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California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: how to search if someone has filed a complaint on me

we are two co founders and were having a chat and during a heated argument had shouted hes an assh** and other words that followed dont remember .now he claims to have filed anincident report with san francisco or san jose police. could someone help me to how to search this so i can be prepared... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address your question about searching for a complaint filed against you:

1. Contact local police departments:

You can try contacting the San Francisco and San Jose police departments directly. Explain that you believe a complaint may have been filed against you and ask if they...
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1 Answer | Asked in Federal Crimes, Juvenile Law and Criminal Law for California on
Q: My love one in jail has an old case and he never been convicted of and the prison is denying him contact visit

My love one in jail has an old case and he never been convicted of and the prison is denying him visit of contact visit with a minor they are holding him to an old case when he was a juvenile how can we get him approve for contact visit with minors

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answered on Jul 2, 2024

Under California law, if your loved one is being denied contact visits with minors due to an old case from when he was a juvenile and has never been convicted, there are steps you can take to address this issue. Start by requesting a review of his visitation status through the prison's... View More

1 Answer | Asked in Criminal Law for California on
Q: Is there any way that I can destroy my old record I have 2 misdemeanors and it happened 2012?

I have them expunged/ dismissed but since I'm working for a care facility it will still show up in my background. I just want it to be totally removed from any government agencies. Help me pls.

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answered on Jul 1, 2024

I understand you're looking to completely remove your past misdemeanors from your record. Here's some key information about record destruction in California:

1. Expungement vs. Destruction: While you've had the records expunged/dismissed, this doesn't erase them...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Juvenile Law and Family Law for California on
Q: What began as a runaway teen turned into abduction when she returns home. How do I get the police to make arrest?

My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More

James L. Arrasmith
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answered on Jul 1, 2024

1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.

2. Escalate within the police department: Request to speak with a supervisor or the chief of...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

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answered on Jun 29, 2024

I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond:...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: what do i do ifi am being faksley accused of battery and i have to appear in court. the victom admits she lied

i akso have a witness that can testify there was no physical contact.

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to your situation:

1. Gather evidence:

- Get a written statement from the victim admitting she lied

- Obtain a statement from your witness

- Collect any other evidence supporting your innocence

2. Hire an attorney:

- A...
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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

James L. Arrasmith
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answered on Jun 28, 2024

This is a concerning situation.

Yes, you can and should file a police report for this incident. What you've described could be considered attempted assault with a vehicle, which is a serious offense.

Steps to take:

1. Call your local police non-emergency number or...
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2 Answers | Asked in Car Accidents and Criminal Law for California on
Q: Can I file a police report for my neighbor deliberately attempting to hit me with their car

I was taking out some trash, when I noticed my neighbor entering her parked vehicle. She started her vehicle, moved it

out of 1 of her 2 designated parking spaces and parked it in the other parking space. As she backed her vehicle into the parking space, I began to walk across the parking... View More

Francisco Javier Morales
Francisco Javier Morales
answered on Jul 2, 2024

Yes, you can file a police report for your neighbor deliberately attempting to hit you with their car.

Deliberately attempting to hit someone with a car constitutes an intentional act aimed at causing harm, which falls under the category of assault with a deadly weapon. Assault with a...
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1 Answer | Asked in Criminal Law and Family Law for California on
Q: I need to postpone a hearing date a procedural gun compliance.

From a Restraining order. I do not own any firearms and filed a form saying do

James L. Arrasmith
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answered on Jun 26, 2024

To postpone a hearing date for a procedural gun compliance matter in Los Angeles, CA, you'll generally need to follow these steps:

1. Determine the reason for postponement: Ensure you have a valid reason for requesting a delay.

2. Check court rules: Review local court rules...
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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Dear Ask lawyer, corrupt lawyers bought off the jury processing people to put me on a jury to intimidate me.

I contacted the judge and Attorney General because afterward, I was chased by predator and my husband was beaten and suffered severe head injuries. Who else can I contact to get justice and stop these people from doing harm to others?

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answered on Jun 26, 2024

If someone believes they have witnessed or been the victim of jury tampering, intimidation, assault, or other crimes, they should:

1. Contact local law enforcement to file a police report.

2. Inform the court where the alleged jury tampering occurred.

3. Consider contacting...
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2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need to take power of attorney away from my sister in regards to my mother(alzheimera/dimensia). Sister is abusing her

Finances and abusing my mother mentally and physically. I have contacted adult protective services with no action taken. I'm at a loss of whatcto do but something must be done

James L. Arrasmith
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answered on Jun 26, 2024

This is a serious and concerning situation. Here are some steps you might consider taking:

1. Document everything: Keep detailed records of any suspected abuse, including dates, times, and specific incidents.

2. Gather evidence: Collect any financial records, medical reports, or...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: Dude lied about threats to get RO against me. Did it to get ccw permit approved. Plans to murder me & claim self-defense

This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand this is a very serious and concerning situation. Here are some steps I would recommend:

1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.

