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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Does an officer have an authority to remove a resident from their residence without a warranty or emergency circumstance

In March 11 a friend died in our room at the airb&b.

she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s

And according to the... View More

Michael Eric Kraut
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answered on May 2, 2024

Once you have invited the officer into the house then they are allowed to be there. If there are drugs or other unlawful items in plain sight the officer may seize them. However, without a warrant a police officer would not be allowed to search rooms or drawers in that residence.

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Does an officer have an authority to remove a resident from their residence without a warranty or emergency circumstance

In March 11 a friend died in our room at the airb&b.

she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s

And according to the... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More

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1 Answer | Asked in Criminal Law for California on
Q: CA - a criminal protective order states: May not keep under surveillance. Do I have to take down my camera

My camera covers my yard and catches some of their backyard.

James L. Arrasmith
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answered on Apr 28, 2024

In California, a criminal protective order that includes a provision stating "May not keep under surveillance" implies that you should avoid any activity that could be construed as monitoring or spying on the protected person. This includes the use of cameras that capture activity in... View More

2 Answers | Asked in Criminal Law and Real Estate Law for California on
Q: Attorney took all proceeds from my house sale, deposited it into a trust account under false pretenses. Now I'm homeless
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 28, 2024

I am so sorry for you having to go through this hardship!

Attorneys can keep the fund that's not clear whether belongs to them or their clients. The undisputed amount of fund they receive must be sent to the client.

If there is any type of dispute between you and the...
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2 Answers | Asked in Criminal Law and Real Estate Law for California on
Q: Attorney took all proceeds from my house sale, deposited it into a trust account under false pretenses. Now I'm homeless
James L. Arrasmith
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answered on Apr 28, 2024

I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.

Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

Michael Eric Kraut
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answered on May 2, 2024

I do not believe you can get a new judge under the facts you presented. However, you of course would get a continuance to prepare for trial. Your public defender should not have been handling any matter in curt without you being present.

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

James L. Arrasmith
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answered on Apr 27, 2024

Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I'm wondering if a cop could get me outside of where I was living at , about a awarrant with normal clothes.

Because the office wasn't in a police car and also had normal clothes. The reason I was scared is because without looking like a cop anymore could have said they where a police officer and want to hurt me.

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, a police officer is allowed to execute a warrant while wearing plain clothes (i.e., not in uniform). However, the officer must identify themselves as law enforcement and present official identification when serving the warrant.

If you are concerned about the legitimacy...
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1 Answer | Asked in Criminal Law for California on
Q: In California, is an officer required to provide a report and evidence from the case to a lawyer upon request?

In California, is an officer obliged to provide a lawyer with the report and evidence (photos, recordings) regarding the client's case (arrested/detained person) at his request?

Please provide the legal basis, e.g. from the Penal Code, if this is true.

James L. Arrasmith
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answered on Apr 25, 2024

In California, criminal defendants have the right to obtain discovery from the prosecution, which includes relevant police reports and evidence. This is based on the U.S. Constitution's due process protections and California state law.

Under California Penal Code Section 1054.1, the...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

James L. Arrasmith
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answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
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1 Answer | Asked in Criminal Law for California on
Q: In California, do you need to disclose misdemeanor cases expunged under 1203.4 for a school volunteer application?

The expungements were more than 7 years ago. The volunteer application has conflicting language on whether or not they need to be disclosed. That said, they don't fingerprint for this level of volunteer.

James L. Arrasmith
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answered on Apr 25, 2024

In California, the general rule is that you do not need to disclose expunged convictions when applying for most jobs or volunteer positions, especially if the convictions are more than 7 years old. This is because an expungement under California Penal Code 1203.4 effectively dismisses the... View More

1 Answer | Asked in Criminal Law for California on
Q: a lady got arrested with drugs she then blamed everything on me . can i get arrested?
James L. Arrasmith
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answered on Apr 24, 2024

Under California law, simply being accused of a crime by another person is not enough to get you arrested. For an arrest to occur, there must be probable cause to believe that you committed a crime. Probable cause is based on factual evidence, not just an accusation.

However, if the lady...
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1 Answer | Asked in Criminal Law for California on
Q: When you try to get your probation ended early, do you go before the same judge who sentenced you?
James L. Arrasmith
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answered on Apr 23, 2024

In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More

1 Answer | Asked in Criminal Law for California on
Q: being charged with theft i surrendered have not been told my charges or evidence but i have pretrial 29th help

Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More

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answered on Apr 23, 2024

I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:

1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender...
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1 Answer | Asked in Criminal Law for California on
Q: Does CA Penal Code 25610 also cover legal permanent residents?

Is there any case law and would the intent of the law include LPR?

James L. Arrasmith
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answered on Apr 23, 2024

California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.

However, federal law does...
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1 Answer | Asked in Criminal Law for California on
Q: In California, can an officer discipline a bicycle driver for not having an ID when he showed him his driver's license?
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answered on Apr 21, 2024

No, in California, a police officer cannot discipline a bicycle rider for not having an ID if the rider has already shown a valid driver's license. Here's why:

1. Bicycles are not motor vehicles under California law, so bicycle riders are not required to carry a driver's...
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1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

1 Answer | Asked in Criminal Law for California on
Q: does suspect have to file a motion in ca to get a copyof sworn statement of probable cause for the felony warrant served
James L. Arrasmith
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answered on Apr 19, 2024

In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:

"(a) The documents and records of the court relating to the warrant need not be open...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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