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California Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law for California on
Q: Hi , I got a misdemeanor citation penal code 308 (a) for selling minor tobacco what are the possible penaltie ?
David Michael Lehr
David Michael Lehr answered on Nov 27, 2020

Most of the time, the first time penalty is a fine. Jail is possible, but VERY unlikely!

Good Luck!

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2 Answers | Asked in Animal / Dog Law and Criminal Law for California on
Q: Can I find a lawyer who will take a P.I./Claim & Delivery case for a stolen cat, in California? Claim is already filed.

I need a lawyer who will take my case on contingency. My neighbor abducted my cat who played on his property. He then abandoned it in a middle of nowhere town and later erected a "No Trespassing" sign on his property. When cat went missing he refused to allow me access to a warehouse on... Read more »

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 25, 2020

You should contact your local county or state bar and ask for an attorney referral.

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1 Answer | Asked in Criminal Law for California on
Q: Is there a limitation on the money you stole?

For example, let's say the person robbed but the statute of limitation runs out on the crime. This person is off the hook for legal action but does that mean the person can keep the money they get from the crime? Now, I know if the person can prove the money didn't come from the crime... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 24, 2020

more info would be helpful............however, remember this is an open forum and police etc can read it and use what you say against you.

make an appointment with a local lawyer now. We can't repeat anything we are told in our legal capacity.

2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: A prosecutor ordered a stipulated protective order on a discovery for a federal criminal case. What does that mean?

Should the stipulated order be agreed with or should it be rejected? And what are the outcomes for either

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info needed.

did you have a lawyer? ask him/her

however, a stipulated order means that all sides have agreed upon it.

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1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

1 Answer | Asked in Criminal Law for California on
Q: Ways to find a lawyer willing to do Pro bono work (not public defender)

Is there anyway to find a list of lawyers willing to do pro bono work? in some states in the US lawyers have to do a certain amount of pro bono work however that doesnt seem to be an thing in california, I need a lawyer near sacramento and the person whom im looking for cant afford much

David Michael Lehr
David Michael Lehr answered on Nov 21, 2020

Public defenders are by far the best pro bono defense attorneys. However, local bar associations sometimes have pro bono lists.

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for California on
Q: question about finding help for friend in California

So I have a friend whom met someone on an app he pretended to be female, once he learned her name and city he found where she lived and went to her home and threatened her and her son, she did what she could to keep them both safe then once she felt she was safe as was her son she reported him to... Read more »

David Michael Lehr
David Michael Lehr answered on Nov 21, 2020

Booking can take hours. She is where the "crimes" occurred. Call a local attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for California on
Q: What lawyer can help me fight the police? They stole my car.

I purchased my car on sept and went to go register it but i couldnt because i needed smog. On 9/22 They had given me a 1 day moving permit to allow me to move my car. On 11/19 i had left my house and i get a call from my sis in law telling me the police are looking at my car and my lil brother went... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2020

more info needed.

why did the police go to your home?

what did they say was the issue?

the tow truck driver has no choice if the police tell him/her to tow it.

don't let the car sit as the daily storage fees will kill you.

2 Answers | Asked in Criminal Law for California on
Q: I had a female relative that was staying im my daughter's room. They are 2 and 6 and the relative started masterbating

They were in separate beds but literally just inches apart. My kid woke up in the middle of the night and i reviewed the camera that is in there room and thats when i saw what she was doing. And what most likely woke up my kid. I think she was on the phone when she was doing that. It disturbs me... Read more »

David Michael Lehr
David Michael Lehr answered on Nov 20, 2020

It is probably a misdemeanor sex offense. If you want the relative arrest and put in jail, then call the police. If not, tell her to knock it off!

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2 Answers | Asked in Criminal Law, Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: Is there any way extortion can be justified?

