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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: An officer 'recommended' and hit and run for me to the DA. What will the process look like from here?

I was almost hit by a car and swerved and hit a telephone pole at 2:30 AM. I left my car and walked home since I was fairly close and my phone was dead. I got home and fell asleep on my bed since I had suffered a minor concussion. I went back the next morning at 7:30, spoke with authorities and... View More

James L. Arrasmith
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answered on Jun 24, 2024

Here's an overview of what the process may look like from this point, based on the information provided:

1. Officer's recommendation: The officer has recommended a hit and run charge to the District Attorney's (DA) office. This is not a formal charge yet, but a suggestion for...
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1 Answer | Asked in Criminal Law for California on
Q: Is it illegal to view porn outside?

Just to make it clear, I am not going to go do this, this is more to address a previous lack of attention.

When scrolling through the internet, one can end up on an explicit photo or description on their phone. Either through previous search history, screenshots, curiosity at a picture... View More

James L. Arrasmith
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answered on Jun 21, 2024

To address your question about the legality of viewing pornographic content in public in California:

In general, viewing pornography in public spaces could potentially be illegal in California under indecent exposure or disorderly conduct laws, even if unintentional. The key factors would...
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1 Answer | Asked in Criminal Law for California on
Q: i need help to keep my career as a life agent and i have felony gun charges for a weapon that’s not mine.

due to the filed charges the petitions i had submitted and that had been approved by the da where denied and now i have a warrent for my arrest . i am not guilty of anything other than giving a family member a ride and got pulled over

James L. Arrasmith
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answered on Jun 20, 2024

I understand you're in a difficult situation regarding felony gun charges and how they may impact your career as a life agent. Here's some general information that may be helpful:

1. Felony charges can indeed affect professional licenses, including those for insurance agents....
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1 Answer | Asked in Criminal Law for California on
Q: In past my friend used my car it’s been a month sense we have talked and she steals my car isn’t that a crime?

I didn’t know that my spare key I thought I’d misplaced she had actually stolen that is until I woke up and my car was gone. In the middle of the night she came with her boyfriend and stold my car after not talking to me in a month or longer. Cops say it’s not a crime is that true?

James L. Arrasmith
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answered on Jun 20, 2024

In California, taking someone's car without permission, especially if it involves deception or theft of a spare key, can indeed be considered a crime. This is typically classified as "grand theft auto" under California Penal Code Section 487(d)(1) if the intent to permanently deprive... View More

1 Answer | Asked in Criminal Law for California on
Q: When appeals court reverses a murder and robbery conviction due to tainted evidence and DA wants a retrial, is it

Is it the same as starting over? In other words, will there be a 995 hearing, etc? Discovery, preliminary hearing? San Francisco.

James L. Arrasmith
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answered on Jun 19, 2024

Under California law, when an appeals court reverses a murder and robbery conviction due to tainted evidence and the District Attorney (DA) wants a retrial, the case is essentially starting over from the beginning. This means that the defendant will be entitled to the same procedural rights as they... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

James L. Arrasmith
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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: if one charge was dropped for a violation of PC 1382 speedy trial violation can I have the rest dropped for same reason?

I was involved in a criminal trial on 05/30/24, judge declared a mistrial and on that day after reviewing the case summary I seen that one of the counts was dropped due to PC 1382 violation of speedy trial rights. can I utilize that to get the rest of the counts dismissed? so I can have the whole... View More

James L. Arrasmith
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answered on Jun 18, 2024

Based on the information you provided, it seems that one charge in your case was dismissed due to a violation of California Penal Code Section 1382, which protects a defendant's right to a speedy trial. However, the dismissal of one charge due to a speedy trial violation does not automatically... View More

2 Answers | Asked in Criminal Law for California on
Q: hello i am looking for a great attorney to help with a case i am fighting?

i am a registered gun owner police came to my place of residence I did inform them I am a gun owner I handed over my gun and they searched my room said they found paraphernalia not sure what was found

James L. Arrasmith
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answered on Jun 18, 2024

I understand you are seeking a skilled attorney to assist with your criminal case in Apple Valley, California. Based on the details you provided, it seems the police searched your residence, confiscated your legally owned firearm, and allegedly found some type of unspecified paraphernalia.... View More

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2 Answers | Asked in Criminal Law for California on
Q: hello i am looking for a great attorney to help with a case i am fighting?

i am a registered gun owner police came to my place of residence I did inform them I am a gun owner I handed over my gun and they searched my room said they found paraphernalia not sure what was found

