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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: Are co-defendants supposed to have the same case number in a felony matter, if filed in the same complaint?

Even if one co-defendant fled & gets arrested five months later? Will he have the same case number as co-defendant ?

Joseph Abrams
Joseph Abrams answered on Sep 18, 2021

Yes, codefendants named in the same charging document will have the same case number, although some jurisdictions may add a number at the end of the main case number to indicate the number of each defendant (i.e., 1, 2, 3, ect.).

- Law Office of Joseph Abrams, Anaheim, CA

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
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3 Answers | Asked in Criminal Law for California on
Q: Ok so if you go to a store and test ride a bicycle and then don't return with it they take your ID what can they do?
Dale S. Gribow
Dale S. Gribow answered on Sep 14, 2021

THEY CAN CALL THE POLICE TO HAVE YOU ARRESTED FOR THEFT............

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1 Answer | Asked in Criminal Law for California on
Q: If a deal is not accepted are they likely to offer a new one if evidence shows the person didn’t commit all the crimes

The public defenders pi found some things that should help his case. The pi said he believes my boyfriend was way overcharged. But we can’t afford bail so he has been in jail 3 months. He is now considering taking a deal for something he did not do just to get out even though it is life changing... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 12, 2021

more information needed.

this is a question that should be posed to his attorney.

s/he will have all the paperwork and court records and will have talked to the DA and or Judge about a sentence. That person is in the best position to answer this question.

1 Answer | Asked in Criminal Law for California on
Q: If you are raided and they find something not listed on the warrant can it be used?

My friend was pulled over due to being on informal probation and recognized by an officer. When searched drugs were found, they raided the house 2 days later and found a gun in his room. He had been in jail for 2 days. He has less than 6 mo to live and they won’t let him out on bail even though... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 12, 2021

more info is needed.

if he has been in custody, then a lawyer has been appointed to represent him.

s/he has all the info available and is the best person to address questions like this and to talk to the DA and or Judge.

3 Answers | Asked in Criminal Law for California on
Q: My boyfriend was arrested in California 3 months ago. He currently has a public defender but he hasn’t seen him

We can’t afford bail and his attorney doesn’t answer our calls. I don’t really know what to do . We have never dealt with anything like this before. But we also don’t have money

John Karas
John Karas answered on Sep 12, 2021

Please understand that Public Defenders (PD's) lack the time to visit clients in jail or return phone calls from family, relatives or friends. They typically have over 100 active cases with 25 or more potential new ones each and every day due to the heavy volume of people who can't... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Can u have a special allegation charge removed from a manslaughter conviction in California?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 12, 2021

If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20,... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My truck was Stolen how can I get it back
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

First, you have to find it. Then get the police to assist you. Best of luck.

2 Answers | Asked in Criminal Law for California on
Q: Brother got arrested for attempted murder charges with a gun..

He shot at the car

Stephen Arnold Black
Stephen Arnold Black answered on Sep 11, 2021

Attempted murder charges will still be viable if there were one or more persons in the car at the time he shot at the car. Murder charges can be based on less than an intent to kill upon a showing that the person had a reckless disregard for human life at the time he pulled the trigger. Shooting at... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: My son is being charged with felony vandillism , the DA wants to give him 4 years...it's apparently for a cut gas line

And dent in tank on a 1980S run down dirt bike .

He was at work when the police came to question him..they said 9 months prior is when this apparently happened. And the accuser didn't call police till day later. That is also when pics were take. ( Anything could have been done to bike... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 10, 2021

much more info is needed.

i am assuming your son has a court-appointed attorney, most likely a public defender.

i would suggest he writes out all the things that happened and what he suspects and send to the lawyer....and ask for a one on one appt.

if he can't get it,...
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3 Answers | Asked in Criminal Law for California on
Q: Can you go to the police to report that a crime possibly occurred or do you have to have proof that a crime did occur?

After a social gathering at her house my mom discovered that her wallet from her purse was missing from her bedroom. She called the 16 people who were there and asked them if they had seen anyone go into her bedroom during the party. 3 of the guests told her they had seen a certain person go into... Read more »

Joseph Abrams
Joseph Abrams answered on Sep 10, 2021

Different police departments operate differently in terms of how they decide to open investigations. Generally speaking, you must have some reliable evidence of a crime before the police will investigate. Evidence like documents and eye witnesses will garner more attention by the police than... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Boyfriend was sentenced at a correctional facility and was supposed to be released today. Why aren’t they releasing him?

He has a court date in 5 days. They already gave him his release paperwork and even told him to call to have us come get him , then said they weren’t letting him go. No other outstanding warrants or anything. Says he is still in the release list. Yet his release date online says none. Can they... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 8, 2021

WITHOUT MUCH MORE INFO, WHO KNOWS.........

IT COULD BE MANY THINGS.

