Get free answers to your Criminal Law legal questions from lawyers in your area.
My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.
Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting... View More
He invades my privacy and constantly harasses and threatens me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
In California, if you are facing harassment and death threats from a neighbor, it is important to take immediate action for your safety. Start by documenting every incident of harassment and threat, including dates, times, and any witnesses. This documentation can be crucial in legal proceedings.... View More
A friend asked to borrow my car to run to Walmart, I said sure assuming it was a 1-2 hour errand. I never physically handed them the keys; they took them from the counter and left. The next morning, they were not back with the car, and I called them to immediately request the car back. At this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
Based on the details provided, there could potentially be a few issues here legally:
1. Failure to return borrowed property (the car) in a timely manner - Your friend agreed to borrow the car for an errand, which implies a short duration. By keeping it for 3 days without permission after... View More
If they are dropped fought against and etcetera how do you go about it if so
Can I please get some help on direction because even though I did fight them in court it still shows up and I still get judged and sometimes It makes me feel as if I was automatically convicted of those crimes even... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
If you are in California and have had a criminal case dismissed, but it still appears on your Department of Justice records, there are steps you can take to address this issue. First, consider filing a petition for a factual innocence motion, also known as a Penal Code 851.8 PC motion, if you... View More
I want to get paid for what they did. How much can I get from them ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
If you've been injured by a police officer during the execution of a search warrant, your ability to receive compensation depends on several factors. Firstly, it's crucial to establish if the officer's actions were unlawful or involved excessive force.
Documenting your... View More
After being released from county jail I completed my probation and paid all fees. Since then I had no other contact with law enforcement or criminal matters. In 2015 I had one of the cases reduced via 17b but the case was not expunged. In July of 2022, I returned to court and successfully had that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
Under California law, having a felony conviction reduced to a misdemeanor under Penal Code section 17(b) and subsequently expunged under Penal Code section 1203.4 can indeed impact your gun rights. However, it's important to understand the specific nuances of how these legal actions interact... View More
2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
In the case of Navarette v. California, the U.S. Supreme Court held that a traffic stop based on an anonymous tip can be valid, even if the reporting party did not directly witness a criminal activity. The key factor is whether the tip creates reasonable suspicion of criminal activity to justify... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Under United States federal law, it is generally illegal for someone to open mail that is not addressed to them without permission. This is outlined in the Federal Mail Tampering Laws. If you specifically instructed your mom not to open certain types of your mail and she does so anyway, it can be... View More
bounty hunters came into home without an actual warrant, wouldn't identify themselves just kept stating that they had a warrant. They damaged my home used physical violence on my husband and myself without need to. we just wanted to know who they were. At some point they insinuated that they... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
Under California law, the conduct of bail bond agents (or bounty hunters) is subject to certain legal constraints. While they do have the authority to apprehend individuals who have skipped bail, they must operate within the law. They are typically allowed to enter a property without a warrant if... View More
I didn't have the finances,at the time. But they wrote down, my wife's info.,name,b-day, etc. She was billed without me paying for services Is that possible? She wasn't O.R.'d, She didn't make any syipulations with the judge. Our concerns are getting we arrested, because... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
In California, if your wife was bailed out without your paying the bail bondsman, it's important to clarify who paid the bail. Bail bondsmen typically require payment for their services, usually a percentage of the total bail amount, before they post bail for someone. If you did not pay the... View More
This is the response I got from a lawyer: Under California law, the charge of felony fleeing to avoid prosecution typically requires an intent to evade the legal process in a more substantial manner than merely moving within the same county. For a misdemeanor bench warrant, like one for trespassing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
Under California law, the use of terms like "generally" and "typically" in legal advice indicates that there are common patterns or norms, but exceptions can occur. In the context of your situation, it implies that moving to a different city within the same county doesn't... View More
i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024
If you have evidence of falsified information in reports and your signature being forged, it’s crucial to take immediate legal action. First, gather all your evidence, including the forged documents, the recordings, and any other relevant materials that support your claims.
You should... View More
i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More
answered on Jan 25, 2024
If you have evidence of falsified information in a report that led to your children being removed from your care, and evidence of your signature being forged for mail redirection, it's crucial to take immediate and organized legal action. Here are the steps you should consider:... View More
Can you be charged with a felony fleeing to avoid prosecution, if you move to another city in the same county, where there is a misdemeanor bench warrant for a tresspassing on railroads charge for you? I am in Los Angeles metro, and want to move somewhere else in Los Angeles county, such as East LA... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
Under California law, the charge of felony fleeing to avoid prosecution typically requires an intent to evade the legal process in a more substantial manner than merely moving within the same county. For a misdemeanor bench warrant, like one for trespassing on railroads, moving to a different city... View More
I was in custody live in unit c cops searched both other units is this legal
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
No, if the police had a warrant to search only your unit (Unit C) of the triplex home, they generally cannot legally search the other two units occupied by family members unless certain exceptions apply.
A search warrant allows police to search only the specific areas and persons named in... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
answered on Jan 24, 2024
If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
Car was stopped due to speeding. Driver on parole was searched and had drugs on them
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
Under California law, the rights of a passenger in a vehicle during a parole search can be complex. Generally, if you're a passenger in a vehicle and not on parole yourself, you have constitutional protections against unreasonable searches and seizures. This means that without probable cause... View More
My soon-to-be-ex stole property from my home [in contention].
Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More
answered on Jan 24, 2024
Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.
If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the... View More
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.
