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California Criminal Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law, Civil Litigation and Criminal Law for California on
Q: Arrested for disturbing peace after a protest despite complying with police; how to request charge dismissal before arraignment?

While participating in a peaceful protest on a public sidewalk in my city against ICE agents at a local hotel, the police instructed us to stop making noise, which I complied with. However, I stayed in place holding a sign and was subsequently arrested for disturbing the peace under 415 PC, despite... View More

Chris  Nalchadjian
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answered on Jun 30, 2025

Based on the details you shared: To request the dismissal of charges before your arraignment, your attorney can file a motion arguing that there was no probable cause for your arrest under Penal Code 415. Since you complied with the police by stopping noise and were simply standing peacefully with... View More

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2 Answers | Asked in Civil Litigation, Criminal Law and Contracts for California on
Q: Can I file a police report for jewelry not returned after repairs in California?

I left jewelry for repairs a year ago with no contract or written agreement, and I haven't received it back because the person responsible always comes up with excuses like being sick. If I send a demand letter by Certified Mail and get no response, can I file a police report for theft?

Chris  Nalchadjian
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answered on Jun 30, 2025

Based on the detqails you prived:

Yes, you can file a police report in California if you believe your jewelry is being wrongfully withheld. Although there was no written contract, you may still have a valid claim under a verbal agreement and the legal principle of bailment, which applies...
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3 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: Should we trust the public defender's advice to avoid trial in my daughter's case?

I'm concerned about my 15-year-old daughter's legal situation. She was charged after an incident where a male student threatened her. The public defender advises against going to trial due to the seriousness of the charge under paragraph 1 245(a)(1) and suggests accepting a... View More

Dan Moseley
Dan Moseley
answered on Jun 28, 2025

Your question raises a number of issues. First, trust is central to the lawer-client relationship; when this is weak or absent, the client needs to find another lawyer. Second, a defendant will not get a reliable second-opinion without first dismissing her current attorney and then hiring a new... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: How to recant a DV statement made while intoxicated in CA?

I initially reported to the police that my fiancé was hitting me, resulting in him being charged with felony domestic violence. I admitted this while severely intoxicated, leading to my own charge of public intoxication. The incident involved a fight between my fiancé and another person who... View More

Michael J. McConnell
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answered on Jun 16, 2025

Even with the recanted statement, the decision of whether to pursue the case will still rest with the prosecutor. With that said, if they have been informed of the desire to recant AND the issue of intoxication as you mentioned in your question, they have a duty to disclose that to the accused. A... View More

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3 Answers | Asked in Workers' Compensation, White Collar Crime, Personal Injury and Criminal Law for California on
Q: How to address false workers' comp records affecting my ongoing case in California?

I have an ongoing workers' compensation case due to severe injuries, including ruptured ankle ligaments, nerve compression, and various injuries to my knee and foot. Although I provided accurate medical records through a copy service, the workers' comp company has submitted false records,... View More

Dennis Dascanio
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answered on Jun 12, 2025

Dear injured worker,

Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was...
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3 Answers | Asked in Civil Rights and Criminal Law for California on
Q: Is it legal for a prosecutor to threaten to double my time during a prelim if found guilty?

During a preliminary hearing, the prosecutor casually placed a post-it note on the table that said, "When you're found guilty I'm going to double your time." The public defender was joking with the prosecutor and did not report this. I feel intimidated and concerned that their... View More

Dan Moseley
Dan Moseley
answered on Jun 9, 2025

A defendant represented by a court-appointed attorney has the right to ask the court to conduct a "Marsden Hearing" for purposes of appointing a different attorney. At the hearing, the court will ask the defendant to explain why he is making this request, and at that point a statement... View More

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3 Answers | Asked in Civil Rights and Criminal Law for California on
Q: Is it legal for a prosecutor to threaten to double my time during a prelim if found guilty?