I was involved in a domestic violence/sexual assault incident with someone whom was once close to me. I wrote to him "If you do not pay me back, I will have you arrested". I did not know of extortion, so I didn't know it would be an issue until the detective on my case brought it up.... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 20, 2020

You committed extortion when you threatened to call the police if you were not paid. That does not change whether you have a meritorious and valuable legal claim for the wrongdoing that was being done. It just gives the "victim" of the extortion the right to file a lawsuit against you,... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: Can my daughter get in trouble for getting pregnant by a under age boy?

She is 19 and the boy is 15

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2020

more info needed.

does law enforcement or any county agency know about it.

has she been contacted?

when they ask for the father that may be an issue

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2 Answers | Asked in Criminal Law for California on
Q: Early in my case I had a public defender and that public defender is now turned prosecutor on the same case is it legal
David Michael Lehr
David Michael Lehr answered on Nov 19, 2020

It is unethical for a lawyer to switch sides from one to the other on the same case. In California, is actually crime. Ask your current defense attorney to have the entire prosecutor's office kicked off of the case.

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3 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Fbi goes to grand jury, grand jury decides to indite, same day FBI bring case to a Judge and gets a warrant and arrests

1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... Read more »

William John Light
William John Light answered on Nov 17, 2020

Some misconceptions:

1. Grand juries are not unconstitutional.

2. The FBI does not go to the grand jury, that is the prosecutor's job.

3. Arraignment is one of the pieces of your "due process", which continues through your trial, conviction and appeal....
Read more »

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3 Answers | Asked in Consumer Law and Criminal Law for California on
Q: Hello. Made a verbal car sale. The buyer has possession of the car but still owes over $10,000. I still have the title.
Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

Never give up the property until you get paid. You are not B of A, you don't finance loans to people for cars or anything else. Lending on cars with liens on them is a specialized field because repossession is often a problem and they have the associates that handle that, do you? Demand... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is it legal for the police to search your car after being pulled over for a license plate light being out and your D.L.

is expired ( NOT suspended ). and your NOT on parole or probation.. and handed him a valid CA identification card??

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 16, 2020

This is such a fact specific question that it cannot be answered on an online forum. You should consult with an experience criminal defense attorney.

But, for general information, here is a primer.

https://www.nolo.com/legal-encyclopedia/car-searches-following-police-stop.html

2 Answers | Asked in Criminal Law for California on
Q: A YouTube channel is claiming that there videos are real, but in fact they are fake & profiting from them how to stop it

If they are committing fraud what can i do to stop them - Have evidence, and their viewers are mostly younger

email Youtube few week & no response

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 16, 2020

Why not try to report the fraud to Youtube first.

https://support.google.com/youtube/answer/2801973?hl=en

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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: My boyfriend is a 2 striker on high level parole and recently was pulled over due to not being current with parole.

he was arrested and charges felon in pos of firearm pc25850(a)m and pc 29800(A)(1 f) and then the hs 11378 F for pos controlled substance for sale. he seems to think he is done for looking at 10+ years he has no prior gun charges what are we looking at here? how much time can he get

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2020

more info needed.

his private or public defender attorney is the best person to ask.

s/he has all the information in front of them and you don/t

3 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: if the feds arrest you without giving notice, without a trial, without ever saying a dam word, due process violated.

with the grand jury now being a grand facade, then the feds arrest you without warning, this is tyranny at the hands of government. 10th amendment protects against goverment running roughshod over the states and citizens. How is that they feds are doing just what the constitution was written to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2020

MUCH MORE INFO NEEDED.

THEY SAY A GRAND JURY WOULD PURSUE A HAM SANDWICH

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1 Answer | Asked in Criminal Law for California on
Q: My keys were stolen and the person who stole them ended up in jail my keys are in his property. How do I get them back
Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2020

i would contact the police that arrested him and ask them what do they need to release them from property........maybe show them registration/insurance for the car?

if not maybe inquire from the jail what do you have to do for release?

or find out when he is being released and obtain them then.

1 Answer | Asked in Criminal Law for California on
Q: my car keys were taken from me. The person who stole them stole a car went to jail with my keys. How do i get them back
Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2020

more info needed.

was it your car that was stolen? if show go in with registration/insurance info etc

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