2. Avoid contact. Do not...
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1 Answer | Asked in Criminal Law and Family Law for California on
Q: Is a judge required to disclose exculpatory evidence (s)he encounters in a related case they are not hearing?

I was wrongfully arrested and lost custody of my children temporarily. A week prior to a ruling In my custody case my judge held an ex parte meeting to announce there had been a breach in communication. The judge told all parties that he had been contacted by a county employee who spoke on behalf... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is a complex situation involving potential ethical and legal issues across family law and criminal proceedings. Here's an analysis of the key points:

1. Judicial Duty to Disclose:

Generally, judges have an ethical obligation to report misconduct they become aware of,...
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1 Answer | Asked in Criminal Law for California on
Q: An officer 'recommended' and hit and run for me to the DA. What will the process look like from here?

I was almost hit by a car and swerved and hit a telephone pole at 2:30 AM. I left my car and walked home since I was fairly close and my phone was dead. I got home and fell asleep on my bed since I had suffered a minor concussion. I went back the next morning at 7:30, spoke with authorities and... View More

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answered on Jun 24, 2024

Here's an overview of what the process may look like from this point, based on the information provided:

1. Officer's recommendation: The officer has recommended a hit and run charge to the District Attorney's (DA) office. This is not a formal charge yet, but a suggestion for...
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1 Answer | Asked in Criminal Law for California on
Q: Is it illegal to view porn outside?

Just to make it clear, I am not going to go do this, this is more to address a previous lack of attention.

When scrolling through the internet, one can end up on an explicit photo or description on their phone. Either through previous search history, screenshots, curiosity at a picture... View More

James L. Arrasmith
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answered on Jun 21, 2024

To address your question about the legality of viewing pornographic content in public in California:

In general, viewing pornography in public spaces could potentially be illegal in California under indecent exposure or disorderly conduct laws, even if unintentional. The key factors would...
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1 Answer | Asked in Criminal Law for California on
Q: i need help to keep my career as a life agent and i have felony gun charges for a weapon that’s not mine.

due to the filed charges the petitions i had submitted and that had been approved by the da where denied and now i have a warrent for my arrest . i am not guilty of anything other than giving a family member a ride and got pulled over

James L. Arrasmith
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answered on Jun 20, 2024

I understand you're in a difficult situation regarding felony gun charges and how they may impact your career as a life agent. Here's some general information that may be helpful:

1. Felony charges can indeed affect professional licenses, including those for insurance agents....
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1 Answer | Asked in Criminal Law for California on
Q: In past my friend used my car it’s been a month sense we have talked and she steals my car isn’t that a crime?

I didn’t know that my spare key I thought I’d misplaced she had actually stolen that is until I woke up and my car was gone. In the middle of the night she came with her boyfriend and stold my car after not talking to me in a month or longer. Cops say it’s not a crime is that true?

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answered on Jun 20, 2024

In California, taking someone's car without permission, especially if it involves deception or theft of a spare key, can indeed be considered a crime. This is typically classified as "grand theft auto" under California Penal Code Section 487(d)(1) if the intent to permanently deprive... View More

1 Answer | Asked in Criminal Law for California on
Q: When appeals court reverses a murder and robbery conviction due to tainted evidence and DA wants a retrial, is it

Is it the same as starting over? In other words, will there be a 995 hearing, etc? Discovery, preliminary hearing? San Francisco.

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answered on Jun 19, 2024

Under California law, when an appeals court reverses a murder and robbery conviction due to tainted evidence and the District Attorney (DA) wants a retrial, the case is essentially starting over from the beginning. This means that the defendant will be entitled to the same procedural rights as they... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: if one charge was dropped for a violation of PC 1382 speedy trial violation can I have the rest dropped for same reason?

I was involved in a criminal trial on 05/30/24, judge declared a mistrial and on that day after reviewing the case summary I seen that one of the counts was dropped due to PC 1382 violation of speedy trial rights. can I utilize that to get the rest of the counts dismissed? so I can have the whole... View More

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answered on Jun 18, 2024

Based on the information you provided, it seems that one charge in your case was dismissed due to a violation of California Penal Code Section 1382, which protects a defendant's right to a speedy trial. However, the dismissal of one charge due to a speedy trial violation does not automatically... View More

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