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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: I know I can't own a gun as a felon , but what about parts of a gun or for a gun. Reason being I do a lot of painting.

I often get requests to hydro dip parts of firearms like the grips or slide just small parts never the whole thing !

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

IMO grips, probably ok, receiver, barrel- no. I would think a guideline is can you put a cartridge into what ever parts you have. I will tell you that BATF guidelines are very strict about what constitutes a firearm, and the parts could be a firearm. It may be in your best interest to turn down... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: What will happen if someone over 18 receives typing of abuse/neglect of a minor from someone they don't know with 0 proo

So lets say someone over 18 in the U.S. on discord receives a typing and writing of a story containing possible abuse/neglect of a minor/someone under 18 in the U.S. in discord chat, and the person over 18 has never met this person in real life before, and doesn't know this person in real... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2020

more info needed.

don't go to the police to see what will happen WITHOUT A LAWYER.

make an appt for a free consultation with a criminal lawyer in your area if you are concerned about criminal exposure.

if you are concerned about defamation of character (Libel) then you...
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1 Answer | Asked in Criminal Law for California on
Q: I was written a citation for FGC 2016 in CA, what is the fine for this. Or what could happen. Thank you
Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2020

more info needed.

i assume this is what you did.

were you given a date to appear and didn't do so? if so you have a bench warrant for your arrest in addition to the underlying charge and it is more serious now.

do you have a clean record?

all these are factors...
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1 Answer | Asked in Criminal Law for California on
Q: if i was not subpoenaed, do i have to testify as a witness in a prelim?

none

Dale S. Gribow
Dale S. Gribow answered on Oct 15, 2020

more info would be helpful.

however, if not served, then they have not requested your appearance properly..........

but they can still serve you...i suspect

1 Answer | Asked in Criminal Law and Sexual Harassment for California on
Q: What are my options against a professor for sexual advancement?

At my university, there is a biochemistry professor who has been stalking me for many years and chose me because I was naive and was a homeschool, study student. I do not like this biochemistry professor. I want this to stop and do not want to see this. This professor holds a higher position and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 15, 2020

Sexual harassment in Education is prohibited by law. Your post comes from IL, not CA, SH is prohibited by Federal law. First you should seek legal advice from a local attorney that specializes in cases involving Sexual Harassment, possibly employment (same laws) or Civil Rights. You should write... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: The officer in my case has been previously charged with a felony animal cruelty. What's next

I am fighting a misdemeanor possession charge and the arresting officer in my case assaulted me prior to sear ching me in finding the contraband. I have filed a motion to suppress evidence on the ground that he violated my Fourth Amendment right what other motions can I file to get this... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 15, 2020

You should ask the court to appoint a lawyer for you if you cannot afford one.

This should have been offered you at the very outset of your criminal case. If you already have a lawyer appointed for you, s/he is the one you should contact for help.

1 Answer | Asked in Criminal Law for California on
Q: I would like to know if the Ma. S.O.L. for misdemeanors has always been 6yrs ? I thought it was 6 mos or a yr in 1980s ?
Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2020

what is Ma? Massachusetts?

i doubt if any state would have 6 months and would suspect most would be more than 1 year.

more info needed.

you should write out a summary and make an appt for a free consultation with a local criminal lawyer.

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Where could I get help with a lawyer am on a fixed income am in the 209 area
Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

There are Traffic Ticket attorneys in your area, or you could contact Patricia Wagner in Orange County for a referral to an attorney in your area. Naturally, I cannot speak to the billing practices of others, but you may be able to make payments over time for the services. The earlier you retain... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: I did a hit and run because I had no license but after they found my I wasn't arrested but my insurance paid for it

All damages to the car were paid and no one was hurt

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2020

more info needed.

technically and hit and run is a hit (T/A) and then you run

it makes no difference if someone is hurt..........you broke the law.

i would suggest you see a good criminal lawyer in your area asap.

that way the lawyer can advise the police that s/he...
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2 Answers | Asked in Criminal Law for California on
Q: During Voir Dire, can I get in trouble if I admit to something illegal that would make me a biased juror?

I am particularly concerned because I was excused from a criminal case involving drug possession. I admitted I was previously involved in illegal drug possession although I was never arrested nor charged in that. At the moment I knew it was in the best interest of the court and I was being... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Oct 14, 2020

No, you have nothing to worry about. In fact, being truthful is what the entire process of Voir Dire is about so you did the right thing. Also, you can't be convicted based on just your own words; they need other evidence.

Thanks for participating in the jury process!

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Do you think I'll have to do jail time

For my hit and run ?

John Rafferty
John Rafferty answered on Oct 14, 2020

It's very important you hire an attorney right away to discuss this matter. It's possible that a hit and run can result in jail time, but much depends on how early an attorney gets involved.

