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California Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Contracts for California on
Q: where can I find a civil rights attorney for disabled seniors The offences are HUD fraud, civil rights violations, APS

CA elder abuse law guarantees the attorney fees

James L. Arrasmith
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answered on Jan 18, 2024

Here are a few suggestions for finding a civil rights attorney to assist with disabilities issues for seniors:

- Contact your local chapter of the AARP. They may be able to provide a referral to attorneys who specialize in elder rights and civil rights issues.

- Search online legal...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for California on
Q: In California, do I have to open the door for my probation officer, who knocks legally, is it a violation of the law not

Or can I say I wasn't home?

James L. Arrasmith
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answered on Jan 18, 2024

In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More

1 Answer | Asked in Criminal Law for California on
Q: How much does it typically cost (ballpark) to hire a lawyer to find out about potential arrest warrants?
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answered on Jan 18, 2024

The cost of hiring a lawyer in California to inquire about potential arrest warrants can vary widely based on several factors. These include the complexity of the case, the lawyer's experience and expertise, and the geographical location. Typically, attorneys charge either a flat fee or an... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for California on
Q: I own a property 50/50 We already signed docs for the sale of the property but domestic violence was involved Jan 14

I don’t want to sell as I do not have a place to move to - escrow was opened yesterday. I own the house 50/50 with who back then was my finance and now my husband

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, if you have already signed documents agreeing to the sale of the property, this generally indicates a binding contract. However, since you own the property 50/50 with your husband, both parties typically need to agree to proceed with the sale. If circumstances have changed,... View More

2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Business Law for California on
Q: Q: Is paying an ex girlfriend annual salary without working, thru your family Corp. without other owners knowing legal?

I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More

Neil Pedersen
Neil Pedersen
answered on Jan 18, 2024

There are several issues raised by this practice. However you have no standing to do anything about it, and your sibling is equally implicated by any unlawful conduct, meaning she does not have a remedy. The worst case scenario is that your sibling gets sued for defrauding the other owners,... View More

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2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Business Law for California on
Q: Q: Is paying an ex girlfriend annual salary without working, thru your family Corp. without other owners knowing legal?

I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More

James L. Arrasmith
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answered on Jan 18, 2024

In this scenario, several legal issues are raised, including potential tax fraud and employment law violations. Paying someone a salary for a position they are not actively working in can be problematic, especially if it's done to conceal other motives like tax evasion or hush money. If the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Probate for California on
Q: What does it mean when someone in prison gets served with papers with your name on it and they cell get searched

and then they mom call your father saying you did it all and shes going to pray something happens to you and what can you do about this other family are tag teaming together the police will not help I'm stuck and confused on what to do people saying I'm going to die for telling on someone... View More

James L. Arrasmith
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answered on Jan 18, 2024

I'm very sorry to hear you are in this difficult and threatening situation. Here are some options I would recommend considering:

- Contact the prison authorities directly and notify them about the threats and harassment coming from the inmate and their family towards you. The prison...
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1 Answer | Asked in Criminal Law for California on
Q: How can I find out if there is a warrant for my arrest and if so if it's a misdemeanor or felony warrant?

I would like to fly within the states and need to know if I'm clear to fly or not.

James L. Arrasmith
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answered on Jan 17, 2024

Under California law, to determine if there's a warrant for your arrest, you should first consider contacting your local police department. They can inform you if there is an active warrant in their jurisdiction. However, remember that this approach might lead to immediate legal consequences... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Could simply living at your residence with a misdemeanor warrant cause it to escalate to a felony fleeing?
James L. Arrasmith
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answered on Jan 16, 2024

In California, merely living at your residence with an outstanding misdemeanor warrant does not in itself constitute felony fleeing. A felony charge for fleeing or evading law enforcement typically requires an active effort to avoid arrest, such as fleeing from police or actively hiding to evade... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Can a person with a misdemeanor warrant for missing a court date be charged with a felony fleeing to avoid prosecution?
James L. Arrasmith
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answered on Jan 16, 2024

In California, simply having a misdemeanor warrant for missing a court date does not automatically lead to a charge of felony fleeing to avoid prosecution. A misdemeanor warrant typically signifies that you need to appear in court for a specific issue. Failing to appear results in a warrant for... View More

1 Answer | Asked in Criminal Law for California on
Q: can i obtain a lawyer still even though my next court date is a pre trial one?

i would like to hire a lawyer because my public deffender is not doing his best possible job for me.

James L. Arrasmith
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answered on Jan 16, 2024

In California, you have the right to change your legal representation at any stage of the court proceedings, including before a pre-trial hearing. If you feel your public defender is not adequately representing you, it's within your rights to hire a private attorney.

