Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
View More

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Is tracking someone's location and going out to that specific persons location intentfully fall under the 4th Amendment?

As asked above, would they need probable cause to obtain the location/use the location. How about investatory purposes? There would need to be probable cause, correct?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

The 4th Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government. Whether tracking someone's location falls under 4th Amendment protections depends on the specific circumstances.

In general, under the U.S. Supreme Court decision in...
View More

View More Answers

1 Answer | Asked in Contracts, Small Claims and Criminal Law for California on
Q: I was late in transferring my title into my name . I assume it would be a late penalty fee. while my car got impounded…

My ex boyfriend took car out without my permission. And has withheld from me . Is this legal I have signed docs and messages along with receipts supporting my claims

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

In California, if your ex-boyfriend took your car without permission, this could be considered theft or unauthorized use of a vehicle. You have the right to report this to the police, especially since you have signed documents, messages, and receipts supporting your claims of ownership and lack of... View More

1 Answer | Asked in Criminal Law and Personal Injury for California on
Q: A store employee verbally harassed my wife while grocery shopping, and then physically attacked me, can we do something?

A store employee verbally harassed and intimidated my wife while grocery shopping. She was scared and embarrassed by the incident, while genuinely fearing for her physical safety upon leaving the premises. When I returned later to speak with management about the incident, the employee again... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

Yes, you have recourse under California law. Your wife and you can potentially pursue a civil claim against the store for the employee’s actions. Your wife may have grounds for a claim based on the verbal harassment and intimidation she experienced, particularly if it caused her emotional... View More

1 Answer | Asked in Criminal Law for California on
Q: Is announcement from a bullhorn/ loudspeaker enough to count for “knock and notice” during warrant service?in ca
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

In California, the general rule is that before entering a residence to execute a search warrant, police officers must first knock, identify themselves as law enforcement officers, and announce their purpose. This is known as the "knock-and-announce" rule.

However, there are...
View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: What do I do if I’m denied the ability to make a missing persons report.

My son has been missing since 2022

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

I'm so sorry to hear that your son has been missing since 2022. That must be an incredibly difficult and painful situation. If you have been denied the ability to file a missing persons report in California, here are some steps you can take:

1. Speak with a supervisor: If an officer...
View More

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Constitutional Law for California on
Q: How to contest any unconstitutional law?

CA Penal Code 302. It violates First Amendment. Police arrest and the City Attorney in Los Angeles Prosecutes under this code.

The law is vague. There is no religious meeting going on yet LAPD and The Los Angeles City are constantly prosecuting under this code.

This is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

I understand your frustration with California Penal Code 302 and your belief that it is unconstitutional. As a private citizen without legal representation, there are a few potential avenues you could explore to challenge the law, although I must emphasize that this general information is not a... View More

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: I was malicously prosecuted by the catholic church.

I was found not guilty. Is there any way I can speak with the jurors? How would I be able to contact them ?

Judges should be stopping prosecutions where is there no evidence or witnesses. Why don't they ? The innocent get no justice. There should not be any prosecutions... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

I'm so sorry to hear about your experience being maliciously prosecuted, especially by an institution like the Catholic Church. That must have been an incredibly difficult and traumatic ordeal to go through. I'm glad you were ultimately found not guilty, but the fact that it even went to... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for California on
Q: My Son is incarcerated and has a child there are no custody orders the mother is putting the child in danger

the mother is on drugs and drinks also plans to move child out of the country. married a guy after knowing him for 6 weeks for financial gain. my son wants me to have guardianship over the child

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

If your son wants you to have guardianship over his child due to the mother’s dangerous behavior, you need to take immediate legal action. The mother's drug use, alcohol abuse, and plans to move the child out of the country, along with her recent marriage for financial gain, present a... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Correction officer's are trying to put a battery on my son what can attorney do to help him he is in prison

My son has been denied medical attention they have beat him other inmates have tried frightening him today he went to medical and all of a sudden he's in asset for a battery on officers

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

Under California law, your son has rights that must be respected, even while he is in prison. If correction officers are falsely accusing him of battery and he is being denied medical attention, he can take legal steps to protect himself. You should contact an attorney who can help investigate... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for California on
Q: Got my license 2 days ago and got a rental car. My friend was driving it with me in passenger seat and he ran a red.

