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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
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),... View More
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
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... View More
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 -
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... View More
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
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... View More
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
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... View More
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
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... View More
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
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... View More
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... View More
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.
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... View More
I went to trial and jury didn’t agree with my charges so now I have to go back to trial again
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... View More
I went to trial and jury didn’t agree with my charges so now I have to go back to trial again
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.
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?
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... View More
My husband was just sentenced to 6yrs 8mos and has two cases pending
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
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
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... View More
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
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... View More
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
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... View More
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.
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... View More
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
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
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.
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,... View More
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
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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