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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for California on
Q: My fiances sister dated the suspect? What are the chances of him being released with a previous strike, out on bail

for first offense arrested with possesion of a firearm as a felon

001PC422(a)-F Criminal Threats

Offense Date: 7/22/2022

002PC273.5(a)-F Injuring a Spouse, Cohabitant, Fiance's, Boyfriend, Girlfriend or Child's Parent

Offense Date: 7/22/2022... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the details provided, it seems unlikely that the suspect would be released on bail given their criminal history and the severity of the current charges. Here are a few key factors:

1. Previous strike: The suspect has a prior conviction for a serious or violent felony (PC1170.12),...
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1 Answer | Asked in Criminal Law for California on
Q: can I pay I fine instead of community service hours? Have been extended 3 times I don’t have them done work schedule

I have been extended 3 times to complete community service hours. The last extension was a 1 month extension on my final court date which is tomorrow. I have only completed 13.5 hours in the last month leaving me with 34 hours left I had 60 hours to start. Can I pay a fine instead of doing the... View More

James L. Arrasmith
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answered on Jun 13, 2024

Under California law, it is generally up to the discretion of the court to allow you to pay a fine instead of completing community service hours. However, this option is not always available and depends on the specific circumstances of your case and the court's policies.

Given that you...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I'm serving 2 lwpp sentences for 1st degree murder, fresh from fighting in Iraq 2003 with untreated combat ptsd. Age 20.

Is there hope for a new sentence , commutation, etc? I was a messed up kid from the front lines. Those circumstanceswere kept from the trial -

James L. Arrasmith
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answered on Jun 13, 2024

I'm so sorry to hear about your situation and all that you've been through. Serving in combat at such a young age and dealing with untreated PTSD must have been incredibly difficult and traumatic.

In terms of potential legal options, I would strongly recommend consulting with an...
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1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Criminal Law for California on
Q: How does a prisoner find out when the prosecuting attorney received his 1382 motion, and when the 90 days begin

My friend filed a 1382 motion while serving time in merced county. The merced sheriff didn't mail the motion until 9 days after he received it. Now, my friend has been told that he won't be released on his early release date because they are giving fresno county 5 days to pick him up.... View More

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answered on Jun 12, 2024

Under California Penal Code Section 1382, a defendant has the right to a speedy trial. If a defendant is not brought to trial within the specified time limits, the case may be dismissed. Here are a few key points regarding your friend's situation:

1. The 90-day period begins when the...
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1 Answer | Asked in Criminal Law for California on
Q: I had a warrant out of Sacramento over 5 years ago I found out it was still active came back to California to clear it.

The warrant was for probation over 5 years ago came back to California to try to clear it up went to jail was transferred to Sacramento jail for about 2 months I was released where I try to get it transferred from Sacramento to Monterey I don't know whatever happened with that I basically was... View More

James L. Arrasmith
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answered on Jun 12, 2024

It sounds like you're dealing with a complex legal situation. Here are a few steps you can take to try to resolve this:

1. Contact the Monterey County court directly to confirm the status of your warrant and find out what you need to do next. Ask if there is a specific procedure for...
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2 Answers | Asked in Criminal Law, Personal Injury and Landlord - Tenant for California on
Q: Are judicial assistants and deputy clerks the same position or similar roles?

In my mom’s case the judges judicial assistant J.DOE is the same person that has their name in the deputy spot when she e-files. Some documents are endorsed with FILED BY chief executive officer I.NAME then under that it says J.DOE deputy. Is that normal for a judicial assistant to also be... View More

James L. Arrasmith
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answered on Jun 12, 2024

In the California court system, judicial assistants and deputy clerks are typically distinct roles, although there may be some overlap in their responsibilities.

1. Judicial Assistants: Judicial assistants, also known as judicial secretaries or court clerks, primarily work directly with...
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1 Answer | Asked in Criminal Law for California on
Q: As a prosecution's witness, can a defense attorney ask if I'm a drug user on cross examination?
James L. Arrasmith
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answered on Jun 12, 2024

In California, a defense attorney's ability to ask about a witness's drug use during cross-examination is limited. According to the California Evidence Code:

1. Evidence of a witness's past drug use is generally inadmissible to attack their credibility, unless the drug use...
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2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: I was charged with arson as a minor and order to pay $30,000 I’m 20 now and can’t pay this can I get it thrown out?

I was paying it until me and my family got evicted and I haven’t been able to pay I’ve been living paycheck to paycheck.

