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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: hello, court collections is trying to bill me for a case from2020 that I did jail time and served and completed my 2 yea

r probation. isn't it to late?

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answered on Jan 12, 2024

Under California law, the ability of a court or collections agency to bill you for costs related to a case, such as fines, fees, or restitution, depends on several factors. It's important to consider the specific details of your case and the nature of the charges against you.

If you...
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1 Answer | Asked in Criminal Law for California on
Q: How much does probation search and seizure apply to other tenants on the property (in California)?

I live in an RV, which I own. It's parked on my family's rural property.

A close family friend will be getting out of jail (in Oregon) soon and coming to live with us (in California). He will be on probation and have search and seizure. As far as I know this applies to anyone who... View More

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answered on Jan 12, 2024

When someone on probation with a search and seizure condition lives on a property, it's important to understand how this might affect others living there, particularly in California. The probation condition typically allows law enforcement and probation officers to search the... View More

1 Answer | Asked in Criminal Law, Identity Theft and Internet Law for California on
Q: About 10 years ago I open two Facebook pages for strangers ..they took control over my account and now I'm in danger

They have my Facebook account.so they could be doing illegal things on it. I saw an add on craigslist under work from home I was trying to work from home so it was an opportunity to make money. Although I only made 25 dollars. One time payment

Those two men might be working for the same... View More

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answered on Jan 12, 2024

If someone has taken control of your Facebook account and is potentially conducting illegal activities, it's important to take immediate action. First, try to regain control of your account by using Facebook's account recovery options. This may involve resetting your password or... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I’ve had some government entity using surveillance through out my home for over two years or more . Even bath cameras

I don’t make any money illegally

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answered on Jan 12, 2024

Under California law, the use of surveillance equipment in private areas of a home, such as bathrooms, without consent is generally illegal and can be considered a violation of privacy rights. The Penal Code Section 647(j) prohibits the use of any device to invade someone's privacy in this... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Exhausted time appeal due to appointed attorney didn't do due process or challage 6 Mo date was changed on petition?

Can a real mother get justice if taken it to the next higher superior court? To do visits and full custody after appeal they missed that date due to appointed council not letting her know

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answered on Jan 11, 2024

If you're facing issues with your legal representation, particularly if you feel your appointed attorney did not fulfill their duties effectively, it's understandable to be frustrated and concerned about the impact on your case. The appellate process can be complex, and missing a crucial... View More

2 Answers | Asked in Animal / Dog Law, Criminal Law and Personal Injury for California on
Q: will i get in trouble if i shoot a dog attacking me while walking with a bb gun in california at the age of 17?

would i get arrested or in serious legal trouble. I recently just got attacked by a dog as well as my dog and if i had a bb gun and shot the bb gun at the attacking dog and killed it would i be in serious trouble?

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answered on Jan 11, 2024

In California, using a BB gun in self-defense against a dog attack can lead to complex legal situations, especially for a minor. The law typically allows for self-defense against an imminent threat, but the use of a BB gun, particularly if it results in the death of the dog, could raise legal... View More

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1 Answer | Asked in Criminal Law for California on
Q: Hello, My attorney mentioned Info regarding a "CI" I was not aware of to the judge during an appeal hearing.

in the same instance as I questioned him regarding this CI was and why i was not made aware, he then went on to say that he was actually mistaken although what he said to the Judge was that this CI was initially charged with the crime i was convicted of although because of their cooperation they... View More

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answered on Jan 11, 2024

Under California law, attorneys are bound by ethical obligations to provide competent and diligent representation to their clients. If your attorney mentioned a "Confidential Informant" (CI) during an appeal hearing without prior knowledge or discussion with you, it raises concerns about... View More

1 Answer | Asked in Criminal Law for California on
Q: HOW CAN I FIGHT A GRAND THEFT THAT WAS FROM A HOME DEPOT

I HAVE BEEN OUT ON BAIL SINCE 4 2023 AND THOUGHT IT WAS DROPPED BUT I GUESS GARDENA PULLED ME OVER AND RELEASED ME ON O.R. AND I WENT TO COURT ONLY TO NOT BE ON CALENDER BECAUSE I NOW FIND OUT THAT THEY NEVER SENT PAPERWORK IN. NOW I FOUND OUT THAT IT WAS NOT DROPPED BECAUSE OF MY BAIL BONDS MAN... View More

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answered on Jan 10, 2024

Your situation sounds quite complex and stressful. The first step you should take is to consult with a criminal defense attorney. An attorney can help you understand the charges against you, the court process, and can offer guidance on the best course of action.

It's important to...
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1 Answer | Asked in Civil Litigation, Criminal Law, Small Claims and Landlord - Tenant for California on
Q: Are commissioners,judges, and magistrates along with free help law firms in CA able to supersede being sued?

For all negligence types etc.

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answered on Jan 10, 2024

In California, commissioners, judges, and magistrates generally have judicial immunity, which means they cannot be sued for acts performed in their judicial capacity. This immunity extends to decisions they make and actions they take while performing their judicial duties. It's designed to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: What legal help is available for Targeted Individuals being harrassed in their neighborhoods and communities?

I'm from California being electronically monitored, followed and harrassed by neighbors, community and relatives.