IT'S LIKE CONTACTING A DOCTOR AND SAYING MY BOYFRIEND HAS A PAIN IN HIS STOMACH, WHAT IS IT AND WHY?

A LAWYER WOULD HAVE TO CALL TO CHECK ON THE STATUS.

INSTEAD OF SPENDING MONEY ON A LAWYER TO DO THAT, YOU CALL.

2 Answers | Asked in Criminal Law for California on
Q: Sheriff's are charging me with drug sales because of wedding cake icing I had in bags in my home what do I do?

My home was raided without a warrant and there were no drugs on the property. I was making wedding cake for a friend and had icing in baggies and now they are charging me with sales of a controlled . What do I do?

Dale S. Gribow
Dale S. Gribow answered on Sep 8, 2021

MORE INFO NEEDED

WAS THEIR DRUGS IN THE ICING?

CONTACT A LOCAL CRIMINAL LAW ATTORNEY ASAP FOR A COMPLIMENTARY APPT.

IF THEN, YOU CAN'T AFFORD A LAWYER, REQUEST A PUBLIC DEFENDER AT YOUR ARRAIGNMENT

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does the California Supreme Court hear all cases ? How to appeal to them?

If I lost in appellette Supreme Court how do I appeal to the CA Supreme Court? Is there any help if I have no money for an attorney ?

It involves the catholic church and my first amendment right. I was prosecuted by the City Attorney and catholic church. A jury found me not guilty. But... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 7, 2021

The California Supreme Court does not hear all cases which are brought to it. The Court decides which cases it will hear, usually based on some criteria which involves state wide policy on issues of compelling importance. Consequently, the odds the state supreme court will accept your case are... Read more »

1 Answer | Asked in Criminal Law for California on
Q: So my boyfriend's been charged with having an assault weapon. Will they release him tomorrow if he has this chrg?

He also has identity theft and rape charge he's been in jail for the last 2 months tomorrow is his motion to be released before the trial do you think you'll be released

Dale S. Gribow
Dale S. Gribow answered on Sep 7, 2021

much more info needed

Did anyone get hurt?

on probation or parole?

prior record?

what was the weapon?

what court?

who is DA and Judge?

these are all considerations............however on misdemeanor filings, there is a good chance he will be...
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1 Answer | Asked in Criminal Law and Animal / Dog Law for California on
Q: If pulled over in a car that belongs to soemone else. Can you be charged with things found in the car?

I have a valid license from California amd the car has California plates with current registration. I have a bill of sale but no title and its still registered to the last owner. I was pulled over in Nevada. Thry claim they found a small amount of drugs. The tow yard won't let me get any of my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2021

WHAT THEY DO IS FILE FOR POSSESSION, NOT OWNERSHIP OF THE DRUGS.

THAT IS ENOUGH FOR A CONVICTION IN MOST INSTANCES.

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Q: I purchased a truck 2weeks later it was reposed the title was still in the sellers name the police said it was repossesd

Due to non payment on a title loan traded my car &1500 cashfor the truck .I don't have any transportation he has my car and money ,how do I make this right

Dale S. Gribow
Dale S. Gribow answered on Sep 4, 2021

if the seller is not going to be a stand-up guy, you may have to sue in small claims court.

i would recommend writing a demand letter to him setting forth ALL the facts and then when he does not respond, sue in small claims and attach the letter as an exhibit.

1 Answer | Asked in Criminal Law for California on
Q: If I got bailed out of jail without my knowledge how can I be bailed out on my behalf?

I was bailed out without my consent u necessarily cuz i OR 'd and got a judge to exonerate my bail and now bail bondsman says I still have to sign paperwork to pay them. Is this legal?

Dale S. Gribow
Dale S. Gribow answered on Sep 4, 2021

the person who signed and bailed you out has the financial exposure.

if you are saying it happened at the same time that is one thing.

if you were bailed out and a week or months later got OR that is different.

your lawyer should deal with this with the bondsman.

1 Answer | Asked in Criminal Law for California on
Q: How can I be bailed out on my behalf if I never spoke to anyone while I was in jail?
Dale S. Gribow
Dale S. Gribow answered on Sep 4, 2021

more info needed

were you just arrested or already sentenced?

you need to have your lawyer make a motion to lower bail and then have someone post bail.

most bondsman will do less than 10% if a lawyer is involved and some without a lawyer down to 7-8%

3 Answers | Asked in Criminal Law for California on
Q: Should I go talk to a Det. without attorney case is self Defense. Assult with weapon. other party didn't come forward.

I'm out on bail. Help

Joseph Abrams
Joseph Abrams answered on Sep 3, 2021

If you are a suspect in a crime, you should never make any statement law enforcement without first consulting an experienced criminal defense attorney. No exceptions.

- Law Office of Joseph Abrams, Anaheim, CA

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