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with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.
Can I recoup ANY of my damages or money and property they stole?
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answered on May 9, 2024
Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:
1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the... View More 
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answered on May 9, 2024
In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.
For example, if the blood draw... View More
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answered on May 8, 2024
I would strongly advise against publishing plans to break the law, as doing so could be considered evidence of criminal intent regardless of whether it provides any legal protection. If you have concerns about your legal situation, I recommend speaking with a qualified criminal defense attorney who... View More
But I did time for that case cuz they ran my cases current
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answered on May 8, 2024
I understand this is a stressful and confusing situation. Based on the information you've provided, it sounds like there may have been an error or miscommunication regarding your case and the warrant. Here are a few steps you can take:
1. Contact your probation officer immediately to... View More
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answered on May 8, 2024
If the police have a valid search warrant, they are generally not required to allow the property owner to observe the search as it is being conducted. The search warrant itself provides the legal authority for the police to enter and search the property, even without the owner's consent or... View More
there is no evidence of firearms in the probable cause or defendants record?
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answered on May 8, 2024
To answer this question accurately, it's important to understand how search warrants work in California, particularly in relation to drug cases. Here are the key points:
1. Probable Cause: For a search warrant to be issued in California, there must be probable cause. This means there... View More
for the defendant to be able to see what the grounds were for approving it?
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answered on May 7, 2024
Under California law, when an officer provides an oral affidavit to a magistrate to obtain a warrant, the statement must be recorded and transcribed to create a record of the probable cause that was provided.
Specifically, California Penal Code Section 1526(b) states:
"In lieu... View More
that my license plate frame actually has a hidden device that when set up properly had the ability to shield my license plate from public viewing. the officer had to very deliberately re activate this device as it was not fully operational in its original condition. upon successful activation of... View More
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answered on May 7, 2024
This is a complex legal situation and I highly recommend consulting with a criminal defense attorney who can review the specific details of your case and provide professional legal guidance. However, I can provide some general thoughts based on the information you've shared.
From your... View More
I understand that a person can appeal a decision or ruling made by the CA DOJ firearms division...what does that entail and how does one do that?
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answered on May 6, 2024
If you want to appeal a decision or ruling made by the California Department of Justice (CA DOJ) regarding firearms, here are the general steps:
1. Determine if the decision is appealable: Not all decisions can be appealed. Check the notice of the decision or contact the CA DOJ to confirm... View More
My roommate has filed a lawsuit against me. She claims that I punched her 20 times very hard and is using a back covered in pimples as evidence. What actions should I take? Also, where can I find an expert witness to testify that punches cannot result in pimples in San Jose, CA?
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answered on May 5, 2024
If you have been accused of a crime, the appropriate action is to seek legal counsel from a qualified criminal defense attorney. They can advise you on your rights and legal options.
In terms of the specific claim about injuries, while I agree that punches would not typically cause pimples,... View More
Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More
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answered on May 5, 2024
In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:
1. Reasonable expectation of privacy: If the area where the conversation took place was not... View More
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answered on May 5, 2024
If you are a defendant in a criminal case and believe that disclosure of a CI's identity is essential to your defense, your attorney can file a motion with the court to request this information. However, courts generally only grant such requests in rare circumstances when the CI's... View More
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answered on May 5, 2024
Yes, in California, there can be two separate indictments involved in the same case under certain circumstances. This is known as "dual indictments." Here are a few scenarios where this might occur:
1. Grand jury indictment and complaint: The prosecutor may file a complaint... View More
I have a felony battery with serious bodily injury. It's a first offense. I was given probation for it. It happened a long time ago but court took a while, and now half of my probation will have passed.
I am on low-risk probation and have not heard anything from probation since being... View More
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answered on May 4, 2024
In California, the decision to terminate probation early is at the discretion of the court, and the District Attorney (DA) can choose to oppose or not oppose the motion. Generally, the DA is more likely to not oppose early termination of probation when:
1. The probationer has successfully... View More
My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the... View More
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answered on May 4, 2024
Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:
1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given... View More
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answered on May 4, 2024
Under California law, it would be highly unusual and likely unconstitutional to go to trial without having access to discovery materials. Discovery is a crucial part of the legal process that allows the defense to prepare their case.
Key points:
1. Due Process: The U.S. Constitution... View More
What if it is not clearly defined as a "Wobbler"...Supposedly H&S 11350 is not a "Wobbler" offense...Could a person still attempt to file a motion for reduction via 17B? And say they successfully filed the 17b motion...though it is not a "Wobbler" offense....And... View More
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answered on May 4, 2024
In California, a "wobbler" offense is a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. The decision to reduce a felony to a misdemeanor under Penal Code 17(b) is typically limited to... View More
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answered on May 3, 2024
I'm sorry to hear about your situation. Under California law, if you spent additional time in prison due to an error by the county clerk in not accurately recording your time served credits on the abstract of judgment, you may have some legal recourse. Here are a few key points to consider:... View More
I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More
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answered on May 3, 2024
Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:
1. Lawful inquiries: Police officers are allowed to knock on your... View More
Can a person in the vicinity of a gunshot run away and become aggressive if there is a shootout between the police and the gunman? Do officers have a legal basis to shoot a bystander behaving in the manner described above?
Please provide the legal grounds, if any, for police officers to... View More
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answered on Apr 30, 2024
It would generally not be legal or appropriate for police to shoot a bystander who was fleeing the scene of a shootout, even if that person appeared aggressive or erratic in their behavior. Police are only legally justified in using deadly force when there is an immediate threat of death or serious... View More
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