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California Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for California on

Q: If evidence is obtained by illegal search and seizure of A, can that evidence be used against person B.

This is hypothetical and I think Federal Law that applies to all States (In this person B did not have their rights violated) Thank you

Gary Kollin answered on May 22, 2019

It appears from the limited facts of your hypothetical that B has no standing to object to an illegal search of A

1 Answer | Asked in Criminal Law and Wrongful Death for California on

Q: why is this case necessary in times likes this

Atkins v. Virginia

Rhonda Mae Hixon answered on May 22, 2019

Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful... Read more »

2 Answers | Asked in Criminal Law for California on

Q: ln California, does statute of limitations toll for a person who was living outside the US before, during and after

I had a business in California, one of the partners took money from a vender. I was living outside the US 3 years before the crime and never moved back to the US. 6 years has gone by. Does statute of limitations toll for defendants always living out of the US?

Dale S. Gribow answered on May 21, 2019

not that i am aware of.............

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

Q: I am new to this so I don’t know where to start.

Good morning, I have a family member fighting his case. I am new to this so I am not sure what to do first. He he has been incarcerated since 2003 for a case his brother and himself committed in Modesto Ca. He already served his time for that specific case which he received a strike as well. While... Read more »

Gary Kollin answered on May 21, 2019

While the time may have expired, he needs an attorney to see if any avenue if relief exists

1 Answer | Asked in Criminal Law for California on

Q: is there any penalty for recording and distributing a minor getting beat up by another minor?

My child was attacked by another student from school and struck in the head, meanwhile another student not only recorded it but distributed it to several students from their high school as well as another school. is there any recourse for either or both?

Alexander Bakhache Perez answered on May 20, 2019

Yes you should consult with an attorney regarding this case, it would also depend on the damages/ injuries.

1 Answer | Asked in Criminal Law and Health Care Law for California on

Q: Hello my name.is heather i left more imfo below in the comment

Hello my name is heather and im looking for a pro bono lawyer i dont know what to do or how to do it but im trying to sue a hospital in san andreas mark twain hospital i dont know if ill have a case ive been there 5 times for the same thing and everytime i went there nothing was wrong and i was... Read more »

Timur Akpinar answered on May 20, 2019

You're trying to find a pro bono lawyer. It could be more practical, and simpler, for you to contact a medical malpractice lawyer and ask to discuss your matter with them. They generally work on contingency basis, and many offer free initial consults.

Tim Akpinar

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for California on

Q: In CA can bondsmen revoke bail later if they all of a sudden want another cosighner?

I cosighned for a bail paid 2000 down signed a contract and its been a week and a half since person was released. I received a call from bondsmen demanding another co-sighner. I have thoroughly read my contract and nothing in it says I need or agreed to an additional co-sighner. I even put down... Read more »

William John Light answered on May 19, 2019

You, or an attorney, would have to read the bonding agreement. It may allow for revocation of the bond in certain circumstances.

1 Answer | Asked in Criminal Law for California on

Q: What would be a reason to have charges dropped of warrant has wrong information

I was arrested for possession of a stolen vehicle this vehicle was mine pink ok no hand guy had bill of sale watch some other guy's name on it. In the warrant to arrest me they put my wife's car plate. Not my truck, and if they did a vin check on both vehicles they would come back owed by me and my... Read more »

Rhonda Mae Hixon answered on May 19, 2019

Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within... Read more »

1 Answer | Asked in Criminal Law for California on

Q: What does this mean pc.186.34(d)?

Dale S. Gribow answered on May 18, 2019

186.34 d) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person, may request information of any law enforcement agency as to whether the person is designated as a suspected gang member, associate, or affiliate in... Read more »

1 Answer | Asked in Criminal Law for California on

Q: Received a letter in mail from the local law enforcement it read pc.186.34(d) what does this mean

Im not anactive gang member

Dale S. Gribow answered on May 18, 2019

More info needed.

186.34 d) (1) (A) A person, or, if the person is under 18 years of age, his or her parent or guardian, or an attorney working on behalf of the person, may request information of any law enforcement agency as to whether the person is designated as a suspected gang member,...
Read more »

2 Answers | Asked in Criminal Law for California on

Q: What is the statute of limitations for penal code 4573.6?

Dale S. Gribow answered on May 18, 2019

Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and... Read more »

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1 Answer | Asked in Criminal Law for California on

Q: Daughter in county jail getting charged with driving car without owner permission. I am trying to get her mandatory

Rehab for drugs instead of jail time. Is this possible

Dale S. Gribow answered on May 18, 2019

MORE INFO NEEDED.

WITHOUT A LOT MORE INFO IT IS DIFFICULT TO SAY.

IT IS LIKE ASKING A DOCTOR OVER THE PHONE TO DIAGNOSIS THE PAIN IN YOUR STOMACH WITHOUT MORE INFO...........

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

Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.

She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their... Read more »

Dale S. Gribow answered on May 17, 2019

more info needed.

not only can she be charged with burglary but assault with a deadly weapon if the facts warrant it.

was she working for them at the time and is NOW a former employee or was she a former employee BEFORE the incident.

her sentence will be influenced by a...
Read more »

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1 Answer | Asked in Criminal Law for California on

Q: If the primary offense was a wobbler, reduced to a misdemeanor and offender was released on bail and then got a felony

Would it still be an enchantment

Dale S. Gribow answered on May 16, 2019

more info needed.

not sure what the charge is but if you plead or are convicted of a felony and it is one that calls for an enhancement, i would think what you plead to would control ......

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... Read more »

Kenneth Sisco answered on May 16, 2019

I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file... Read more »

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

Q: Is a clone a human and would homicide be illegal

What if I could prove there were clones surrounding me 200,000 through a diabetes test

Rhonda Mae Hixon answered on May 16, 2019

A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Probate for California on

Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a

Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »

Richard Samuel Price answered on May 16, 2019

Unfortunately, your facts doen't lend themselves to an easy answer in this format.

You'll have to call a local attorney for an appointment and bring your documents for a full consultation.

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for California on

Q: 17 and less than a month to be 18 runaway subpoenaed.

My friend is 17 and a runaway from a foster Home. They are a little under a month away from being 17 and he was subpoenaed to his uncle court date for sexual acts done to him which is why he was in foster home.. What will happen because he is a runaway and did not go to the court date?? Will he go... Read more »

Dale S. Gribow answered on May 15, 2019

much more info needed

he needs to have a consult with a lawyer in his area.

many lawyers will offer a free consult.

i would recommend he writes down a complete summary before seeing the lawyer

2 Answers | Asked in Criminal Law for California on

Q: What can I do if charges were filed against the wrong individual?

A court date has been set on May 29. I have the copy of the report related to this situation. I was told I can appear in court with an id and speak to a Patrick Hifcock but I'm new at this process and I'm not sure who to talk to

Dale S. Gribow answered on May 15, 2019

more info needed.

ideally, you should have a lawyer doing this.

assuming you are right you can add to the calendar or appear on May 29 and ask for a public defender before you say anything that could expose you........without knowing all the facts it is hard to say.

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2 Answers | Asked in Criminal Law for California on

Q: i need help with a bench warrant but i dont have legal status and i dont want to go to jail. i dont have money

Alexander Bakhache Perez answered on May 15, 2019

Yes you will need to appear in court to recall the warrant, probably need to go to Criminal Window at the courthouse with an ID and or the ticket or case # to have them pull the case for you to see a judge. Without money you may request the Public Defenders Office to represent you.

Good...
Read more »

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