From my googling it’s my understanding the rental company zip car will forward my info to the issuing department. Will it give me the points on my license? Can I fight it if the photo shows me clearly in the passenger seat?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

If your friend was driving a rental car and ran a red light, the rental company will likely receive the ticket and forward your information to the issuing department, as you are the person who rented the car. However, you can contest the ticket if the photo clearly shows you in the passenger seat... View More

1 Answer | Asked in Criminal Law for California on
Q: Who are people required to testify at preliminary hearing In a criminal/felony case in California . If a search warrant

The search warrant was served with a whole team of officers. Do they all need to present evidence/testimony?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

In a preliminary hearing for a criminal or felony case in California, not all officers involved in executing a search warrant are required to testify. Typically, the primary officer who led the search or the officer who authored the search warrant affidavit would be the one to provide testimony.... View More

1 Answer | Asked in Criminal Law for California on
Q: Is there any law stating officers are required to keep they’re body cams switched on while conducting a search?

While serving a search warrant?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

Under California law, police officers are generally required to activate their body cameras during interactions with the public, including searches and the execution of search warrants. The specific policies can vary by department, but most law enforcement agencies have policies that mandate the... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case got dismissed

I have a quick question . I was out on bail arrested on 12-21-21 on false accusations I had four charges assault deadly weapon three times and accessory after the fact I got out on a 100,000.00 bail I finished paying . I was put on the news and all over social media I lost a lot friends and family... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024

Under California law, recovering bail money after a case dismissal can be challenging, especially since the bail bondsman typically keeps their fee, which is usually 10% of the total bail amount. If you paid a bail bondsman, the fee is generally non-refundable because it's considered payment... View More

3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

My condolences for your loss, an awful tragedy. Many vehicles offer little regard to the 2 wheeled conveyances and the operators of the 2 wheeled conveyances receive the most serious injuries. But you are not bound by what the CHP wrote in the accident report as the person at fault. CHP did not... View More

View More Answers

3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

I'm deeply sorry for your loss. You might have grounds to sue the California Highway Patrol (CHP) if you believe they mishandled the accident investigation or violated procedures. The actions you described, such as moving your son's body before the coroner arrived and clearing the scene... View More

View More Answers

3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More

Joel Gary Selik
Joel Gary Selik
answered on May 31, 2024

What a horrible tragedy. I am so sorry for your loss.

Any case against the CHP would be very difficult for many reasons. First, there is a six month claim submission deadline (though, if there are federal questions, the time limit may be longer). Further, the actions of CHP were likely to...
View More

View More Answers

1 Answer | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer who handles California Penal Code 632 PC

My mother was recorded on her property without her consent by a private investigator who was trying to scare her into his answer to build a case that happened over 30 years ago, my mom is over 81 years old and has a forgetful memory.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024

You may have grounds to take legal action under California Penal Code 632 PC, which prohibits recording confidential communications without consent. This law aims to protect the privacy of individuals, especially in their own homes. Given that your mother was recorded on her property without her... View More

2 Answers | Asked in Criminal Law for California on
Q: Is a low cost expungement lawyer worth it?

I'm going for an early termination of probation. I was looking at some expungement lawyers that specialize in situations like this. They give fixed prices based on what you're going for and advertise themselves as being low-cost options. Should these types of lawyers be avoided, or do you... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024

Choosing a low-cost expungement lawyer for early termination of probation can be a practical option under California law. These lawyers often offer fixed prices, which can help you budget for your legal expenses. It's important to ensure that the lawyer you choose has experience and a good... View More

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Is a low cost expungement lawyer worth it?

I'm going for an early termination of probation. I was looking at some expungement lawyers that specialize in situations like this. They give fixed prices based on what you're going for and advertise themselves as being low-cost options. Should these types of lawyers be avoided, or do you... View More

Robert Kane
Robert Kane
answered on May 29, 2024

It really depends what specific lawyers you are talking about. There are law firm like companies that depend on marketing and signing as many clients as they can. Unfortunately, expensive lawfirms can be just as bad when it comes to attentiveness.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.