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California Criminal Law Questions & Answers
1 Answer | Asked in Business Law, Criminal Law and Employment Law for California on
Q: If the company training team teaches an easy way to do something and that "something" breaks the law, who is responsible

Details removed

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

IF YOU KNOWINGLY BREAK THE LAW, YOU WILL BE RESPONSIBLE.

THAT DOESN'T MEAN THEY ESCAPE EXPOSURE.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for California on
Q: I missed my court date for failing to yield in the high desert. It was on Thursday March 24, 2021at 8:00 am. I was told

by the clerk “Do to COVID-19 I cannot go and clear it until November 24, 2021. Dept. V5. In conclusion I am a victim of racial and identity profiling (Parole and Police departments), slander, police falsifying evidence, and last but not least “GANG STALK” 2 years now. I’m also a 290... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

more info needed.

if you missed your court date a bench warrant was issued.

if the clerk advised you of a new date far off then you are to return by then.

if it is just a traffic matter you can pay tix and not attend.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My brother has a court date in Id. and now lives here in Ca. What happens if he does not appear for his court date? Can

we take care of this from here. He was homeless when I told him he could come live with me. His charged with domestic battery. Can his wife get charges dropped ?

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

more info needed.

the case jurisdiction is Idaho and that is where a judge will determine what happens.

it is not up to a victim to determine if charges are to be dropped.

in the eyes of the law the state of Idaho is the victim.

depending on the facts maybe he could...
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2 Answers | Asked in Criminal Law for California on
Q: Is there certain paperwork he needs to file to request a marsden hearing
Carol Elizabeth Long
Carol Elizabeth Long answered on Mar 24, 2021

Of course it depends on your jurisdiction, but often the court does not require a written motion. You can simply ask your attorney to notify the court or you can notify the court that you would like a Marsden Hearing. The court will need to clear out the entire courtroom except you, your attorney,... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: My husband is currently incarcerated and wants to fire his lawyer but it’s about to start trial what is the legal proces

I meant so he doesn’t have to go pro per I need to find another pro bono lawyer as well

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Mar 24, 2021

He can request a Marsden Hearing where the judge will talk to him and find out if there has been a breakdown in the attorney- client relationship such that he no longer has trust in the lawyer's abilities to defend him. If the court agrees, new counsel would be appointed. He needs to be... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is it possible to have restitution fines waived/dismissed for inmates?

I have a family member in Los Angeles County Jail that has to pay about $3,000 in restitution. This inmate has no assets, no income, and is in debt. It is not possible for the inmate to pay the fines.

Is there a way for inmates to file a petition or a waiver to reduce/dismiss the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 23, 2021

MORE INFO NEEDED.

THE FIRST THING I WOULD SUGGEST IS CONTACTING THE LAWYER WHO REPRESENTED HIM AND REQUEST HE DO SO...........HE COULD HAVE BROUGHT THIS UP AT SENTENCING.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for California on
Q: My ex was 31 and I was 17 and he kicked me out at 18 legally did he molest me? Was I even able to consent mentally?

So I was 17 and he was 31 when it started. I thought it was fine but there were red flags, I know I could call this in because I was used but I’m afraid of getting in legal trouble too, I didn’t know his card was stoll on my Amazon prime and ended up using it to make a large purchase (I was... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 21, 2021

If you have not been contacted by the police yet, I would try to return the money as soon as possible. If you wait, it could help prove you intended to steal.

If the cops are already involved, talk to a local criminal defense attorney before you do anything else.

Good luck!

1 Answer | Asked in Criminal Law for California on
Q: Can a parole officer ask for the parolee spouses medical record?
John Karas
John Karas answered on Mar 19, 2021

Your PO can ask for them but that doesn't mean you have to turn them over. Your wife has a right to privacy in her medical records and also HIPAA and the CMIA (Confidentiality of Medical Information Act) protects such records from disclosure.

1 Answer | Asked in Family Law and Criminal Law for California on
Q: I told my therapist about my step daughter being sexually abused by her borther, I know there is confientiality, for me?
Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You should speak with a local Criminal Law attorney. Do not post any more on a public website. As the step parent, if you are aware of sexual abuse, you could be exposed to a number of kinds of problems, unless you take actions to stop the abuse, which may include reporting the brother to the... Read more »

2 Answers | Asked in Criminal Law for California on
Q: was arrested for abscounding and possession of a controlled substance what will I expect & will I go to jail its arrange

It's my arrangement

Dale S. Gribow
Dale S. Gribow answered on Mar 19, 2021

there are many factors needed.

what court; DA?

prior record?

what substance? how much?

your court appointed attorney at your arraignment will be in the best position to guide you on this.

