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California Criminal Law Questions & 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
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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

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2 Answers | Asked in Criminal Law for California on
Q: I just got my probation terminated early. Will they check up on me after to verify my hardship?

I got my probation terminated early. I said that I was having trouble getting a job and that I was going to try to get a certain job. Will they check up to make sure that I got the job?

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answered on Feb 8, 2024

In California, once your probation is terminated early, typically, the probation department or the court does not conduct follow-up checks to verify specific circumstances like employment status, unless there was a specific condition set forth in your probation termination order that requires such... View More

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2 Answers | Asked in Criminal Law for California on
Q: I just got my probation terminated early. Will they check up on me after to verify my hardship?

I got my probation terminated early. I said that I was having trouble getting a job and that I was going to try to get a certain job. Will they check up to make sure that I got the job?

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answered on Feb 21, 2024

In California, once your probation is terminated early, the formal supervision by the probation department comes to an end. This means that the regular check-ins, monitoring, and other requirements you were subject to while on probation are no longer applicable. The decision to terminate your... View More

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2 Answers | Asked in Criminal Law for California on
Q: My husband got caught shoplifting at LA duty free leaving the country. Will he have problems when visiting the US again?

The store took a photo of him and asked him to give the fregrance back and not to come the the store again. They said it was the best outcome for him. Will he have problems when applying for another B1 visa next time? And will they know this akward incident at the us consulate?

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answered on Feb 7, 2024

If your husband was caught shoplifting at an LA duty-free shop but the incident was resolved on the spot without police involvement or criminal charges, it's less likely to directly impact his future visits to the U.S. or his B1 visa application. Typically, visa applications and entries into... View More

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2 Answers | Asked in Criminal Law for California on
Q: My husband got caught shoplifting at LA duty free leaving the country. Will he have problems when visiting the US again?

The store took a photo of him and asked him to give the fregrance back and not to come the the store again. They said it was the best outcome for him. Will he have problems when applying for another B1 visa next time? And will they know this akward incident at the us consulate?

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answered on Feb 22, 2024

Based on the details provided, it's unlikely your husband would have major issues or problems when applying for another B1 visa or visiting the US again. A few key points:

- Since the store did not press formal charges and only asked that he return the merchandise and not come back,...
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2 Answers | Asked in Employment Law and Criminal Law for California on
Q: Can an employer call the DA and find out information on my case if there is no consent given
Neil Pedersen
Neil Pedersen
answered on Feb 7, 2024

There is no law that would prevent an employer from doing its own investigation about criminal charges pending against one of its employees. Furthermore, there is no law that would prohibit an employer to act upon information learned about an open, unresolved criminal charge against one of its... View More

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2 Answers | Asked in Criminal Law for California on
Q: If a person is illegally arrested can the officer culpable for the arrest be charged with kidnapping ?
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answered on Feb 6, 2024

In California, if a person is illegally arrested, it raises questions about the legality of the officer's actions. However, categorizing such an arrest as kidnapping under California law is complex and not straightforward. For an officer to be charged with kidnapping, it must be proven that... View More

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2 Answers | Asked in Criminal Law for California on
Q: If a person is illegally arrested can the officer culpable for the arrest be charged with kidnapping ?
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answered on Feb 22, 2024

No, in California an officer cannot be charged with kidnapping for an illegal or improper arrest.

While a truly unjustified false arrest by a police officer may provide grounds for legal recourse in the form of lawsuits for things like civil rights violations or false imprisonment, the...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I want to drop the charges against my boyfriend in San Joaquin county of dv. The charges are way worse that the event

The police made it seem way worse on paper

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answered on Feb 6, 2024

If you wish to drop charges against your boyfriend in a domestic violence case in San Joaquin County, it's important to understand that the decision ultimately lies with the prosecuting attorney's office and the court system. You can express your desire to drop the charges, but it's... View More

1 Answer | Asked in Criminal Law for California on
Q: I was arrested for battery, no charges have been filed - do i wait until charges are filed or get a lawyer now.