During a preliminary hearing, the prosecutor casually placed a post-it note on the table that said, "When you're found guilty I'm going to double your time." The public defender was joking with the prosecutor and did not report this. I feel intimidated and concerned that their... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 9, 2025

A prosecutor has no power to add to or subtract from time served. That is up to the judge who hears your case, and depends on whether you are convicted or not. This sounds like an intimidation tactic by the deputy DA, and you should feel perfectly comfortable with your appointed public defender to... View More

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2 Answers | Asked in Criminal Law for California on
Q: How can I find out the detailed charges against me in Rancho Cucamonga Court?

I want to find out the case charges against me. I've been officially notified of the charges but haven't received detailed information yet. The case is in Rancho Cucamonga Court, with a court date on 6/17/25. How can I get detailed information about the charges and case against me?

Dan Moseley
Dan Moseley
answered on Jun 6, 2025

When you go to court on 6/17 for your arraignment, you can get a copy from your court-appointed lawyer, who will be given copies of the complaint and police report at that time. A privately-hired attorney may be able to obtain those documents for you before the arraignment on 6/17. You can also... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Criminal Law for California on
Q: Assaulted by Home Depot employee with garden hoe, seeking legal advice.

I was assaulted by a Home Depot employee with a garden hoe, resulting in bleeding. There is a police report, a parking lot spotter, and multiple witnesses to the incident. I did not seek medical attention, but a police officer observed my injuries. I want guidance on pursuing legal action and... View More

Emery Brett Ledger
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answered on Jun 4, 2025

I'm sorry to hear about what happened. Based on the facts you shared—being assaulted by a Home Depot employee with a garden hoe, resulting in visible injury documented by police and witnesses—you may have grounds for a civil lawsuit.

In California, you can potentially pursue...
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5 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for California on
Q: Should I confess or deny involvement after leaving accident scene?

I left the scene of a 5-car accident over two months ago in California, where three people were injured. The car is registered and insured in my parents' name, who live out of state. My father, who is not familiar with California laws, informed the insurance agency that I was driving at the... View More

Emery Brett Ledger
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answered on Jun 3, 2025

Thanks for sharing those details—this is a serious situation with potential legal consequences, and I want to be clear and supportive here.

Since this happened in California, where we are licensed, I can tell you that leaving the scene of an accident—especially one involving...
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5 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for California on
Q: Should I confess or deny involvement after leaving accident scene?

I left the scene of a 5-car accident over two months ago in California, where three people were injured. The car is registered and insured in my parents' name, who live out of state. My father, who is not familiar with California laws, informed the insurance agency that I was driving at the... View More

Adam Klugman
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answered on Jun 3, 2025

If you left the scene without giving your name, contact info, or insurance info to the other drivers, or if you didn't contact the police if you were unable to give your info to the drivers, you could be charged with the crime of leaving the scene of an accident under California Vehicle Code... View More

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5 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for California on
Q: Should I confess or deny involvement after leaving accident scene?

I left the scene of a 5-car accident over two months ago in California, where three people were injured. The car is registered and insured in my parents' name, who live out of state. My father, who is not familiar with California laws, informed the insurance agency that I was driving at the... View More

William John Light
William John Light
answered on Jun 3, 2025

1. Hire a criminal defense attorney. You have admitted to hit and run, which is potentially a felony. 2. Start cooperating with your insurance company. You and your father have a contractual obligation to do so. If you do not, your insurer can refuse to defend or indemnify you, leaving you... View More

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2 Answers | Asked in Civil Rights, Employment Law, White Collar Crime and Criminal Law for California on
Q: Seeking legal advice on extortion, compensation for emotional distress, civil rights violations, favoritism, manipulation, ageism discrimination in California.

I am experiencing ageism, favoritism, and manipulation, and I cannot seem to get justice on my behalf. Since April 2023, I have reported the situation to the police, but they claim they cannot do anything. I have evidence, including pictures and video recordings, of individuals supporting and... View More

Mario Tafur
Mario Tafur
answered on Jun 2, 2025

To address your legal concerns effectively, consider the following steps:

Extortion: Consult with an attorney to evaluate your evidence and determine whether to pursue criminal charges through law enforcement or civil remedies under California Civil Code §§ 1566–1570, which address...
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Q: How can I protect myself and prove fake names without violating HIPAA in California?

