Get free answers to your Criminal Law legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
Under California law, grand theft occurs when the value of stolen property exceeds $950. Since the estimated value in your case is around $7500, it would likely be classified as grand theft. This is a serious offense that can be charged as either a misdemeanor or a felony, depending on the... View More
I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More
I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More
Our court case was placed under continuance (civil harassment restraining order). Our neighbors notified our landlord and put in their response to our filing that they will be moving on February 7th. Our new court date was moved to February 13th, which is after their move out date. If we wait to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
Under California law, the question of attorney fees in a civil harassment case can be somewhat complex. Generally, in civil cases, each party bears their own attorney fees unless there is a specific statute or contract that provides otherwise. In civil harassment cases, the court has the discretion... View More
U.S. Supreme Court ruled 6–3 that "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home. United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, possession of a concealed firearm and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In California, despite the ruling in New York State Rifle & Pistol Association, Inc. v. Bruen by the U.S. Supreme Court, which emphasized the right to carry a handgun for self-defense outside the home, the state still requires individuals to obtain a concealed carry weapon (CCW) permit to... View More
Also, how would a person know for a fact that there may or may not have a strike on their record with a felony conviction with a firearm. No court documents or penal codes state so.
How can I find out for certain?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In the San Jose area, you can seek legal advice and clarification on past criminal cases from law firms that handle criminal defense. Many of these firms offer consultations where you can discuss the specifics of your case and get professional guidance.
To find out if there is a strike on... View More
my old friend borrowed my switch which i said he could until he finished the game. he let his daughter play on it but then i later found out he ended up selling my nintendo switch to buy alcohol (he’s known for being an alcoholic within his family/friends). i got that switch for $250 and owned... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Under California law, the unauthorized sale of property that has been entrusted to someone else for a specific purpose can potentially be considered theft. In your case, since you lent the Nintendo Switch to your friend with the understanding that it would be returned after use, and instead he sold... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
answered on Jan 21, 2024
You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More
My son spent nearly 5 years in County Jail, but received only 328 days of credit as part of a plea bargain. The ONLY reason he accepted that is because his Attorney, who has since retired, told both my Son, and I, that he would receive those credits after he transferred to State Prison.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Credit for time served is typically calculated from the period of incarceration before sentencing. If your son was in county jail for nearly 5 years but was only credited for 328 days as part of a plea bargain, it's important to understand the specific terms of that plea agreement. Plea... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
answered on Jan 20, 2024
Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024
Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also... View More
I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he... View More
answered on Jan 20, 2024
You might have a claim against the former boyfriend, but likely do not have a meritorious claim against the employer.
Before you consider any claims against the employer it would be a very good idea for you to reach out to an employment law attorney to discuss the specifics of your... View More
I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he... View More
answered on Jan 20, 2024
Your employer has to provide a work place free from sexual harassment, discrimination and violence. What you describe, though, is your own violation of another's property, which led to violence. In other words, you caused it. Your employer was within its rights to terminate your employment,... View More
I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024
Under California law, if you were terminated while the coworker who assaulted you was not, there might be grounds for a wrongful termination lawsuit, particularly if you believe the termination was due to gender discrimination or retaliation. California is an at-will employment state, but there are... View More
How can I find a pro Bono in California that will take my case. And not a public defender
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
If you believe a police officer conducted an illegal search and seizure that led to criminal charges against you, it's important to address this matter promptly. You should consider contacting an attorney who can evaluate the specifics of your case and guide you on how to challenge the search... View More
But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
In California, if you were detained but not formally arrested and no charges were filed against you, and you contacted a bail bond company for assistance, the situation regarding a refund depends on the terms and conditions of the bail bond service. Typically, bail bond companies charge a... View More
But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
In California, if you were detained but not arrested, and no charges were filed against you, it's uncommon to post bail since bail is typically associated with formal charges. If you contacted a bail bondsman and paid for a bail bond despite not being formally arrested or charged, you may have... View More
I received A very good and detailed response to an earlier question regarding the rights someone has as it pertains to arraignment timeframes. My boyfriend has been in custody for 5 days and has not been arraigned as of yet. I was informed of his need to contact the public defenders office and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
Under California law, once a public defender is notified of a delay in arraignment, they should act promptly to address the issue. However, there is no specific timeframe mandated for their response in court. It varies based on the court's schedule, the public defender's workload, and... View More
My boyfriend was arrested for leaving a burn on my face. I did not initiate the initial call .but did speak with the police out of pressure from my employer. He was not arrested the day of the incident but rather 8 months later and is currently being held in another county where he lives . He has A... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Hi there! Happy Thursday.
Based on the situation you described, here are some key points about your boyfriend's rights and next steps:
- Arraignment Timeframes: Most states require that defendants be taken before a judge/magistrate for arraignment within 48-72 hours of arrest.... 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.
