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California Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Constitutional Law for California on
Q: Is there a federal agency with the authority to conduct administrative investigations of city police deptartaments?

Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More

James L. Arrasmith
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answered on Nov 27, 2023

Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: how can an inmate remove an account of arson off of their record, in order to apply to a fire camp

An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible

James L. Arrasmith
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answered on Nov 22, 2023

In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited.

Firstly, you should...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for California on
Q: Charges for husband Was sleep inside his car at a local gas station I woke up to someone 207(A),209(B)(1),236.1(C)(2

For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area

Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help

James L. Arrasmith
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answered on Oct 30, 2023

Under California law, the charges mentioned refer to:

1. 207(a) – Kidnapping

2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act

3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act.

The...
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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: A motion to vacate was file and granted. Can the motion be withdrawn if I change my mind to proceed to trial?

If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?

James L. Arrasmith
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answered on Oct 26, 2023

In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request.

If you...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for California on
Q: I want to know how can I get justice? How? And if it's even possible? I just want to know some lawyers opinion/answer

How do a person address a police officer coming to your childs elementary school in a poor area of the city and show a classroom of children a video of children putting that clear grey glue that was in like a tin container inside a paper bag and get high and those children in that class didn't... View More

James L. Arrasmith
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answered on Oct 18, 2023

In California, seeking justice for such an incident would involve multiple considerations. First, the statute of limitations is a crucial factor, as claims relating to personal injury typically have a two-year limit from the date of injury. Given that this incident occurred over thirty years ago,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: first step act I am facing federal charges 18 usc 924 c 1, 18 usc 922g, 21 usc 841 a ,1. I haven’t been sentence help
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answered on Oct 18, 2023

Facing federal charges under 18 USC 924(c)(1), 18 USC 922(g), and 21 USC 841(a)(1) is a serious matter. These statutes pertain to firearm offenses and drug distribution, respectively. It is crucial to consult with an attorney who has experience in federal criminal defense as soon as possible.... View More

2 Answers | Asked in Family Law, Federal Crimes, Identity Theft and Criminal Law for California on
Q: In California can your husband cash in your IRA early and take the money for himself
John Michael Frick
John Michael Frick
answered on Oct 9, 2023

No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.

Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their...
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2 Answers | Asked in Family Law, Federal Crimes, Identity Theft and Criminal Law for California on
Q: In California can your husband cash in your IRA early and take the money for himself
James L. Arrasmith
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answered on Oct 9, 2023

In California, an Individual Retirement Account (IRA) is generally considered separate property, unless contributions were made during the marriage using community funds, in which case it can be partially community property. If the IRA is solely in your name, your husband does not have the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for California on
Q: I had my rights violated by an officer of california. I was on misdemeanor informal unsupervised probation.....

With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More

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answered on Sep 19, 2023

If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for California on
Q: in California if i was caught concealed carrying a antique firearm what would happen

Im 18, the county is fresno county, the antique firearm was a cap and ball revolver and loaded, and i have a history of being comitted to mental institutions more than once a year for mental illness as a minor,

I concealed carried it for self defense because i cannot legally own a modern... View More

James L. Arrasmith
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answered on Sep 5, 2023

In California, carrying a concealed loaded firearm without a permit is generally illegal, even if the firearm is antique. Your age and history of mental illness could further complicate the situation and make it more likely that you'll face criminal charges. Depending on the specific... View More

1 Answer | Asked in Federal Crimes and Criminal Law for California on
Q: I just got 2 citations at Death valley National park under - "36 CFR § 4.12" and "36 CFR 1.5"

I just got 2 citations at Death valley National park under - "36 CFR § 4.12 (TCD Signs)" and "36 CFR 1.5 (Closure Violation". When I looked online, it seems like both are Class-B misdemeanors. What are my options, do I need to hire a lawyer and is there a jail time even if I pay the fee. Thank you

James L. Arrasmith
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answered on Sep 5, 2023

Under California law, Class-B misdemeanors in federal parks can result in a fine, community service, or imprisonment for up to six months. Hiring an attorney could provide you with legal advice tailored to your specific situation, including defenses or negotiation options that may be available to... View More

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: I have a felony for drug importation, can it be dropped to a misdemeanor after probation?

Had no further run ins with the law and haven’t failed any probation requirements.