I'm a Licensed Vocational Nurse (LVN) and I've been noticing that my facility has been allegedly committing insurance fraud for the past 10 months by accepting clients under fake names. I've also been asked to alter withdrawal scales and breathalyzer or drug screening results.... View More

William John Light
William John Light
answered on Jun 1, 2025

Unclear to whom you are reporting. 1. Work your way up the chain of command. 2. Contact the licensing agency for your facility. As a whistleblower, you should be protected from adverse employment actions, and if that is violated, you may have a lawsuit.

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2 Answers | Asked in Criminal Law for California on
Q: Warrant issued for burglary & theft with no court dates set in California.

I was initially charged with burglary in the second degree, but when I went to court, the DA hadn't filed the charges. Now I've discovered there is a warrant for my arrest for burglary in the second degree and a petty theft misdemeanor, with a $20,000 bond. I'm not aware of any court... View More

Adam Klugman
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answered on May 24, 2025

It is common for the OC District Attorney to act in this fashion. Someone gets arrested or cited and released with an appearance date for court. The person shows up and chargers are not yet filed. Either the police havent's submitted the file to the DA on time or the assigned DA has not gotten... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for California on
Q: Victim rights in charge reduction plea in CA burglary case.

I am the victim in a home burglary case from three years ago. The suspect was charged with first-degree felony burglary, but now the prosecutor and the defendant’s public defender are negotiating to reduce the charge to second-degree burglary without my consent. They insist on a quick response,... View More

Louis George Fazzi
Louis George Fazzi
answered on May 18, 2025

I can't imagine what it must feel like to be a victim in these circumstances. Here are some things you should know.

1. The prosecutor represents the People and not you personally, and has many competing interests driving any decisions made in the defendant's case. Among these are...
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3 Answers | Asked in Elder Law, Estate Planning, Civil Litigation, White Collar Crime and Criminal Law for California on
Q: Seeking legal guidance to protect elderly parents from financial abuse and undue influence by unstable sister in California.

I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of... View More

Klaus Gottlieb
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answered on May 16, 2025

You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags.

You should...
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3 Answers | Asked in Education Law, Personal Injury, Civil Rights and Criminal Law for California on
Q: What legal options exist when a child is injured at school and receives inadequate response from authorities?

My 7th grade child was injured by a razor blade at school, brought by another student who was only suspended for a couple of days. Upon returning, the student continued to sit next to my child and made threatening remarks. When my child reported the threats to the vice principal, she was advised to... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 13, 2025

Per Education Code section 48915, a student that possess a dangerous object must be recommended for expulsion unless the school/district determines another means of correction is appropriate. The district holds the power to determine discipline and seems to have rejected exclusion at this time,... View More

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2 Answers | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for California on
Q: Can I be evicted for alleged drug activity without proof?

Can I be evicted for an alleged incurable breach of covenant related to illegal drug activity, even if there is no proof? I have never been convicted of drug-related offenses and have received a 3-day notice to quit for the breach without any prior communication from my landlord.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 9, 2025

If there is absolutely no evidence, then you can not be evicted for violating your rental agreement. However, there is no requirement that the evidence includes a criminal conviction. If you contest the eviction in court, the landlord will have to prove that it is more likely than not that you... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can an ex-boyfriend's refusal to leave after invitation revocation be trespassing?

If you invited your ex-boyfriend into your home but later revoked the invitation and asked him to leave, he refused and became aggressive, leading to a physical altercation where I used pepper spray in self-defense. Law enforcement responded to a 911 call and arrested me for domestic violence.... View More

Robert Kane
Robert Kane
answered on Apr 27, 2025

Yes. An ex-boyfriend's refusal to leave after invitation revocation can be trespassing. This doesn't mean you can just bear-mace him. You didn't mention why you asked him to leave. The police and prosecutor have determined you broke the law. You will need to convince the jury otherwise.

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