James L. Arrasmith
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answered on Jun 12, 2024

Given the serious nature of your question, I would strongly recommend speaking with a lawyer who specializes in juvenile justice and restitution cases in California. They can review the specifics of your case and advise you on your options.

That said, here is some general information that...
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2 Answers | Asked in Criminal Law for California on
Q: What is the whole purpose if you win a trial it’s a hung jury?

I went to trial and jury didn’t agree with my charges so now I have to go back to trial again

James L. Arrasmith
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answered on Jun 11, 2024

I apologize for the confusion, but there seems to be a misunderstanding about the concept of a hung jury.

A hung jury does not mean that you won the trial. Instead, a hung jury occurs when the jurors cannot reach a unanimous decision on the verdict, either guilty or not guilty, after...
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2 Answers | Asked in Criminal Law for California on
Q: What is the whole purpose if you win a trial it’s a hung jury?

I went to trial and jury didn’t agree with my charges so now I have to go back to trial again

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

The term "hung" jury refers to a jury that was unable to reach an agreement on its verdict. There is no "winner" or "loser" to a trial if the jury is "hung." If a jury is unable to reach a verdict, a case must be tried again to a different jury until a verdict is reached.

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:

1. Federal law (the Lautenberg Amendment) prohibits...
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1 Answer | Asked in Criminal Law for California on
Q: I need a form pc 1381 for California. I can't find it anywhere except for vc violations which isn't what I need.

My husband was just sentenced to 6yrs 8mos and has two cases pending

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your husband's situation. Unfortunately, form PC 1381 is specifically used in California to request the dismissal of pending criminal charges against a defendant who is currently imprisoned or incarcerated. It's not a form that you as a family member would... View More

1 Answer | Asked in Criminal Law for California on
Q: I graduate 08/23/2024 I just want to make sure that this won’t hinder me applying for my license for LVN in CA

Hello ,I was arrested & fingerprinted for PC 245(A)(1) in march of 2022 charges were never filed , I have a declination letter from the Los Angeles district attorneys office , also have a letter from superior court of California, county of Los Angeles & sheriff office petition to seal and... View More

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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: If someone presses charges for breaking and entering and burglary how soon would I know about it if it's true?

I was told by a squatter where my mom just moved out of after 20 years that they pressed charges for breaking and entering and burglary because I went into the house and garage without the squatters permission. My mom moved last week. It wasn't even a full week that I stopped by to grab a few... View More

James L. Arrasmith
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answered on Jun 9, 2024

In California, if someone files a police report for breaking and entering and burglary, the police will investigate the incident. The timeline for this process can vary depending on the complexity of the case and the workload of the police department.

If the police find sufficient evidence...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: Can I expect any charges regarding burglary? From a tenant who was more a squatter?

I lived there for years up till 6 years ago. My mom has lived there the past 23 years up till last weekend. When I moved out mom got a few different roommates to help. 2 years ago a lady moved in n my sis n her bf too After this last 6 months mom n step dad was ordered to vacate the house with no... View More

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answered on Jun 9, 2024

Based on the information you provided, it seems that the situation is complex and there are several factors to consider. However, I can provide some general guidance on the potential legal implications.

In California, burglary is defined as entering a structure with the intent to commit a...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Friend was charged with attempted murder for a simple domestic. Girlfriend had no injuries and refused medical.

Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.

James L. Arrasmith
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answered on Jun 8, 2024

I understand this is a difficult and frustrating situation. A few key points based on California law:

Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate...
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1 Answer | Asked in Criminal Law for California on
Q: how much does it cost on legal fees to have a defense attorney file a motion and over turn a criminal conviction

the case went to jury trial but in incorrect penal code section and jury instructions in year 2012 on a conviction of p.c 459 in first degree but no property damage was done nothing stolen nothing missing to a residential property person present at 1050am hours .. all it was was a p.c 602.5(b)... View More

James L. Arrasmith
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answered on Jun 8, 2024

I understand your concern about the potential legal fees involved in filing a motion to overturn a criminal conviction in California. However, the cost of legal representation can vary significantly depending on several factors, such as the complexity of the case, the attorney's experience,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My girlfriend shot herself in my house with my gun. Family thinks it wasn't self-inflicted. What am I to expect now

She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:

Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,...
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1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: I only had one dui misdemeanor in my life in 2018 this year a old friend of mine admitted to a crime

Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More

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answered on Jun 6, 2024

Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More

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