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California Criminal Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Criminal Law for California on
Q: If documents are created with the intent to deceive and then used in an Arbitration is that considered a Public Facility

If preparing false documentary evidence, such as a Subpoena, under penalty of perjury, with intent to produce it, and allow it to be produced for a fraudulent and deceitful purpose, as genuine and true, upon a trial, proceeding, and inquiry, whatever, to wit, by filing, causing to be filed, and... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California Penal Code 134, preparing false documentary evidence with the intent to deceive and using it in any trial, proceeding, or inquiry is considered a felony. This law does not limit its scope strictly to public offices or traditional courtrooms. Therefore, even if the false documents... View More

3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 21, 2024

That is a great question and should be explored because if the "owner" was still the seller and had permitted the "buyer" to drive the car before the sale was consumated then that might work. As for the at fault driver - the police will investigate and the DA will decide whether... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2024

you pose a lot of questions to which the answer is IT DEPENDS.

you didn't mention anything about YOUR UM?

let your company pay and they can go after (subrogate against) the parties at fault.

without wits' the other party can say something adverse to what you are...
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3 Answers | Asked in Criminal Law, Personal Injury and Car Accidents for California on
Q: In Calif. If a admittedly speeding driver rear ends a car,flipping it over on the freeway,is there grounds against P213

Consider that the at fault driver states that the person they hit suddenly appeared in front of them,ON A STRAIGHT AWAY, and they (the at fault driver) didn't adjust his speed for upcoming traffic, but just tried to avoid the impact by turning their car hard left, overturning both vehicles.... View More

James L. Arrasmith
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answered on Mar 21, 2024

In California, under Proposition 213, if a driver is uninsured at the time of an accident, they are typically barred from recovering non-economic damages, like pain and suffering, even if the other driver is at fault. However, economic damages, such as medical bills and property damage, can still... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I go about finding an aggressive criminal defense lawyer for a murder case that's being re-tried after appeal?

The case was reversed at appeals due to inadequate toxicology results from the SF Medical Examiner's office. (A long history of fraud) The DA decided to retry the defendant.

Defendant has been in prison 11 years, 9 of which in administrative segregation where he was brutalized. This... View More

James L. Arrasmith
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answered on Mar 20, 2024

In seeking an aggressive criminal defense attorney for a murder case that's being retried after appeal, especially under California law, it's important to start with thorough research. Look for attorneys with extensive experience in handling murder cases and those with a proven track... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Involved in two conflicting court cases and attempting to find out what I should file and if they affect one another?

I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also... View More

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard... View More

1 Answer | Asked in Criminal Law for California on
Q: I have a prior strike and recently got arrested for a 211 but my co defendent is the one who stole and assaulted the lp

I bailed out he stayed in jail I skipped court but he ended up getting charged for just a simple assault what will my charge and sentence be

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, Penal Code 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. If you were involved in a situation where your co-defendant committed... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first... View More

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1 Answer | Asked in Criminal Law for California on
Q: Can a police officer posing as a dealer on Facebook tell you that you are under arrest without a deal being made?
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answered on Mar 20, 2024

Under California law, law enforcement officers can conduct undercover operations online, including posing as dealers on platforms like Facebook. However, for an arrest to be made, there typically needs to be evidence of a crime, such as an agreement to buy or sell illegal substances. Simply... View More

2 Answers | Asked in Criminal Law for California on
Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, there are several avenues you might explore to contest the charges and the circumstances of the traffic stop and subsequent search. If the reason for the stop was allegedly due to a non-functioning tail light, but all your tail lights are working, this discrepancy could be... View More

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2 Answers | Asked in Criminal Law for California on
Q: Cop lied about why he pulled me over and I was given tickets from drugs in a bag that was not mine.

I had given a homeless man a ride across a parking lot because I say hi to the man and throw him some money or food when I see him normally. He had asked me to do him a favor and go get lighter fluid from the smoke shop in the same center because they didn’t let him in. I had gone into the smoke... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2024

You need to retain a lawyer ASAP.........either private or request a public defender.

A private lawyer could try to talk to the filing deputy DA to explain things and preclude the filing.

You may want to go to your car dealership ASAP to document that your tail light was working and...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
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answered on Mar 19, 2024

You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

You are looking for a Pro Bono Lawyer.

If he has been convicted, try Legal Aid\ or a local law school for leads on lawyers who might take on a pro bono case.

Unfortunately, some lawyers will do it for the experience and be less competent.

Prepare a summary of the facts and...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: can a person be convicted at the age of 19 for murder and no evidence and no due process in texas

they confessed only by detectives pressure tatctics and recieved a 50 yr sent in tx

James L. Arrasmith
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answered on Mar 19, 2024

If someone at the age of 19 in Texas is accused of murder but there's no evidence beyond a confession, it's crucial to understand that due process is a fundamental right under the U.S. Constitution. Due process means that before being deprived of liberty, a person is entitled to a fair... View More

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2 Answers | Asked in Criminal Law for California on
Q: what do I do if Local PD and Neighborhood watch over surveillance me and harass me and sent me 51/50?

My primary Physican , my back , my company , and my social media has been hacked and I have documentation . What do I do I went to IC3 , FTC and local PD but they sent me 51/50 .

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you believe you are being wrongfully surveilled or harassed by local law enforcement or a neighborhood watch, you should document all instances of such behavior. This includes dates, times, descriptions of incidents, and any interactions you have had with these parties.... View More

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1 Answer | Asked in Criminal Law for California on
Q: Hi, does the government have to tell me why criminal charges have been dropped or dismissed?

How could I find out why they were dropped?

James L. Arrasmith
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answered on Mar 16, 2024

Under California law, the government is not required to provide a detailed explanation to the defendant about why criminal charges were dropped or dismissed. However, the dismissal itself is a matter of public record, and the reason for the dismissal might be mentioned in court documents or during... View More

1 Answer | Asked in Criminal Law for California on
Q: Chances of getting an early termination of probation

I am going to be half way through my probation. I was put on low risk status half a year ago. I am a first time offender arrested for a felony battery with serious bodily injury. I have no new charges or violations. I have paid all I need to pay. I have been taking a college level information... View More

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answered on Mar 16, 2024

In California, obtaining an early termination of probation is possible, particularly for those who have demonstrated good behavior, complied with all probation terms, and shown efforts towards rehabilitation, as you have. Being halfway through your probation with a record of compliance, engaging in... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How can I try to get someone facing felony DV charges into substance abuse treatment instead of jail time as the victim?

We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More

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answered on Mar 15, 2024

In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

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