Was arrested last week - let out that day - and given a order to appear at court ticket and told to show up two months from now - no charges have been filed - should I hire a lawyer now (4500$) or do i wait and see if the charges are filed and then hire a lawyer. This “battery” accusation... View More

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answered on Feb 5, 2024

In situations like yours, where you've been arrested but charges have not yet been filed, it's generally wise to consult with a lawyer as soon as possible. Even though no charges have been filed yet, the period leading up to your court appearance is critical for gathering evidence,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Ok I'm going thru a domestic violence case and the person who did this to me had stolen a bunch of items and money help
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answered on Feb 5, 2024

If you're going through a domestic violence case in California and the person responsible has also stolen items and money from you, it's critical to report these thefts to the police as soon as possible. Provide them with any evidence or information you have regarding the stolen items and... View More

1 Answer | Asked in Criminal Law for California on
Q: Can I put a camera in my own bedroom that no one goes into my brother is stealing from me and going through my personal

I need a restraining order he is mentally unstable

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answered on Feb 4, 2024

In California, it is generally legal to install a camera in your own bedroom for security purposes, including to document theft or unauthorized entry. However, it's important to ensure that the camera does not invade anyone else's privacy in areas where they have a reasonable expectation... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Please I need help. The DA is charging my husband with two felony dv charges. I'm the victim. I want the CPO terminated

The DA is intimidating me and scaring me with the plea bargain that they are offering. I just need to talk to an atty who will answer some questions

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answered on Feb 4, 2024

If you're feeling intimidated by the District Attorney's office regarding your husband's case and the plea bargain being offered, it's important to know that you have rights and options. The Criminal Protective Order (CPO) issued in domestic violence cases is intended to protect... View More

1 Answer | Asked in Criminal Law for California on
Q: If i have paperwork stating that my felony case has been terminated due to a law change would i still be a felon
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answered on Feb 3, 2024

Under California law, if you have paperwork stating that your felony case has been terminated due to a change in law, this means that the legal system no longer recognizes the act you were charged with as a felony offense. This can significantly impact your legal status and rights.... View More

1 Answer | Asked in Criminal Law for California on
Q: Where can i find the rules of criminal procedure for statutory jurisdiction, such as can be found for comm law or admr.

Constitutional courts of law and equity as written are considerably clear and easily attainable, yet clearly though not mentioned we very much recognize a statutory jursd. With rights like per se defense there has to be clear text reflecting a letter and nature of law and jurisdiction governing it... View More

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answered on Feb 3, 2024

In California, the rules of criminal procedure for statutory jurisdiction are outlined in several key sources. The primary source is the California Penal Code, which details offenses, penalties, and general procedural rules. Additionally, the California Code of Civil Procedure provides guidance on... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: How to compel US MARSHAL to return my US Passport, money, phone, clothing, luggage, etc. that was seized LAX 26 Dec 2018
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answered on Feb 1, 2024

First, you may want to consult with an experienced attorney who specializes in civil rights or federal litigation to understand your legal options and the specific circumstances surrounding the seizure of your belongings at LAX in December 2018.

You can file a claim against the U.S....
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Can a cop arrest me for interfering with his scene, simply because I refused to get an ID from a crashed vehicle.

I wasn’t part of the crash. I was a respondent

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answered on Jan 31, 2024

Under California law, refusing to provide identification from a crashed vehicle as a bystander or respondent generally should not result in your arrest for interfering with a police scene. Interfering with a police scene typically involves actions that obstruct or hinder law enforcement officers in... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: A CHP asked me to grab my daughters ID from a crashed vehicle. I refused, he then beat me and arrested me. Is that legal

I was choked unconscious, tazed multiple times, broken ribs, no feeling in tops of hands

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answered on Jan 31, 2024

Under California law, police officers have certain powers to enforce the law and ensure public safety, but these powers are subject to legal and constitutional limitations. In the scenario you described, the use of force by a police officer, especially to the extent of causing serious injury,... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: On the edge of Reedley the road 430 is in Tulare co. Reedley is in Fresno co. I was in Tulare can Reedley cop stop me

I did not brake any laws the cop said I didn't fully stop at stop sign but I did but I was in Tulare co. The whole time

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answered on Jan 30, 2024

In California, police officers generally have jurisdiction within the city or county where they are employed. However, they can enforce laws in other jurisdictions under certain circumstances. If you were stopped by a Reedley police officer while you were in Tulare County, the legality of the stop... View More

2 Answers | Asked in Car Accidents, Civil Litigation, Criminal Law and Personal Injury for California on
Q: Hi, After a road rage incident, my wife was followed into our garage. I posted the plate, and the owner lives here.

I posted it in the private building forum. He followed her out of the garage and into a business.

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answered on Jan 29, 2024

In California, the actions you've described could potentially constitute stalking or harassment. California law defines stalking as someone repeatedly following, harassing, and threatening another person to the point where that person fears for their safety or the safety of their family.... View More

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