law. However, certain circumstances... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for California on
Q: Can the FBI take an arrestee away from the police?

If the FBI, for example, has an informant (non-FBI employee, member of a criminal gang), and the police, without coordinating with the FBI, arrest him, can the FBI take that informant out of custody, given that he is involved in a special FBI operation and they need him? Do they need to ask the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

When the FBI is involved in a case with an informant who gets arrested by local police, the situation requires careful coordination between federal and local law enforcement agencies. If the FBI deems it necessary to take their informant out of local police custody due to his involvement in a... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can I voluntarily consent to an FBI wiretap without a court order?

In California, can a person voluntarily consent to the FBI using a wiretap of their conversations without a court order? Or can such a person use a tape recorder in their conversations without notifying their interlocutors so that they can then turn over a recording of the conversation to the FBI... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

California is a "two-party consent" state, which means that all parties involved in a private conversation must consent to the recording of the conversation. This law is outlined in the California Penal Code Section 632, part of the California Invasion of Privacy Act. Without the consent... View More

1 Answer | Asked in Criminal Law for California on
Q: My son is in jail under his birth name but all hearings that be heard are in a different name.can he be charged like thi

Can he be charged under an aka name when law officers that arrested him knew him ...

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, it is not uncommon for individuals to be charged under an alias or a name that is not their legal birth name. This can occur for various reasons, including if the individual is known by that alias in the community or if there was some confusion at the time of arrest. However, the... View More

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, if you fabricated allegations of domestic violence, it is crucial to acknowledge the seriousness of the situation and take prompt action to rectify the false report. You can start by contacting the law enforcement agency or district attorney's office handling the case and... View More

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

Robert Kane
Robert Kane
answered on Feb 20, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

These are difficult situations. Many victims of domestic violence recant, sometimes because they did in fact lie to the police and other times because they want to maintain the relationship with the abuser or for other reasons that are not in the victim's best interests. You should not share... View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: I am asking a question for my husband Rashad why does currently incarcerated already has had his preliminary hearing

I'm just asking to see if there's any way we can find out or my husband can find out what type of evidence they supposedly have because of course he didn't commit the crime the district attorney says they have a new discovery so we just want to know what is that indicating what does that mean

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, the right to discovery in a criminal case allows the defendant and their legal representative to obtain access to the evidence that the prosecution intends to use in court. This includes any new evidence or "discovery" that the district attorney claims to have. Your... View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: I am asking a question for my husband Rashad why does currently incarcerated already has had his preliminary hearing

I'm just asking to see if there's any way we can find out or my husband can find out what type of evidence they supposedly have because of course he didn't commit the crime the district attorney says they have a new discovery so we just want to know what is that indicating what does that mean

Paula Wasserman Drake
Paula Wasserman Drake pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

Since he had his preliminary hearing, I’m going to assume he has representation. The prosecutor will provide his lawyer with the new discovery. Discovery can be a number of different things: recordings, photos, witness statements, etc. Once his attorney receives and reviews the new discovery they... View More

View More Answers

3 Answers | Asked in Consumer Law, Criminal Law and Banking for California on
Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

I'm very sorry to hear about this terrible situation with your mother's Social Security funds being stolen from her Citibank account. You raise a very good point - if the bank acknowledges this was fraud, then they should still be responsible for making her whole and returning the stolen... View More

View More Answers

2 Answers | Asked in Criminal Law, Health Care Law and Personal Injury for California on
Q: The hospital is forcing an unsafe discharge in retaliation for my filing a sexual assault report against their nurse.

I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

I'm so sorry this happened. The hospital is prohibited from discharging you as retaliation for filing a sexual assault complaint or to an unsafe environment. Here are the key steps I'd recommend to legally challenge this:

1) Submit a written patient grievance to the...
View More

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Can a CA OC Sheriff give me a speeding ticket because he thinks I shouldn’t exceed 30 mph on a spare tire?

My spare tire literally reads do not exceed 50 mph. The last thing the Sheriff said was that I need to get the spare replaced in which I already informed him that I was in route to do that. He wrote the ticket I think for speeding!! Yet I wasn’t over the speed limit, and I don’t believe he made... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, law enforcement officers have the authority to issue citations for traffic violations if they observe a driver exceeding the posted speed limit, regardless of the reason for the speeding. However, if you were not exceeding the speed limit and were driving within the legal... View More

View More Answers

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.