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California Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for California on

Q: What happens to a person that was hospitalized and could not follow the terms of his probation? He has a bench warrant.

He served the 30 days of his sentence. His probation is up in Jan. of 2020. What becomes of his situation? What shall he shall he do?

Dale S. Gribow answered on Jul 19, 2019

more info needed.

you need to talk to a criminal lawyer......the logical person is the one that represented you on the underlying case....most lawyers will, however, provide a free consultation

chances are you lawyer will go back to court with you to get the BW quashed...
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1 Answer | Asked in Criminal Law for California on

Q: I was contacted by someone claiming to be underage, when finding them online, the person is an adult.

A person claiming to be underage was actually not on their social media. A woman contacted me through a phone app and told me to add them on Snapchat. I do not remember if they told me their age, but when I looked them up on Facebook and Instagram they have a baby. So I assumed this was the real... Read more »

Dale S. Gribow answered on Jul 18, 2019

i would hire a criminal lawyer in your city.

you attempted but did not accomplish breaking the law.

however you are a victim of blackmail and your lawyer can guide you about contacting the police about the shakedowwn

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on

Q: out on bond was searched by police and they found nothing.they charged me for possession for something 30ft away

Someone had said that a jacket was mine and the police found a gun inside. What can i do

Dale S. Gribow answered on Jul 17, 2019

hire a lawyer or request a court appt'd lawyer.

somehow they have to tie you to the jacket...........eyewit, fingerprints on the gun etc

3 Answers | Asked in Criminal Law for California on

Q: I have a $10,000 arrest warrant and a $50,000 bench warrant for not checking in can I get some legal advice

Peter Berlin answered on Jul 16, 2019

You should contact an experienced criminal attorney to discuss your warrants (as well as the underlying charge) and to make arrangements to resolve (i.e. quash/recall) your warrants and begin the process of handling your underlying criminal case.

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1 Answer | Asked in Criminal Law and Traffic Tickets for California on

Q: I just recently got pulled over going 75 on a 65 freeway. Will traffic school make it seem as if nothing happened?

After traffic school (if applicable) will anything show up on my record saying that I had received a ticket? Or will nothing appear? I live in California.

Dale S. Gribow answered on Jul 15, 2019

yes, if you qualify for traffic school it will be as if it never happened

2 Answers | Asked in Criminal Law and Federal Crimes for California on

Q: Can a sheriff while not on duty or on uniform carry his concealed weapon on his belt were is exposed for others to see?

Dale S. Gribow answered on Jul 14, 2019

more info needed.

not sure if the issue is whether it is legal but rather whether it complies with the rules of the shefiff's dept

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1 Answer | Asked in Criminal Law for California on

Q: How can I find a writ that was filed in Superior Court? I'm trying to see the original writ that was submitted.

The case is people v Edwards no. A147103. I want to see how the argument was originally made for the equal protection violation they arose.

Dale S. Gribow answered on Jul 14, 2019

more info needed.

the easiest would be to run a civil index of either plaintiff or defendant to see what one filed or what was filed against someone.

1 Answer | Asked in Criminal Law for California on

Q: If someone was accused of a crime and confessed,because he was threatened if he told ,could they change there answer?

How can someone step in and help the person being accused if they need someone to be the voice

Dale S. Gribow answered on Jul 11, 2019

more info needed.

i would not be discussing a sensitive case like this in this forum.

you need to contact a criminal lawyer for assistance.

Most will provide a free consultation.

he should not just contact the police now without some guidance.

1 Answer | Asked in Criminal Law for California on

Q: got maxed out for A two year sentence after violating probation Three tTimes did my time now. They put me back on prob

California cases none are drug related but they are making me do a program for history of drug use

Dale S. Gribow answered on Jul 9, 2019

more info needed

you need to pose this question to the lawyer of record who knows ALL the facts and can give you a reason.

2 Answers | Asked in Criminal Law, Child Custody and Civil Rights for California on

Q: I am 30 Can i sue a minor for pulling off my shorts?

I was playing in the gross area and i grab the baseball ball from kids playing there so we can play through and catch another minor came from the back and pulled off my shorts and all my private parts were visible to everyone around. It took me some sec to pull it up as i was shocked. Now everyone... Read more »

Gary Kollin answered on Jul 8, 2019

And what money are you going to be able to collect?

