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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for California on
Q: My son was just sentenced to 4 years 4 months he got credit for 1105 actual days and (1/2) 2210 day he be realesd do r
Dan Moseley
Dan Moseley answered on Jan 27, 2022

Four years four months is 1580 days. If he has 1105 actual days, and received half-time, or 50% credit, he has total days of 1725, which exceeds his sentence, so it sounds like he is eligible for release. But it's the jail, or probation department, that makes the formal calculation based on... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: can they DNA test someone in prison to gather proofs? for a new case they are trying to charge that person with..

my loved one called me today and told me that he got a paper through legal mail stating that someone is going over to DNA test him because they are trying to take him back to court and charge him for a new case. can they do this? what should i do to help?

Dale S. Gribow
Dale S. Gribow answered on Jan 27, 2022

MORE INFO IS NEEDED....AND THE QUESTION SHOULD BE POSED TO HIS LAWYER.

IS HE ON PROBATION OR PAROLE?

IF THEY WANT DNA THEY CAN JUST TAKE OFF THINGS IN HIS CELL ETC

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1 Answer | Asked in Criminal Law for California on
Q: Can a court-appointed attorney enter a plea agreement without the defendants consent if not what can be done about it
Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2022

NO

you must agree

s/he can suggest/advise but not enter a plea without your consent.

you either have to sign that you agree with the plea or announce orally in front of the judge that you agree to that plea.

if you are having issues and s/h is not a public defender,...
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1 Answer | Asked in Criminal Law for California on
Q: what happens if two kids in their 20’s get detained for suspicion of breaking in an old church, but then let go

so if two kids in their 20’s try to get into a what seemed to be abandoned church, get detained, then told to leave, can one still be arrested?

Joseph Abrams
Joseph Abrams answered on Jan 25, 2022

If they were only detained and let go without being cited at all, never further happens. Also, the incident should not appear in their automated criminal record since there was no arrest.

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: out of jail on o.r fighting a case for over a year then my house was raided with no warrant is this illegal

One was later obtained hours after they went in my house without my consent

Dan Moseley
Dan Moseley answered on Jan 24, 2022

There are exceptions to the warrant requirement. Without one, evidence obtained as a result of a warrantless search of a residence is inadmissible in court. Whether an exception, or a valid warrant, made the search lawful cannot be determined without reviewing the facts of the incident, including... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
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2 Answers | Asked in Criminal Law for California on
Q: Will I get drug tested for my first court date after being caught in possession of mushrooms as a minor?

It's my first time having trouble with the law. I was caught in possession of a small amount of psilocybin mushrooms a month ago when I was a minor. I'm an adult now, but I'm not sure if that makes any difference. Will I get drug tested on my court date?

John Karas
John Karas answered on Jan 21, 2022

It's unclear from your question whether you have a court date for Arraignment set and where. Check the citation or go online on the Orange County Superior Court website and type in your case number.

If charged as an adult, your case will likely be heard at the courthouse in...
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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: can someone be arrested and kept in custody when there has been no evidence presented on the charges he was booked.

husband was arrested 3 years ago and remains incarcerated he has not been presented with the evidence incriminating him he has been told evidence was not booked.

Dan Moseley
Dan Moseley answered on Jan 17, 2022

When an in-custody felony defendant is not brought to trial within 60 days of his arraignment, the charges must be dismissed, unless there is a very good reason for a delay, or the defendant consents to a delay. Cal. Penal Code section 1382.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for California on
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?

Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 16, 2022

You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... Read more »

Dan Moseley
Dan Moseley answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

2 Answers | Asked in Criminal Law for California on
Q: What is a delayed sentancing hearing?

Is that part of the normal sentancing process?

Joseph Abrams
Joseph Abrams answered on Jan 14, 2022

Sentencing hearing dates are set based on the needs of the court, the parties, and the type of case it is. Without knowing anything about the case, it's impossible to say why the hearing would have been scheduled as a delayed hearing.

- Law Office of Joseph Abrams, Anaheim, CA

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2 Answers | Asked in Criminal Law for California on
Q: first offense for driving a stolen car they offered my a deal for a felony conviction and 90 days what should I do ?

I had no idea it was stolen I was given the keys and I was going to bring the car back

Dale S. Gribow
Dale S. Gribow answered on Jan 14, 2022

Much more info is necessary.

If you have rec’d an offer, you must have had a lawyer.

S/he has all the info and is in the best position to advise you.

Any lawyer on line will not have enough. You

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1 Answer | Asked in Native American Law, Criminal Law, Traffic Tickets and Federal Crimes for California on
Q: Can the sheriff pull you over on an Indian reservation?
Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2022

more info is needed.

if a sheriff is in pursuit, he could do so.

as a rule, it is beyond their jurisdiction and they are usually called by the tribe for booking.

however, some crimes are prosecuted by the Indian Tribe, and if so you should get a criminal lawyer with...
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1 Answer | Asked in Criminal Law for California on
Q: Im being charges with a 243(b)and a 647 (f) but never got booked and received a detention certificate what does thismean
Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2022

more info is needed.

you apparently got into an argument/fight with your significant other.

if you are charged then the police turned it over to the DA who is prosecuting you.

I assume that means charges have been filed and you have a court date?

contact a local...
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1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

2 Answers | Asked in Criminal Law for California on
Q: What if someone imports drugs from out of country?
Dale S. Gribow
Dale S. Gribow answered on Jan 12, 2022

more info is needed....but it would be illegal.

were you my client, I would advise you not to discuss something you might do that is illegal on an OPEN FORUM.

all this is discoverable and can be used against you.

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can police disregard the fact that I said they couldn't search me or my stuff because the driver is on parole?
Dan Moseley
Dan Moseley answered on Jan 12, 2022

The driver's parole status conveys no authority to police to lawfully search his passengers. If they have a factual basis for believing a passenger may be a threat, they can perform a cursory and limited check for weapons. If they have a factual basis for believing a passenger may possess... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Hello I want to become a foster parent. But my partner of 16yrs has a conviction of murder when he was 17 he's now 65.

Is there a way to get the exempt? Or turned into a lesser charge?

Dale S. Gribow
Dale S. Gribow answered on Jan 11, 2022

I'm sorry, this is not an area I have handled.

I suggest you contact a Criminal Lawyer and Family Law attorney in your area to present all the facts.

Sometimes a felony can be reduced under 17b to a misdemeanor and then under 1203 be dismissed. It depends on the facts of the...
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2 Answers | Asked in Criminal Law for California on
Q: Felon in possession of firearm, sales, transportation. How much time are they looking at?

Back passenger of a vehicle stopped for a brake light out. Last arrest was in 2012, no violence, weapons or drug charges. completely sober at arrest. Not on probation or parole and denied permission to search person or property.

Dan Moseley
Dan Moseley answered on Jan 11, 2022

Maybe no time, depending on the facts of the case. Ask a skilled criminal law defense attorney to evaluate the strengths and weaknesses of the case against you. Good luck.

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3 Answers | Asked in Criminal Law for California on
Q: In Ca, driver is on parole, pulled over for a brake lite, do the police have the right to question and search everyone?

I was arrested for some pretty serious charges the police officer stated he knew it wasn't my stuff but because it was on top of my purse and no one would claim it I had to go I think it was an illegal search though. I told them multiple times that I wanted my belongings out of the car so... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 11, 2022

More info is needed.

Make an appt with a local criminal lawyer or ask for PD

Remember there is a difference between Possession and ownership.

If it is your car they will tag YOU for possession.

Of course that doesn’t mean there is enough evidence to convict You .

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