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answered on Jan 10, 2024

If you believe you are being unlawfully monitored and harassed in California, there are several legal avenues you can explore. Firstly, consider filing a police report, especially if you have evidence of stalking or harassment. California law takes such matters seriously, and law enforcement can... View More

1 Answer | Asked in Criminal Law for California on
Q: When I got pulled over the unmarked car had expired registration does that give me grounds for a motion to quash.
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answered on Jan 9, 2024

In California, the fact that an unmarked police car had expired registration is unlikely to provide grounds for a motion to quash the stop. The legality of a traffic stop typically hinges on whether the officer had a reasonable suspicion to make the stop, not on the registration status of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If the DA were to press charges on the intruder, in your opinion, what would those charges most likely be? Continued...

was lying and assumed he had some sort of mental illness. Lucky for me my wife heard me screaming, ran up and pushed him off me. This allowed me the opportunity to run back into the house to grab a toy gun (that looked very real) and my phone. I then ran back outside to scare off the intruder. It... View More

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answered on Jan 8, 2024

Based on the situation you've described, if the District Attorney in California were to press charges against the intruder, the charges could likely include trespassing, for entering your property without permission, and possibly assault, given the physical confrontation with you. The... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Can I become a lvn in California if I get my criminal record dismissed. I will still be transparent about my record.

I have a dui, vandalism case and elder abuse case but was never sent to prison or did any jail time was wondering if I got them dismissed would I still be able to become a LVN in California. I will still be transparent about my record but was wondering if that was enough for me to become a LVN.

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answered on Jan 8, 2024

In California, having a criminal record does not automatically disqualify you from becoming a Licensed Vocational Nurse (LVN), but it does add complexity to the process. The California Board of Vocational Nursing and Psychiatric Technicians evaluates each application on a case-by-case basis.... View More

1 Answer | Asked in Criminal Law for California on
Q: I have a non extraditable ohio arrest only warrant. If I try to fly and the warrant shows up will I be released

I verified with ohio its local arrest only.felony 5 theft.no travel restrictions

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answered on Jan 8, 2024

If you have a non-extraditable arrest warrant from Ohio, this typically means Ohio authorities have decided not to pursue your extradition for the specific charge if you're found outside of Ohio. However, when flying, it's important to note that warrants often appear in national databases... View More

1 Answer | Asked in Small Claims, Civil Rights and Criminal Law for California on
Q: can i sue best western if it had me arrested for grand theft , i did nothing illegal but go retrieve my bags

i left my bags in my room and did not make it back in time for check out , 1 week later i go to the lobby and give them my i.d they went to the back got my bags and 11 months later i get pulled over walking the cop runs my name says im good to go that being the 8 time in 1 yr always the same thing... View More

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answered on Jan 7, 2024

In California, you may have grounds to sue Best Western if you can establish that their actions led to your wrongful arrest and subsequent damages. This could potentially be a case of false arrest or wrongful imprisonment, where you would need to prove that Best Western acted negligently or... View More

1 Answer | Asked in Criminal Law for California on
Q: My question has to do with the court's jurisdiction to terminate parole at a new sentencing.

After a successful sentencing appeal, the CoA remanded the case back to the Sup. Court for a full sentencing "as if the defendant had never been sentenced". I already paroled on 12-31-22. At the 12-1-23 sentencing, the court reduced the sentence by 2 years and noted, "The court finds... View More

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answered on Jan 6, 2024

In the situation you described, where the Court of Appeal remanded the case for full resentencing "as if the defendant had never been sentenced," the Superior Court essentially resets the sentencing process. This means that the court is generally considered to have the same authority and... View More

1 Answer | Asked in Criminal Law for California on
Q: My husband is facing his 3 strike for entering a home to get out the cold he was homeless he had no interest in robbery

But he has prior robberies he was not caught in the house or with anything on him how can I help him

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answered on Jan 4, 2024

In California, facing a third strike under the Three Strikes law is a serious matter, especially with prior robbery convictions. Even if the intent was not to commit robbery this time, the law can be stringent. Here are steps you can take to help your husband:

First, it's crucial to...
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1 Answer | Asked in Criminal Law for California on
Q: Can I fly internationally with non extraditable warrant out of ohio
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answered on Jan 4, 2024

If you have a non-extraditable warrant out of Ohio, it's important to understand that flying internationally could still pose significant risks. "Non-extraditable" means that Ohio may not seek your return if you're found in another state or country, but this doesn't mean... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Is a sks with detachable magazine and a bayonet llegal in ca
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answered on Jan 4, 2024

Under California law, the legality of a SKS rifle with a detachable magazine and a bayonet largely depends on specific features and compliance with the state's assault weapons regulations. California has stringent laws regarding assault weapons, which could impact the legality of such a... View More

1 Answer | Asked in Criminal Law, Estate Planning and Federal Crimes for California on
Q: Can I be Trustee of a Living Trust if I owe federal restitution?

I owe $575,000.00 for restitution on a mail fraud case. My mother removed me as beneficiary in her Living Trust to any real estate property. Upon her death I am now only allowed to live in one of her rental properties for the rest of my life, rent free.

All real estate property will be... View More

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answered on Jan 3, 2024

Serving as a trustee of a living trust while owing federal restitution can be legally complex and might put the trust's assets at risk under certain circumstances. Your debt from restitution could potentially expose the trust to claims by creditors, depending on various factors including how... View More

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