Nafiz M. Ahmed
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answered on Jun 18, 2024

Hi. You definitely want to talk to a criminal defense lawyer in your area. That lawyer will help you to figure out whether the police search in your home was lawful. For example, did the police have a search warrant to enter your home? Or, were you on probation with search terms? There are a... View More

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1 Answer | Asked in Criminal Law for California on
Q: My friend is serving a 1 year sentence in merced county, and filed a 1381 in March in fresno county. He was told that

My friend was told by an officer in merced county that June 14th was the 90th day from when fresno county received his 1381. He was supposed to be released on June 16th from merced, for time served, but is being held for fresno county. How long can he be held? He was told that they were giving... View More

James L. Arrasmith
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answered on Jun 18, 2024

Under California Penal Code Section 1381, if a defendant has been convicted in one county and has a pending case in another county, they can demand to be brought to trial or for sentencing within 90 days in the other county.

If Fresno County received the 1381 demand in March, and June 14th...
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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Can a probation officer ask for my girlfriends information if she doesn't live with me ?

Federal Supervised release

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, a probation officer generally does not have the authority to demand information about your girlfriend if she does not live with you, especially if you are under federal supervised release rather than state probation.

However, there are a few important considerations:...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: Appeal Lawyer says everything you say is a lie? But firsts gets my knowledge of issues and email not confidential

She failed to brief the preserved issue and cause of interest to get reviewed from higher court..Attorney claims no merits and I repeatedly say augment record on appeal and get transcripts. Attorney reply minute order and I clearly state transcripts more detail and explain my claim..Attorney reply... View More

James L. Arrasmith
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answered on Jun 17, 2024

I understand that you are dealing with a complex and frustrating legal situation involving your appeal lawyer. It seems that there are several issues at play here:

1. The lawyer claims that everything you say is a lie and that your emails are not confidential, which is concerning....
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1 Answer | Asked in Divorce, Criminal Law and Family Law for California on
Q: How do I get help retrieving property stolen by my now-ex during our divorce?

In California:

I had ≈ $30k in personal/non-communal property [I have proof of ownership: receipts, email threads, pre-theft photos] stolen during a divorce, now settled. I have fairly good idea where my property went but need a search warrant to get the final details from the... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about your situation. Dealing with theft of personal property during a divorce can be challenging, especially when it seems like law enforcement and the courts are not being helpful. Let me provide some general information and suggestions for your situation under California... View More

1 Answer | Asked in Criminal Law and Juvenile Law for California on
Q: How badly can minors get punished for a felony. I just want to know how bad the situation can get and what to do, advice

A couple of my friends, 3 to be exact. Went to an elementary school to goof around. Then they found an open classroom and went in and they found a bunch of expensive tech but they didn’t steal anything . They were in this room for about 20-30 minutes. Then suddenly cops start showing up and... View More

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, minors who commit felonies can face serious consequences, but the focus is often on rehabilitation rather than punishment. The severity of the consequences depends on factors such as the nature of the crime, the minor's age, and their prior criminal record.... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for California on
Q: I was beaten it ended with the guy on top of me hitting my face in and out of unconscious, officer tell me he witnessed

The office told me it was mutual combat on the video,not true,so why on incident report him and a witness say I victim battery and why won't they allow me to file a police report to follow up on what looks like a rep, myself situation this exact same thing has happened with the same 77th... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about the horrific assault and battery you've experienced, and the frustrating and traumatic interactions with the police that followed. What you've gone through is unacceptable and heartbreaking. Please know that none of this is your fault - you are the victim... View More

1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for California on
Q: what can i do to have charges against a roommate who stole $2,200 from my boyfriend and also hired someone to

come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:

1. File a police report detailing the theft and...
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2 Answers | Asked in Criminal Law for California on
Q: what can i do when my roommate hired someone to strong arm and ended assaulting me leaving me to have emergency surgery
James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear that you were assaulted by someone your roommate hired, and that you had to have emergency surgery as a result. What happened to you was not okay. Under California law, you have a number of options for seeking justice and protecting yourself:

- Report the assault...
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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: My landlord created a fake rental agreement and now a year later is kicking us out in 30 days.
James L. Arrasmith
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answered on Jun 14, 2024

I'm sorry to hear about your difficult situation with your landlord. It sounds like your landlord may be engaging in unlawful practices. Here are some steps you can take:

1. Review your lease agreement and any other documents related to your tenancy. Even if the agreement is...
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