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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: I was arrested inside my own home for felony vandalism for damage not over $80 is that legal in California?

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for California on
Q: I was arrested for somethin I did not do and went to prison how can I reopen my case and change my plea for dismissal

Now im on probation which I should not be on in the first place

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for California on
Q: I was on felony probation. I violated & now they are trying to execute the suspended entence of 3 years 8 months.

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

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Civil Litigation and Constitutional Law for California on
Q: What is the interpretation of the U.S Supreme Court case of “Town of Castle Rock, Colorado v. Gonzalez (2005)”?

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

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law for California on
Q: Why is my friend in jail but there is no case number or next court date

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.

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law for California on
Q: Why is my friend in jail but there is no case number or next court date

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.

Paula Wasserman Drake
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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

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Hi, This is kinda rather a general question. Can a DA make a public media statement about evidence telling everyone

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??

James L. Arrasmith
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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

1 Answer | Asked in Sexual Harassment and Criminal Law for California on
Q: Is it considered “Sexual Battery (243.4 PC)” for an individual to “Touch a Woman’s Stomach” solely?

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)”?

James L. Arrasmith
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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

2 Answers | Asked in Civil Litigation and Criminal Law for California on
Q: Are Police required by law to investigate crimes or act in the moment that a crime is committed in their immediate prese
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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

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2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
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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

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Can I file an appeal from a case that happened in 2011? I did not know that I was a felon and need to fix this
James L. Arrasmith
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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

1 Answer | Asked in Probate and Criminal Law for California on
Q: If my sister gets charged with stealing from my parents estate, can she loose all her rights to the estate?

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: upon resentencing pursuant to P.C. 1437 may the sentencing judge sentence defendant to a crime never perpetrated nor

charged or was not the targeted crime and does the defendant have the right to be present during sentencing

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law for California on
Q: I was served a witness subpoena by district attorney's office via mail. Is this a real subpoena? Do I need to show up?

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.

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law for California on
Q: I was served a witness subpoena by district attorney's office via mail. Is this a real subpoena? Do I need to show up?

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.

Nors  Davidson
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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

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1 Answer | Asked in Criminal Law for California on
Q: My husband is currently in jail because he tried to save me from getting robbed what kind of defense can we use

He grabbed the robber gun but He shot the wrong person under the influence

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Hi ! If you have a search warrant, but with a misspelled name. Does case law at the federal level exist?
James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law for California on
Q: If my niece and I were both arrested for thief of over 1,000 how come I’m the only one that got charged ?

She got a D/A reject, and they want to give me 3 years in state prison

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law for California on
Q: Are there such lawyers that can work with payments? Long story short my fiance has been going to court for over a year

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

James L. Arrasmith
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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...
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2 Answers | Asked in Criminal Law for California on
Q: Are there such lawyers that can work with payments? Long story short my fiance has been going to court for over a year

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

Robert Kane
Robert Kane
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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