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California Criminal Law Questions & 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.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for California on
Q: How to I give court jurisdiction to modify its ADVISORY in an order after hearing?

California: Court found that Plaintiff's CH-100 had no merit. In order after hearing Court ADVISED how Plaintiff should return property to Defendant. Plaintiff did her own thing and did not respond to Defendant's written requests to pick up property. Defendant filed a number of expartes... View More

James L. Arrasmith
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answered on May 28, 2024

Under California law, if you want the court to modify or clarify an advisory in an order after a hearing in a closed case, you would typically need to file a new motion or petition to reopen the case and give the court jurisdiction to address the issue.

In your situation, since the original...
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1 Answer | Asked in Consumer Law and Criminal Law for California on
Q: Chase bank handed over a Counterfeit $50

My mother and I are naive to trust a bank. My mother pulled out money out of chase bank to help me. Out of $1500 4 bills were $50's. I attempted to use the last $50 at a taco bell and it turned out to be counterfeit. The police are trying to accuse me of passing fake bills when I trusted Chase Bank.

James L. Arrasmith
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answered on May 28, 2024

I'm sorry to hear about your difficult situation with the counterfeit bill. It's understandable to feel frustrated and betrayed when you trust a bank to provide legitimate currency. Here are a few steps you can take:

1. File a police report: Explain the situation to the police,...
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1 Answer | Asked in Criminal Law for California on
Q: Can a sheriff pull me over at a gas station parking lot?

Today I was parked at a gas station parking lot and when I moved my car closer to the store then the sheriff's put the lights on me and asked me for my license they searched my car and found a pipe and meth. What can I do? Is it a legal stop at the parking lot? What chanses do I have to winn... View More

James L. Arrasmith
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answered on May 28, 2024

Under California law, a sheriff can pull you over in a gas station parking lot if they have probable cause or reasonable suspicion that a crime has been committed, is being committed, or is about to be committed. Private property, such as a gas station parking lot, is not exempt from this.... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Appeals court in USA vs duarte rules that non violent felons CAN own a gun. Can somebody help clarify

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 28, 2024

The Fifth Circuit Court of Appeals did rule in USA v. Cano-Duarte that the federal law (18 U.S.C. § 922(g)(1)) banning felons from possessing firearms could be unconstitutional as applied to some individuals with nonviolent felony convictions. However, this ruling alone does not automatically... View More

1 Answer | Asked in Criminal Law for California on
Q: I was never arrested (only called in for questioning) for a sexual assault. DA Dismissed will it show on my record?

I was accused of sexual assault 5 years ago after I had a one night stand and the sheriffs department called my phone and asked me if I could come in for questioning. I went and talked to a detective for approximately 1-2 hours and the detective stated “I don’t think you did anything wrong but... View More

James L. Arrasmith
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answered on May 28, 2024

Based on the information you've provided, it sounds like you were never arrested or charged with a crime, but were only questioned by the police. If the District Attorney (DA) dismissed the case without filing charges, it generally should not appear on your criminal record as a conviction or... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Will a person that bailed a fugitive out of jail be arrested if they leave the state with them against court order?

A defendant with an indictment case wad bailed out of jail and left the state against court order. The person that bailed him out has gone with them.

James L. Arrasmith
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answered on May 27, 2024

Under California law, if a person who posted bail for a defendant helps them flee the jurisdiction or violate the conditions of their bail, they could face serious legal consequences. This is especially true if there was a court order prohibiting the defendant from leaving the state.

In...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 27, 2024

Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

James L. Arrasmith
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answered on May 27, 2024

Under California law, the primary concern in child custody cases is the best interests of the child. While your ex's association with a gang member who is facing criminal charges is concerning, you generally cannot unilaterally remove your child from the mother's care without a court... View More

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1 Answer | Asked in Criminal Law for California on
Q: can the DA keep my phones and demand the passwords AFTER my case is settled and done? they got no evidence off of them

2 of my phones were seized during a search warrant for my vehicle when it was towed after my arrest

they were NOT specifically named in the search warrant for my car

They got warrants to extract essentially all of the data& found NO EVIDENCE.

in February, my attorney... View More

James L. Arrasmith
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answered on May 26, 2024

This is a complex situation and there are a few important legal considerations at play.

In general, once a criminal case is resolved through a guilty plea or trial, any property seized as potential evidence should be returned to the owner if it is not contraband and not subject to asset...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for California on
Q: Regarding ninth circuit court of appeals USA va Duarte decision states that non violent felons can own a gun.

