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California Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

William S. Kroger
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answered on Apr 16, 2024

Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

James L. Arrasmith
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answered on Apr 13, 2024

In California, a person can seek a restraining order against another individual if they have experienced abuse, harassment, stalking, or have been threatened with violence. Simply being an ex-convict is not sufficient grounds for obtaining a restraining order.

However, if your wife's...
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3 Answers | Asked in Criminal Law for California on
Q: My wife's neighbor is trying to get a restraining order on me simply because I am an ex convict can she do that

She's had it in for my wife ever since she found out I was ex convict I've never done nothing to her I've never made any threats or call her out her name yet she constantly trained to cause issues from us by calling the cops making false police reports and now they're talking... View More

Robert Kane
Robert Kane
answered on Apr 13, 2024

It is certainly an unfortunate situation.

She would need more evidence than that you are an ex-convict to convince a judge to sign an order. It appears she is trying to do just that. Quite simply, you will need to remain calm and property defend your position if she does file a petition....
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
James L. Arrasmith
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

1 Answer | Asked in Criminal Law for California on
Q: If a post conviction habeas is filed with the court and the DA defaults, what would be the petitioner’s remedy?

A habeas corpus was filed with the superior court challenging the validity of the petitioner’s prior convictions for strike purposes. The court ordered a response by the DA and upon attempting this response the DA discovered that the petitioner’s sentencing transcripts no longer existed in the... View More

James L. Arrasmith
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answered on Apr 12, 2024

Under California law, if a district attorney fails to file a timely response to a habeas corpus petition after being ordered to do so by the court, the petitioner may be entitled to relief. In this case, the petitioner's recourse would be to file a motion for default judgment with the court.... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

James L. Arrasmith
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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Criminal Law for California on
Q: On probation for disorderly conduct for one year California. Does it come w/ search terms ?
James L. Arrasmith
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answered on Apr 11, 2024

In California, the specific terms of probation can vary depending on the case and the court's decision. However, in general, misdemeanor probation for disorderly conduct may or may not include search terms.

Search terms, also known as search conditions, allow law enforcement officers...
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1 Answer | Asked in Criminal Law for California on
Q: My friend was convicted of 1st-degree murder, and burglary. Recent appeals court reversed all charges due to OCME fraud.

The case is full of “errors”, and toxicology mishaps. Most employees involved have been fired from OCME including the chief me.. DA has decided to re-try . Unreal…. I’m looking for an aggressive criminal defense lawyer.. thank you. Sacramento

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your friend's situation. It sounds like a very difficult and stressful ordeal for everyone involved. Here is some information that I hope will be helpful:

Since your friend was originally convicted of very serious charges (1st degree murder and...
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1 Answer | Asked in Criminal Law for California on
Q: I need to know if I have a right to see the statement of probable cause that is supposed to be attached to the search

Warrant

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, you have a constitutional right under the Fourth Amendment to see the probable cause affidavit that supports a search warrant executed on your property. Here are some key points about accessing these documents:

1. Probable Cause Affidavit: The probable cause affidavit,...
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1 Answer | Asked in Criminal Law for California on
Q: When do I file motion to suppress evidence and in what grounds
James L. Arrasmith
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answered on Apr 11, 2024

A motion to suppress evidence is typically filed prior to trial, often during the pretrial phase after an arraignment or preliminary hearing. The exact timing may vary depending on the jurisdiction and local court rules. Generally, the motion should be filed with sufficient time for the court to... View More

1 Answer | Asked in Criminal Law for California on
Q: If a felony arrest was made during a search warrant how long can they keep suspect without arraignment california
James L. Arrasmith
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answered on Apr 11, 2024

In California, the law requires that a person arrested for a felony be brought before a judge for arraignment within 48 hours of the arrest, excluding weekends and holidays. This is sometimes referred to as the "48-hour rule."