James L. Arrasmith
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answered on Sep 2, 2023

In California, some felonies can be reduced to misdemeanors under Penal Code Section 17(b), but drug importation is generally considered a serious felony and may not be eligible for such reduction. Completion of probation alone does not guarantee that your felony will be reduced; you would need to... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: I was arrested but charges dropped and case dismissed, do I now have a criminal record that will affect job hunting?

I was falsely accused of domestic violence and in CA. It is law for an arrest to take place when domestic violence is reported

James L. Arrasmith
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answered on Sep 2, 2023

In California, an arrest without a conviction can still appear on criminal background checks, which could potentially affect your job prospects. However, you have the option to petition the court for a factual innocence finding, which, if granted, would seal and destroy the arrest record. Employers... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for California on
Q: If you marry someone who is NOT a U.S. citizen, who committed a violent crime (murder & rape) will they be automatically

Deported back to their original country following the end of them serving their sentence? If they marry a U.S. citizen while incarcerated in a U.S. prison will they still be deported because of the nature of the crime? Will marrying have any affect on the U.S. citizen who married them? Like will... View More

James L. Arrasmith
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answered on Aug 27, 2023

Marrying a U.S. citizen does not grant an immigrant automatic protection from deportation, especially if they've committed a serious crime. Crimes of moral turpitude, including murder and rape, are grounds for deportation under U.S. immigration laws, even if the individual marries a U.S.... View More

3 Answers | Asked in Personal Injury, Criminal Law, Employment Law and Federal Crimes for California on
Q: as a customer can I demand compensation? Or have a settlement with them?

If a firm hires someone who is a fugitive (fraud). (a world wide company in education ). I will inform the authorities but as a customer can I demand compensation? Or have a settlement with them?

Neil Pedersen
Neil Pedersen
answered on Aug 16, 2023

If a customer of a business is harmed by one of its employees who is acting in the course and scope of his employment, then there would likely be liability to the company. If the company had no idea it hired a criminal, and that criminal engages in criminal activity while employed, the company is... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: My Mercedes Benz was stolen by a homeless woman 3 months ago.and is driving my car like it is hers

The APD police department report listed false information about my car and has redacted the suspect's personal information...is she a CI?

James L. Arrasmith
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answered on Aug 15, 2023

In California, I recommend contacting the local police department to obtain accurate information about the status of your stolen vehicle case and any investigation updates. It's important to work with law enforcement to address the situation and provide any necessary information to help... View More

2 Answers | Asked in Banking, Federal Crimes and White Collar Crime for California on
Q: Can a bank deny me paperwork

I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal... View More

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answered on Aug 15, 2023

In California, banks have a duty to protect their customers' accounts and information, and they should take appropriate measures to address fraudulent activity. Denying you access to essential paperwork related to your account and the fraudulent activity could raise concerns about their... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Hello, My nephew is a convicted sex offender in Ohio Crime: 2907.321 - Pandering Obscenity Involving a Minor.

I am trying to get the specifics of this offense. I only have the information from the sex offender registry and his name. Is this information publicly available? I searched on PACER to no avail. How might I go about this? Thank you!

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answered on Jul 25, 2023

The specifics of a criminal offense, including the charges and details of the case, are generally considered public records and may be accessible through the appropriate Ohio law enforcement agencies, court records, or online databases. You may need to visit the local courthouse or contact the Ohio... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Mergers & Acquisitions for California on
Q: I owe federal restitution, over $100k, but the corporate victim was bought by another corporation, so I still owe?

$36k was originally recovered but I’m still paying for that as well.

James L. Arrasmith
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answered on Jun 22, 2023

If you owe federal restitution, it's likely that the obligation remains even if the corporate victim was bought by another corporation. Changes in ownership or corporate restructuring usually don't affect your responsibility to repay the restitution. It's important to consult with a... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for California on
Q: Plain view doctrine, horton 3 prong. A gun in plain view is not inherently illegal?

In a previous question I covered the prolonged investigatory detainment. I was detained due to a call in about a person not matching my description, manager also confirmed I wasn't the reason for the call... they saw a gun in my car. entered the car and conducted what I'm calling an... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

People don't like attorneys because we take facts like these and point out how complex the legal issues are. Non attorneys just want to get to the point and not hear about all the potential issues. You really need to consult with a Criminal Defense attorney, particularly if you were charges... View More

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