Not one officer went to go look at the damage, of my home, prior to even arresting me. Furthermore, I was assaulted by one of the police officers after suffering from a seizure and being taken to a hospital. I have video of the assault.
answered on Feb 27, 2024
In California, the legality of an arrest for felony vandalism hinges on the officers having probable cause to believe that a crime has been committed. Vandalism can be charged as a felony under certain circumstances, but for damage under $400, it is usually treated as a misdemeanor. If the alleged... View More
Now im on probation which I should not be on in the first place
answered on Feb 27, 2024
If you were arrested and went to prison for something you didn't do and are now on probation, you might have options under California law to reopen your case and seek a dismissal. The first step is to consult with an attorney who can evaluate the specifics of your case, including the evidence,... View More
I have 370 ACTUAL days in custody served. They gave me the high term 3 years for felon in possession of a fire arm & 8 months for a 311.11(a) to be ran consecutive. Since they revoked my probation for a dirty substance test I have been to saint john of god rehabilitation center. Then an out... View More
answered on Feb 26, 2024
In California, if you're facing the execution of a suspended sentence due to a probation violation and are seeking resentencing, you may have options under specific legal statutes designed to support rehabilitation efforts. Given your efforts towards rehabilitation, employment, and personal... View More
I recently asked a question here on Justia about whether the Police are legally obligated to investigate crimes or protect anyone! But based off what I was heard by an attorney by the name of “LegalEagle” on YouTube the Police have absolutely no legal obligation to protect anyone or investigate... View More
answered on Feb 25, 2024
The U.S. Supreme Court case of "Town of Castle Rock, Colorado v. Gonzalez (2005)" is a pivotal ruling that addresses the extent of police obligations towards individual protection under the law. In this case, Jessica Gonzales sued the town of Castle Rock for failing to enforce a... View More
Since he’s been locked up there was no case number & He already had arraignment on Friday, but after midnight is when they took the court dates off the website.
answered on Feb 25, 2024
Under California law, if your friend is in jail but there's no case number or next court date available, it could be due to several reasons. Initially, it's important to understand that the legal process involves multiple stages, starting from arrest to booking, and then to the... View More
Since he’s been locked up there was no case number & He already had arraignment on Friday, but after midnight is when they took the court dates off the website.
answered on Feb 26, 2024
Since you indicate he has had an arraignment, there should be a case number and next court date I’m not sure where you are searching. Check on Monday for an update in the system. The jail will know where he’s housed. If you call a local criminal defense attorney, they know how to find the... View More
That information or evidence that is being heard from the public are not true and that certain things definitely did not happen? Stating things as facts.
Is this not prosecutorial misconduct and tainting potential jurors??
answered on Feb 25, 2024
Under California law, District Attorneys (DAs) have a duty to ensure justice and conduct themselves in a manner that upholds the integrity of the criminal justice system. While DAs can make public statements about cases, they must do so with caution to avoid prejudicing public opinion or... View More
If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?
answered on Feb 24, 2024
Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the... View More
answered on Feb 24, 2024
In California, law enforcement officers have a duty to enforce the law and protect the public. This includes investigating crimes that have been reported to them or that they witness. When a crime is committed in their presence, police are generally expected to act to prevent harm, make arrests, or... View More
answered on Feb 24, 2024
Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More
answered on Feb 24, 2024
Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available... View More
My sister used my parents credit cards etc..
She has taken everything of theirs and is a hoarder who is trashing the house.
It is a small estate but she is taking everything, she lived there for over 20 years.
She does not work and lied to the court to put an RO on me.
answered on Feb 23, 2024
Under California law, if your sister is charged with stealing from your parents' estate, she may indeed risk losing her rights to the estate. The court may consider her actions as a breach of fiduciary duty and may revoke her rights as a beneficiary. Additionally, if she is found guilty of... View More
charged or was not the targeted crime and does the defendant have the right to be present during sentencing
answered on Feb 23, 2024
Under California law, specifically Penal Code 1437, which deals with the resentencing of defendants under certain circumstances, a sentencing judge is bound by the principle of legality, meaning they cannot sentence a defendant for a crime that was neither charged nor convicted, nor can they... View More
I know what the case is regarding, I rather not appear if I don't need to. I feel the district attorney's office is trying to trick me into thinking I need to appear when it's not a real subpoena until served in person. Thank you.
answered on Feb 22, 2024
Under California law, the method of serving a subpoena can vary depending on the circumstances of the case and the specific requirements of the court. Generally, subpoenas can be served in several ways, including by mail, as long as it meets the legal requirements for service in your jurisdiction.... View More
I know what the case is regarding, I rather not appear if I don't need to. I feel the district attorney's office is trying to trick me into thinking I need to appear when it's not a real subpoena until served in person. Thank you.
answered on Feb 22, 2024
The subpoena is real. A subpoena from a District Attorney almost always relates to a criminal case and for that reason the DA will surely continue to serve you, whether by mail or in person, until you appear in court. If you willfully refuse to appear when you’ve been served a subpoena to do... View More
He grabbed the robber gun but He shot the wrong person under the influence
answered on Feb 22, 2024
In a situation where your husband acted with the intention to protect you from harm but unfortunately ended up causing harm to someone else under distressing circumstances, several defense strategies might be applicable under the law. These defenses are designed to consider the context and... View More
answered on Feb 22, 2024
Yes, there is some relevant federal case law regarding search warrants with misspelled names. The key principles established in rulings by federal appeals courts are:
- Minor spelling errors or typos in a name on a search warrant will not necessarily invalidate the warrant. Courts allow for... View More
She got a D/A reject, and they want to give me 3 years in state prison
answered on Feb 22, 2024
In California, when two individuals are arrested for the same crime, the outcomes can vary significantly due to several factors. Your niece receiving a District Attorney (D/A) reject means the prosecutor decided not to file charges against her. This decision could be based on a variety of reasons,... View More
Now and each time he goes to court they’re trying to pile another thing on him. For one case they pulled us over for no reason at all. I have the police recording of them making something up while the report on paper states a whole other thing. Another time just recently they pulled us over &... View More
answered on Feb 22, 2024
Yes, there are lawyers who may be willing to work with payment plans or take payments over time, especially for criminal defense cases. Here are a few options to consider:
1. Public defender - If your fiance cannot afford a private lawyer, he may qualify for a court-appointed public... View More
Now and each time he goes to court they’re trying to pile another thing on him. For one case they pulled us over for no reason at all. I have the police recording of them making something up while the report on paper states a whole other thing. Another time just recently they pulled us over &... View More
answered on Feb 22, 2024
There are lawyers that can work with payments, but it may be difficult to find one. Unfortunately for your boyfriend, criminal defendants have a horrible reputation for not honoring the payment agreement. Once the matter is concluded, the defendant usually stops making payments. Then the attorney... View More
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