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2 Answers | Asked in Traffic Tickets and Criminal Law for California on
Q: I have a hit and run while driving on suspended license I completed my classes

I also didn't get any letter from the court because they mailed my letter somewhere else no I have a warrant I went to the court house and file to be on the court calendar I have court the 27 of oct.

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

Go to court on October 27 for your court date or you will have an additional $300 civil assessment on your record and your license will be suspended again.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: I have a question about Roe v Wade.

As I understand it, Roe v Wade found that the Texas law was unconstitutional because it was an invasion of Roe/McCorvey’s right to privacy. Given the current state of affairs, I wonder if it couldn’t be argued on two additional constitutional rights: 1) life, liberty and the pursuit of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 13, 2020

ANY ARGUMENT CAN BE MADE AT ANY TIME FOR ANYTHING.

THE WEIGHT AND PROPRIETY OF THE ARGUMENT ARE UP TO THE JUDGE TO DECIDE.

OFTEN IT FALLS TO THE LAWYER ARGUING THE MATTER.

OFT TIMES ONE LAWYER IS MORE PERSUASIVE THAN THE OTHER...AND THAT CONVINCES THE TRIER OF FACT.

2 Answers | Asked in Criminal Law, Personal Injury and Federal Crimes for California on
Q: I have a case started in federal court I need help prepairing my case how do I get that. Who can I ask to help me
Dale S. Gribow
Dale S. Gribow answered on Oct 13, 2020

I AM NOT A FEDERAL LAWYER, BUT IF IT IS A CRIMINAL MATTER, THE COURT WILL APPOINT A FEDERAL CRIMINAL LAWYER TO DEFEND YOU.

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1 Answer | Asked in Criminal Law for California on
Q: I just want to ask why on my misdemeanor (PC550-B-2) dismissal letter in CA that i am not permitted to own a firearm.
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 12, 2020

Penal Code section 29805 lists the misdemeanors that result in a 10 year ban on firearms, and 550 (b)(2) isn't one of them. It appears that either you were in fact convicted of the felony, or a clerk has checked the wrong box, indicating you were. Contact your lawyer to get that straightened... Read more »

1 Answer | Asked in Criminal Law for California on
Q: I want to know if I have the charges 245(a)(1), 417(a)(1) and 242 PC, can I ask for house arrest?

My record is clean, the victim don't have any lesions and the report is 19NF3336, and the lawyer said I can't get the house arrest, they're offering 45 days in jail and 3 year's of informal probation also I made volunteer class of anger management.

Dale S. Gribow
Dale S. Gribow answered on Oct 9, 2020

more info needed.

it depends... on your record? facts of the case? who the judge and DA are? injury to victim????

1 Answer | Asked in Criminal Law for California on
Q: I was subpoenaed to court later this month as a "victim" in an A.W.D.W. case. I don't want anything to do w/it as I now

Know was a total misunderstanding. I was not physically hit or harmed by the defendant. I I was more "freaked out" by what happened more than anything. As I was having an anxiety attack and couldn't gain composure a witness was involved that has ill feelings towards the defendant and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 8, 2020

MORE INFO NEEDED

IT DEPENDS ON WHAT YOU TOLD POLICE.

THE VICTIM IS THE PEOPLE OF THE STATE OF CALIFORNIA

IF POSSIBLE YOU SHOULD GET A LAWYER WHO SHOULD WORK WITH THE D'S LAWYER TO ADVISE THE DA OF YOUR POSITION...........

1 Answer | Asked in Criminal Law for California on
Q: Can a person be convicted of mayhem if he threw a flashlight at someone ,that made about a1/4 inch split on their ear
Maurice Mandel II
Maurice Mandel II answered on Oct 7, 2020

Yes they could, and other crimes against the person as well.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law for California on
Q: Took a plea deal went back to court for sentencing and instead of getting out in a few days I’m getting 4 yrs in prison

My fiancé got arrested on July 13 for domestic violence and is doing a violation of probation, he took a plea deal and he went back for sentencing. But instead of getting out 10/11/2020, there trying to give him 4 years in prison and it’s his first violation. And his public defense lawyer... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2020

more info needed.

did he plead straight up or part of a plea deal?

if he had a deal he can move to enforce it.

if the deal was 6 months to 5 years and he got 4 years, that is what the DA convinced the judge to impose or what the judge wanted to do.

1 Answer | Asked in Criminal Law for California on
Q: Can i request that the court forward or file perjury charges if i have proven someone filed false allegations.

how do i get the courts to make the petitioner be held accountable for filing and falsifying court documents. I am told lying is acceptable by most courts but it has been proven that there was over 11 false allegations on the court documents the petitioner filed. Is there anyway to have them held... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2020

more info needed.

you can request anything. However, the correct procedure is to usually present a crime to the police and they submit to DA.

proving something is false usually happens at the trial level.

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