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1 Answer | Asked in Criminal Law for California on
Q: If I have a felony case, is it normal to be in misdemeanor department
Dale S. Gribow
Dale S. Gribow answered on Mar 18, 2021

was it filed as a felony or just arrested for a felony.

courts are different, and in some courthouses the arraignments may be in the same courtroom.

your attorney is the best person to ask that question.

2 Answers | Asked in Criminal Law for California on
Q: What are the options to avoid prison time for multiple felony probation violations during a psychotic episode in CA?

I am writing this on behalf of my partner who is currently on a 5150 hold. A couple nights ago he had a psychotic breakdown and crashed his car and broke into a church. He had been drinking at the time. I most of the ordeal filmed and he is clearly having a schizophrenic episode. Talking to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 18, 2021

if he was arrested and is going to court he will be appointed a public defender if he can't afford his own lawyer.

that attorney will have all the info in front of them and can take the necessary steps to get him help.

It sounds like he needs professional help and not prison.

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1 Answer | Asked in Criminal Law and Tax Law for California on
Q: My ex spouse used my social security number on her 1099s. What can I do?

My ex spouse receives payments from a company that pays both of us. I just learned that she used my social security number for her payments. We are currently in court for another matter. Through discovery I was able to see years of her 1099s. All of hers have my social security number instead of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 18, 2021

if you are in court you must have a lawyer.

direct that question to him/her.

if you have kids, you probably want to consider carefully whether you want any potential criminal action against her.

2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer but I’m not even sure of what kind

the situation is and I’ve been charged with financial Elder abuse I have also been charged with GTA for driving my grandpa’s truck is it always have as well as a restraining order against me the underlying issue however is I have a cousin who is threatened by myself and my children were in we... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 18, 2021

A good criminal defense lawyer. If you cannot afford one, a public defender will be appointed to represent you in the criminal court.

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2 Answers | Asked in Criminal Law for California on
Q: I have search and seizure can officer just come up to me and search me at any time without probable cause

I was sitting in my vehicle talking on my phone and a Sheriff officer came up to me proceeded to tell me that I had search and seizure and to step out of my vehicle I've never met the Sheriff before and he's never id'd me so how would he know that I had search and seizure and is that legal

Alison Lee Bermant
Alison Lee Bermant answered on Mar 18, 2021

Valid search terms allow an officer to search an individual any time, any where, with or without cause. If the officer ran your license plate and you matched the description of the registered owner that could be valid. Whether or not that happened would be an issue to look further into.

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3 Answers | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Rights for California on
Q: Hello I'm Dilling with a big problem I really just need a fast answer I was arresteded by 2 deactivate whn they stopped

Me They took my bonds. i got a hold of them whn I brought my car I've had now for about 10mons. now.how can I go about ths please help me

Dale S. Gribow
Dale S. Gribow answered on Mar 17, 2021

sorry, i don't understand your question

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3 Answers | Asked in Criminal Law for California on
Q: What if the drugs were found in a common area with 2 people in a cell?
Dale S. Gribow
Dale S. Gribow answered on Mar 17, 2021

a lawyer would have to hear all the facts to make an intelligent evaluation.

However, the DA would probably argue constructive possession, as they clearly were within the control of either of the people in the cell. You will not be charged with ownership but rather possession.

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2 Answers | Asked in Criminal Law for California on
Q: If a persiding judge of a court recuses himself from a case,is the court supposed to notify the committee
David Michael Lehr
David Michael Lehr answered on Mar 16, 2021

No. It happens often. The judge could have represented one of the parties in the past.

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1 Answer | Asked in Criminal Law for California on
Q: I’m being targeted by military veterans and I’m positive that I’ve been implanted without my knowledge. What can I do?
David Michael Lehr
David Michael Lehr answered on Mar 15, 2021

Talk to a doctor, not a lawyer. See if the doctor can remove the implant. If not, check to see if you are okay. We are all under stress during the pandemic.

1 Answer | Asked in Criminal Law for California on
Q: If I had pc 12020 A posession of an illegal firearm reduced to a misdemeanor through a 17b motion, then expunged

Would that restore gun rights? New pc is 33215? Shortbarrelled rifles and shotguns

David Michael Lehr
David Michael Lehr answered on Mar 15, 2021

If it was reduced at the first sentencing, then yes. If not, federally the answer is no.

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