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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: Car on investigative hold.

If no charges how long do I wait, this is getting extremely expensive, hard to get to work, school, and appointments as they won't give me my car and said it's still being held for evidence and there is no investigator assigned to it yet because there is a different case that's more important than... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 19, 2019

First of all, what type of offense did the boyfriend commit? Was it a Hit & Run or a DUI with an accident or something more serious like a robbery.

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2 Answers | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: Does my situation merit contacting an attorney, contacting law enforcement or both? Whom else should I contact?

I asked a surgeon to inject dermal filler into my lips. Instead of the usual technique of injecting fillers, he proceeded to do eight rapid stabs in the area around my lips. Nothing was injected, nothing could have been injected. He put a gauze bandage wad over my mouth and told me to apply... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 19, 2019

You could have a medical malpractice case. What are your damages? It's probably something you will have a very hard time finding an attorney to help you with. But you should report them to whatever agency over sees such activities.

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2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: My son is 16 years old recently went to jail for getting in a fight at school he is on probation but I have the video

and in video you can clearly see they get in verbal but nothing else only security pepper spray my son is this even legal

Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2019

more info needed.

does the video show everything from beginning to end?

there is a difference between criminal law violations and violations of school rules and ordinances.

what is he on probation for?

if you are on violation for something that warns you of jail if x...
Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I got a letter from the district att. on a charge from 6 mo. ago that requires a book and release at the jail, WHY?

also states mandatory before a plea can be accepted, which is not the first court proceeding anyway and there is no case # and why do I feel like I'm convicting myself because someone else didn't do their job ive gotten tickets before for misd. and never had to go to a jail to book and release... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2019

more info needed.

you don't get a court appointed lawyer until the arraignment. Ask for one then.

you might try to contact the PD's office now for advice.

i would write out all the info ahead of time. Most court appointed lawyers don't have a lot of time to spend on each...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: why do I have to go and book and release myself for a ticket that didn't even get filed for 6 months

a misd. that I'm going to fight for 2 reasons, one just walking down the road does not constitute a search of my body and belongings even on summary probation ther has to be evidence that some crime is being committed and summary prob, does not justifie a full on searcjh for no reason ,wast is... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2019

more info needed.

it probably wasn't a ticket but rather a citation to appear.

if there was a delay in filing, that happens.

if you didn't appear on the date noted, a bench warrant would have been issued.

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2 Answers | Asked in Criminal Law for California on
Q: can the police arrest me for grand theft auto when im only guilty of moving the vehicle
Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2019

it will depend on the facts of the case.

more info needed.

did you move it from the home of the Victim?

how far?

did you have a key?

did you know the V?

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2 Answers | Asked in Criminal Law for California on
Q: what is a DA number assigned for?
Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2019

more info needed.

i do not understand the question?

what DA #?

do you mean court #?

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3 Answers | Asked in Criminal Law for California on
Q: If I was charged with a felony hit and run and I was on unsupervised probation what are my punishment?

There was mild traumatic brain injury to my passenger. I was not under the influence and I dont have a license. I'm 18 years old. I did call 911 to bring help to passenger but I panicked and went to get help from mom.

William M. Weinberg
William M. Weinberg answered on Nov 17, 2019

You could be punished both for the new crime and buy additional time remaining on the probation case. I strongly recommend not commenting any further about details and hiring an attorney right away. Sounds like he did a lot of good things at the beginning that may help you at the end.

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1 Answer | Asked in Criminal Law for California on
Q: I was raped 10/27/19. One day later, I went to my fam doc & to my MFT and neither med prof. made the required report. ??

Under CA law isn’t this required. If I’m pressing charges, wouldn’t this help me with my prosecution of the perpetrator? My MFT thinks that her talking to police is NOT IN MY BEST INTEREST? I do not understand, does she not believe me????

Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2019

more info needed.

i assume you made a police report? if so call them to add to the report.

1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Federal Crimes for California on
Q: A student just threatened to break my nose several times. What are my rights? Should I leave and go to HR or the police?

I am a 1-1 instructional aide for a high school boy with an IEP. He has a history of violence and aggression. Recently, He is out of control and has threatened to physically harm me more than once. His parents are aware and apologetic. They would like him moved to another school that specializes... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

this is not a legal question but rather a practical one.

i would contact administration and or police for assistance.

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for California on
Q: A student has threatened to assault me several times, Will I be punished for leaving work he is removed?

I’m a 1-1 and am required to follow him everywhere throughout the day but he is increasingly defiant and making threats. I recently took several days off and often see a therapist for the issues I have with this kid. The school hasn’t given him repercussions and I don’t feel safe but can not... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

what is a 1-1?

this is not a legal question.

i would discuss with administration and maybe ask for another person to follow etc

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for California on
Q: In the state of CA are immediate family members allowed to work for the same police force and day?
Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

not sure it would be so much of a law, but rather a policy issue of a county.

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you

On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick". I let him come back to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 13, 2019

More info needed. You should discuss this with your son's lawyer. He either hired a private lawyer or a PD was appointed. That lawyer will have ALL the info in front of him/her.

it is not up to you to dismiss.

the Victim is the People of the State of California.

after an...
Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Can my husband be arrested for marital rape if I have 100’s of text messages between us of him semi admitting to it

I’m scared to go forward with reporting years of sexual abuse, I haven’t even posted this yet and I’m already getting shaky from nerves, but I need to know that if I report him he can no longer come after me and harm me or my children. He’s a covert narcissist and he’s destroying every... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

Can he be arrested, it sounds like it. How and whether it proceeds to criminal charges is up to the District Attorney.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Can the jurors wear attire with the plaintiffs pictures on them . Also can jurors wear attire with " Black Lives Matter

Foreman and a few other jurors whore attire with Black Lives Matter and plaintiffs pictures on the clothing during. Court trial hearings

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

i have never heard of a court/judge allowing that........

check with the lawyer who handled the case for his/her opinion......as they have ALL the facts.

i suspect that must have argued that in chambers to the judge!

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2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

more info needed.

you should have a lawyer guiding and representing you.

i don't do that area of law.

hire a lawyer who does probate litigation for the court in question.

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3 Answers | Asked in Criminal Law and Probate for California on
Q: What type of lawyer handles contempt charges in probate court?
Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A probate litigation attorney.

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3 Answers | Asked in Criminal Law for California on
Q: What does penal cold 3700.5 code have to do with penal code 1524
Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

California Labor Code makes failure to have workers' compensation a misdemeanor under Section 3700.5. ... Failure to comply with the stop order is a misdemeanor and punishable by up to 60 days in county jail, a fine up to $10,000, or both.

Penal Code § 1524 CaIECPA California Electronic...
Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Can I charge some for stealing or otherwise unknowingly buying my cat and refusing to return him?
Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2019

CLEARLY YOU CAN FILE IN CIVIL COURT.

THE FACTS WOULD DETERMINE IF A CRIMINAL FILING WOULD BE ACCEPTED BY THE DA.

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2 Answers | Asked in Criminal Law for California on
Q: Okay so I was wondering if they this cop did an unlawful search of my vehicle.

I was pulled over because supposedly i made a left turn in a straight lane. But in my defense I didnt see any road marks and i even used my blinker. Anyways she asked me for my is or drivers license which I didnt have cause i left my wallet at the hotel room like a dummy. She said had me get out... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 11, 2019

Unfortunately, the law allows the officer to search for your license or ID. Of course there are limits to where they can search.

You should consult with a lawyer in your area immediately; most offer free consultations.

Good luck!

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