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1 Answer | Asked in Criminal Law for California on

Q: If found guilty of a PC 245(b) & PC12022.5(A) can you legally receive time for both, when 245(b) is clearly a element

In a 245(b) Should I be exempt from the penalty of the PC 12022.5(a) considering the gun in the 245(b) is a the element of the crime?

Wouldn't it be basically be viewed as the same charge of crime considering you cant do one without the other

Rhonda Mae Hixon answered on Jul 8, 2019

Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).

There is an exception, in subsection (d) If the firearm is used to shoot from a...
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1 Answer | Asked in Criminal Law for California on

Q: warrant. jail time?

I'm 19 and I lost my wallet a month ago and in ny wallet I had my ticket and I just found out today I missed my court date and now I have a warrant. is there any way I can explain to a judge what happend or have an extension after falling to appear to court

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced attorney asap and then consider your options.

1 Answer | Asked in Criminal Law and Immigration Law for California on

Q: is CA penal code 502 violation a aggravated felony or just CIMT for Immigration purpose?

Employee used her government computer to download pirated books on it via usb for reading (against employer policy). She violated pc 502 for personal use. Can she get deported as LPR?

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced immigration or criminal defense attorney to get the correct answer to this question.

1 Answer | Asked in Criminal Law and Social Security for California on

Q: I receive SSI. Have I committed fraud by not timely reporting a change timely?

I receive SSI (Social Security Supplemental Security Income.). I failed to report a change in a timely manner and as a result was overpaid. I did eventually report it. Just not in a timely manner. Is is problematic whether the over payment would have been discovered, expect for my bringing to the... Read more »

Marc David Pelta answered on Jul 7, 2019

More information is needed for me to correctly answer your (good) question.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Can my father raise a Cunningham issue during resentencing based on unauthorized sentence even if his case became final?

My father's case became final in 2003 making him unable to raise a Cunningham claim. My father is now going back for resentencing based on he was given an unauthorized sentence on one of his counts. Can he raise a Cunningham issue on the other counts that he was given the upper term on during the... Read more »

Marc David Pelta answered on Jul 7, 2019

More information is needed. I suggest meeting with an experienced attorney to get an opinion. I cannot answer your question without knowing more about the case.

2 Answers | Asked in Criminal Law for California on

Q: My daughter is going to be charged with embezzlement for alot of money. We don't have any money. There's no warrant .

Can she leave the state? What can I do to find out? Please help??

Dale S. Gribow answered on Jul 7, 2019

more info needed

you need to set up an appointment with a criminal defense lawyer. Most will provide a free consultation.

if you can't afford a lawyer ask for the court appt a public defender to review evidence and facts of the case.

normally until you are ordered to do or...
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3 Answers | Asked in Criminal Law for California on

Q: My husband is a convicted felon, convicted of fraud. Am I able to own a firearm?

My husband has never been convicted of violence or weapons. I live in Contra costa county, California.

Dale S. Gribow answered on Jul 5, 2019

more info needed

the problem is IF probation said he could not have a firearm in the house and you live together.

that is a question you should ask the lawyer who represented him.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on

Q: My neighbor kept throwing trash, debris, heavy objects (ie paving bricks, rocks...) into my backyard.

I've talked to them twice, called the police once. No collaboration & things just got worse, am afraid it'd escalated & someone might get hurt.

Dale S. Gribow answered on Jul 4, 2019

Take pix to gather evidence and sue in small claims for up to $10k.

before you sue consider sending a letter setting forth all that has happened and give them 10 days to remedy the situation and sue in superior court with a lawyer or small claims.

3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on

Q: What's the best way to handle an invasive/dangerous neighbor ?

My neighbor throw large & heavy objects/rubbish into my backyard, talks & police didn't help. It was their son (mentally-challenged?) who needs more & closer supervision, his parents seemed NOT doing enough to prevent these "incidents" to happen. They damaged our plants, beddings...besides the... Read more »

Gary Kollin answered on Jul 4, 2019

First, i would install a surveillance recording camera to gather evidence

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2 Answers | Asked in Criminal Law for California on

Q: What will happen during court . i was given ticket for possession .they found drug in a purse inside a backpack due to

Probation search for my son. But wasnt p.o.was another city police i didnt consent to search and not on probation myself

Dale S. Gribow answered on Jul 2, 2019

more info needed.

likely you were not given a tix but instead received a citation which is the same as an arrest.

it orders you to appear in court.

GET A LAWYER or ask for a court-appointed lawyer.

was the backpack your son's. Certainly they can probably search his...
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