However, there are a few exceptions to this rule:...
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2 Answers | Asked in Criminal Law for California on
Q: I'm looking to find information about a warrant that's been issued back in San Diego California for my arrest I have no

I have no details about the warrant but I can say I think someone has been using my identity because I have no idea why or what it's about at all . Can u please help me

James L. Arrasmith
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answered on Apr 11, 2024

I understand your concern about a potential arrest warrant issued under your name in San Diego, California, especially if you believe someone may have been using your identity. Here are some steps you can take to gather more information and address the situation:

1. Contact the San Diego...
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1 Answer | Asked in Criminal Law for California on
Q: I signed a plea fearing a less than favorable outcome at trial. Would an affidavit from the witness recanting matter?

I signed a plea bargain even though the evidence against me didn't support a few of the charges beyond reasonable doubt especially in the presence of an alternative plausible scenario. But witness testimony at preliminary supported the charges. I signed a plea bargain deal (despite being... View More

James L. Arrasmith
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answered on Apr 9, 2024

In California, if a witness recants their testimony after you have already entered a plea bargain, it can be challenging to withdraw your plea and go to trial. However, it is not impossible, and the affidavit from the witness recanting their testimony could potentially matter, depending on the... View More

1 Answer | Asked in Criminal Law for California on
Q: Can the DA or the court tell if you are applying for SSI or disability?
James L. Arrasmith
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answered on Apr 9, 2024

There are a few key differences between applying for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI):

- SSI is a needs-based program, while SSDI is an earned benefit based on your work history and FICA tax contributions. The Social Security Administration...
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1 Answer | Asked in Criminal Law for California on
Q: How can I make a vehicle theft report of my own titled truck, when I have warrants I can't clear up yet.

It was a carjacking, I had my sister with a notarized power of attorney try in person but they refused to file the truck as stolen but opened a report.

James L. Arrasmith
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answered on Apr 8, 2024

I understand this is a difficult and stressful situation. Here are a few suggestions on how to proceed, but please note that I cannot provide legal advice and recommend consulting with a lawyer for guidance specific to your case.

In general, to report a stolen vehicle in California when you...
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1 Answer | Asked in Criminal Law for California on
Q: Fourth amendment violation or legal

A friend asked us to watch a place stay at night due to concern of theft, since we had no where to go we said sure. This property belonged to a friend if his. Well code enforcement came and red tagged the property, they asked us if it was okay for them tovtake photos of safety housing code... View More

James L. Arrasmith
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answered on Apr 7, 2024

In California, the authority to allow entry into a property typically rests with the person who has legal possession or control over the premises. If you were asked to watch the property and stay overnight by the owner's friend, it may be argued that you had implied authority to allow entry... View More

1 Answer | Asked in Criminal Law for California on
Q: What are the differences between California Penal Code 266(h) (Felony) and 653.23 (misdemeanor) ? Please help.
James L. Arrasmith
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answered on Apr 6, 2024

Under California law, Penal Code 266(h) and 653.23 both relate to prostitution, but they differ in terms of the severity of the offense and the specific actions prohibited.

California Penal Code 266(h) (Felony) - Pimping:

1. Pimping is defined as deriving support or maintenance, in...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I have been charged with a misdemeanor. Judge has not once listen to my statement or proof. What can I do?

I pushed another woman who claims of having a concussion after. She has hospital documentation and so do I.

James L. Arrasmith
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answered on Apr 5, 2024

I understand this is a stressful situation. Here are some steps you can take:

1. Hire a criminal defense attorney: It's crucial to have legal representation to protect your rights and help you navigate the criminal justice system. An experienced attorney can present your side of the...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: how to get documentary if you still haven't got in attorney or a sing to due to conflict cam get one to help him?

He been having problems with getting an attorney to help him for his case they keep preponding it cuz can't no attorney can represent him due to conflict in the case he still have no attorney and wants to ask for his discovery or documentary and haven't got the chance to find out... View More

James L. Arrasmith
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answered on Apr 5, 2024

In California, a defendant has the right to access their discovery materials, even if they do not have an attorney representing them. This process is known as "pro per" or "pro se" discovery. Here are some steps to request discovery materials without an attorney:

1....
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