However,...
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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Would just living at your house with a misdemeanor bench warrant for trespassing on railroad lands be considered hiding?

Would it become a felony fleeing to avoid prosecution and cause SSI to be suspended?

James L. Arrasmith
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answered on Jan 16, 2024

In your situation, simply residing at your home with a misdemeanor bench warrant for trespassing on railroad property would not typically be classified as "hiding" in the legal sense. "Hiding" usually implies taking active steps to avoid detection by law enforcement, which is... View More

1 Answer | Asked in Criminal Law for California on
Q: What is considered fleeing when you have a bench warrant for a failure to appear on a misdemeanor?
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answered on Jan 16, 2024

In California, a bench warrant issued for failure to appear on a misdemeanor charge can lead to considerations of fleeing, but the term "fleeing" has specific connotations. Fleeing, in a legal context, implies a deliberate attempt to avoid legal responsibility or evade law enforcement.... View More

1 Answer | Asked in Criminal Law for California on
Q: Can police tow my vehicle for being involved in a police pursuit 3 hours after the pursuit is over

I was not aware of the pursuit. My vehicle was stolen and I was able to locate my vehicle through GPS. This was all Within 3 hours time frame.

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answered on Jan 16, 2024

In the United States, police have the authority to tow vehicles involved in criminal activities, including those used in police pursuits. This can occur even hours after the incident, particularly if the vehicle is considered evidence or if there's a risk of it being used in further illegal... View More

1 Answer | Asked in Criminal Law for California on
Q: My boyfriend is in jail and on 01/12/2024 he had court and I check Lasd inmate search and I see Disp Code ORDS

What does it mean Disp code ORDS and from a felony they lower to misd son when will he be release

James L. Arrasmith
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answered on Jan 15, 2024

Under California law, the abbreviation "ORDS" on an inmate search, especially following a court appearance, generally indicates an "Order for Release." This suggests that the court has issued an order for the release of the inmate. This can occur for various reasons, such as a... View More

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for California on
Q: My dad died 1 year ago. Yesterday, I found 5 guns that no one knew he owned, not in trust. Can I transfer?

Mother doesn't want them in her house. Can I take possession?

There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.

Family friend who is a police officer has taken posesssion and... View More

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answered on Jan 14, 2024

Based on the details provided, here are a few key considerations for transferring those firearms in California:

- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive....
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1 Answer | Asked in Criminal Law for California on
Q: If your plea deal is reversed after the sentencing phase is over and you're doing time. If reversed to misdemeanor.

Can the district attorney office bring up new charges if the victim gave a note at sentencing with new info that wasn't in the police report

James L. Arrasmith
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answered on Jan 14, 2024

In California, once a plea deal is accepted and the sentencing phase is concluded, the case is typically considered resolved. However, if your plea deal is later reversed and the conviction is downgraded to a misdemeanor, the situation becomes more complex.

Regarding the introduction of new...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Federal Crimes for California on
Q: What do I do when someone is withholding my mail? It's been since August of last 2023 is when dojca told me .

I have been contacted it's a copy of my criminal history who do you contact for legal action for this

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answered on Jan 14, 2024

If your mail, including a copy of your criminal history, is being withheld, it's essential to address this promptly. In California, intentionally withholding someone's mail is against the law.

Firstly, contact the United States Postal Service (USPS). They have a system for...
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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for California on
Q: Can I request a criminal case to be re-reviewed or opened again, how do I find out what the status is?

My father lived in San Bernardino, his caretaker had a POA for about 6 months before his death. Two weeks before my father's death she had him sign over a joint tenancy on his house. My father's death was declared dementia/Alzheimer's. After his death, she withdrew $365,000 from his... View More

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answered on Jan 13, 2024

Under California law, you can request a criminal case to be reviewed or reopened. If you believe the initial investigation was not thorough or if new evidence has emerged, you can contact the San Bernardino Police Department or the District Attorney's office to discuss the case and request a... View More

1 Answer | Asked in Criminal Law for California on
Q: Retrieving firearms from LA County Sheriffs.

The sheriffs confiscated my firearms during a search warrant for my roommate. They charged him as a drug addict in possession of firearms, for my guns, which were kept in a locked trunk my roommate could not access. They subsequently dropped the charges against my roommate. How can I retrieve my... View More

James L. Arrasmith
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answered on Jan 13, 2024

Based on the situation you described, here are the typical next steps to retrieve your firearms from the Los Angeles County Sheriff's Department:

1. Contact the detective or unit that originally seized the firearms. Explain that the charges against your roommate have been dropped and...
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