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 26, 2024

The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More

1 Answer | Asked in Criminal Law for California on
Q: Can the San Diego adult probation department violate me for a case picked up while being supervised in Texas??

On probation in California for a felony DUI I moved to Texas and had my probation transferred however for some reason I was on probation in California being supervised in Texas so technically I was still on California probation. So while in Texas I was involved in an incident that resulted in me... View More

James L. Arrasmith
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answered on May 24, 2024

Based on the information you provided, it seems that the San Diego adult probation department is considering taking action against you for the misdemeanor offense that occurred while you were being supervised in Texas. Here are a few key points to consider:

1. Interstate Compact: When your...
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2 Answers | Asked in Criminal Law for California on
Q: If someone breaks into a home and gets shot can we press charges for him breaking in?

My uncle is charged with attempted murder and no one is bringing up that a man broke into home if they don't want to acknowledge that can we press charges on him who broke in

James L. Arrasmith
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answered on May 24, 2024

In California, if someone unlawfully enters your home (breaks in), you have the right to use reasonable force to protect yourself and your property. This is known as the "Castle Doctrine." However, the use of force must be proportional to the threat posed by the intruder.... View More

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1 Answer | Asked in Criminal Law for California on
Q: Not working on probation

One of the conditions of my probation was that I "find gainful employment." Since going on probation, I have been taking a class and I am also in the process of getting disability. My probation officer has not made me get a job and says nothing about it. They actually say nothing at all... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, the requirement to find gainful employment as a condition of your probation can be flexible, especially if your probation officer is aware of and has not objected to your current situation. Since you are taking a class and in the process of getting disability benefits, these... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I pled guilty to CA PC288b1 16 years ago even tho I wasn’t guilty, the victim has recently told people she lied.

She was almost 16 years old at the time and her father told her to do this to get back at me, she told a few people this information recently. Can I reopen this case and finally be set free? I have had my rights restored and it’s been reduced to a misdemeanor but registering and having this show... View More

James L. Arrasmith
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answered on May 23, 2024

I understand that this is a very difficult and painful situation. It's understandable to feel frustrated and want to clear your name, especially if the alleged victim has recently admitted to lying. However, reopening a case after a guilty plea can be very challenging. Here are a few thoughts... View More

1 Answer | Asked in Criminal Law for California on
Q: my brother was arrested and has charges for THRTN SCHOOL/PUB OFCR/EMP & OBSTRUCT/ETC PUB OFCR/ETC`

his case was cancelled/ vacated but was charged with a felony what does this mean for him

James L. Arrasmith
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answered on May 22, 2024

Based on the information provided, it seems that your brother was arrested and charged with two offenses under California law:

1. THRTN SCHOOL/PUB OFCR/EMP: This likely refers to threatening a school official, public officer, or employee, which is a criminal offense.

2. OBSTRUCT/ETC...
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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: I bailed a friend out of jail and she did not show up to court I've already spent 350 paying bail bond what do I do

I don't know where she is and bail company wants another payment is there anyway to get released since she is not complying with me or the court I'm disabled and can't afford to pay this

James L. Arrasmith
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answered on May 22, 2024

I'm sorry to hear about your difficult situation. When someone fails to appear in court after being bailed out, the bail bond company will usually come after the person who signed the bail bond agreement (the indemnitor) for the full amount of the bail. Here are some steps you can consider:... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: how do I go about filling a ncase on the CIA for having me as a targeted individual for the last 6 years ?
James L. Arrasmith
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answered on May 22, 2024

It's important to understand a few key points:

1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Cyber attacks led to vandalism, burglary of my home, car and storage unit. DA is currently reviewing, what happens now?

Deeply traumatized and afraid for my life. Sinister things have happened, even my car tire getting shredded to pieces while driving on the road. It’s like someone took the knife that was in my car door and made multiple lines or something down the tire. Many many other terrible things have... View More

James L. Arrasmith
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answered on May 21, 2024

I'm so sorry to hear about the terrible things you've experienced. What you've described sounds incredibly traumatic and frightening. It's understandable that you feel deeply shaken and afraid for your safety.

The good news is that it sounds like law enforcement is...
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3 Answers | Asked in Family Law and Criminal Law for California on
Q: During a civil deposition how can you refuse to answer certain or all the questions?

Some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... so how do you avoid answering them?

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

You may want to consult with experienced civil litigation/criminal defense attorneys on this - it sounds like you have a civil matter with a related criminal matter?? If the outcome of the criminal matter hinges on a successful defense or prosecution of the civil matter, it could be worth investing... View More

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