California Gov & Administrative Law Questions & Answers
Q: How many days do they have to do the actual autopsy after death? Shouldn’t it be done at least 48 hours after death?
Depends. The body might not even be in the coroner's custody withing 48 hours of death.
For an infant, autopsies are supposed to be completed in 24 hours. Government Code § 27491.41.
For all deaths, if the coroner is informed that a a certificate of religious belief was signed... Read more »
Q: How does this case relate to the recent court case Gamble v. United States?
What case...? The question is incomplete and, therefore, unanswerable.
Q: Falsely accusation by a co-worker. My Manager and that co-worker are best friend.
I received a falsely accused complaint from a co-worker for pushing and hitting her. The accusation in fact comes right after another co-worker complaint about her best friend (aka her direct supervisor and my supervisor) because the supervisor gave her work to the lower level employee. I belong to... Read more »
You need to speak to your union representative right away. These kinds of interpersonal conflicts are very difficult to prevail in given the politics involved and the fact that so many things are subject to interpretation. If the union does not provide you with the assistance you need, you should... Read more »
Q: Can I be deprived of personal items in a car impounded by police if I am not the registered owner?
I rent a car from an individual. The car was impounded by the Sherriff and I can't get in touch with the owner. I am being denied my personal property: cell phone, passport, work items, and clothes and food even though I can prove ownership of the items. I'm severely affected by not having my... Read more »
more info needed.
obviously you try to get them back in a nice way........if that doesn't work maybe contact politicians.
you may have to retain a lawyer to move the court for the return of your items
Q: WHAT IS A FEDERAL LIEN WITH DETENTION ? HOW DOES IT WORK? ON A AIRPLANE PRIVATELY OWNED
It means the owner of the aircraft cannot fly it without specific pre-approval from the FAA.
Q: Do you have to get drug tested for all 3 years on probation?
For California San Mateo County
more info needed.
everything is controlled by the judges orders or terms and conditions.
you should pose any questions like this to the lawyer who represented you on the case as s/he will understand the sentence.
Q: How do I obtain full disclosure on my case, specifically discovery ?
I’ve never been arrested. I want every detail from both sides from beginning to end. I believe I was kept in the dark about many things.
Unclear on what type of case this is. After discharge (firing) of your attorney, you are entitled to your file from your attorney, except the attorney work product. The return of the client’s files is covered in RPC 3-700(D)(1) which states:
“A member whose employment has terminated... Read more »
Q: Can a sb 620 be addressed on a Franklin hearing remand??
I was sentenced in 2007,when I was 19 (a youth) I received 7years for attempted murder and 25yrs to life for the gun enhancement. I have to go back for a Franklin remand can I bring up the sb 620 as well??
much more info needed.
you should pose this question to your lawyer who has your entire record and all pertinent papers in front of him/her.
if you don't have a lawyer see if the public defender would talk to you and review your factual scenario.
Q: I was convicted of a crime and feel I've been abused by the system what should I do?
Ive been a victim of malicious prosecution. Racial, bias, discriminating acts from judge, DA, Public defender, sheriff's, and a racist jury with 12 white people and 1 Hispanic. Lies under oath, couching of witnesses, who were the same sheriff's that threaten me. Then acted on those threats by... Read more »
Reach out to the ACLU [https://www.aclu.org/],
or contact the Innocence Project [https://californiainnocenceproject.org/?gclid=CjwKCAiA7vTiBRAqEiwA4NTO619-Cl7XEVBnG1ildi__nhZVMsPTWVi4E3yqcx9_XbJZE06PEobbxoC4JgQAvD_BwE]
You can copy and paste either link in your browser.... Read more »
Q: What options do I have to get The College Board to honor a legal name change for student records?
I am aware of FERPA, and that their protections generally apply to College Board records. I also know that I can't sue, only file a complaint with the Dept of Education, under FERPA. Is there any other legal option available to me? They are claiming student records more than 4 years old cannot be... Read more »
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not... Read more »
Q: Can a DA have only your witnesses excluded And only keep his witnesses? Isn't a 12 white 1 Hispanic jury bias or racial?
I've been convicted and the courts have lied denied and abused the justice system. For judicial economy. They have set fees and fines before I was even convicted. December 11th 2018 had gotten mail from Ventura County Superior Court sying if I dont pay them 6.200.00 dollars by January 11th 2019... Read more »
MUCH MORE INFO IS NEEDED TO ATTEMPT TO ADDRESS YOUR ISSUES.
THE BEST PERSON TO ASK IF YOUR LAWYER WHO HAS ALL THE INFO IN FRONT OF HIM/HER.
Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.
Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue.... Read more »
Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under... Read more »
Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?
Yes I've appeal my case and appeals court said the Supreme Court reversed and remanded it with directions. Ventura County Superior Court says it was conditionally reversed and remanded. Doesn't Supreme Court overrule Superior Court because as of January 4th 2019 they convicted me of the case and I... Read more »
Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower... Read more »
Q: Hung jury, can the judge find you guilty if your jury was dead locked?
Reading through my transcripts a friend asked if it was a jury trial? I said yea. Then he says I had a hung jury. He also tells me they should of dropped the charges. How did they convict me if my jury was deadlocked? Can a judge go ahead and find me guilty when this happens? There's so much... Read more »
more info needed
i do not know how that could happen
the best person to ask who would know all the facts is your lawyer.
what does he or she say..............
Q: If the court lied about a pitchess motion, and on appeal we we have another. Shouldn't I have a new judge
I have a court date January 4th 2019 for a new pitchess motion. And the same court house is going to do the pitchess motion. They have already lied in the first one thats why were having another. what makes you think that they won't lie in the second one? the judge which has already proven to be... Read more »
Appeals are handled by the court of appeals. This will be in a different court with different Judges.
Q: 2012,13, 15 were consaldated. Does statute of limitations matter when your not covicted until 2017? What's fair?
I was arrested in 2015 while fighting cases from 2012. then arrested again in 2013, this time I was threatened. Then in 2015 while fighting the cases from 2012,13, the same sheriff's who threatend me came back to my house May 9th 2015 where on good faith I let them in to do there job. I was... Read more »
Your claim against the police officers would be a civil claim under injury to person. You must pursue your claim within two years in the State of California. After two years, it will be difficult or impossible to make your claim.
Q: one last Marsden motion. 5 Marsden motions denied everyone. Proceeded Even when I was clearly confused? Can they do that
My public defender didn't fight for me at all. I've tried getting new Council since 2015. They said it was to late. I didn't get convicted until March 2017. They made it impossible to hire council. Same time I was looking for council same sheriff's busted my dental bridge fractured my knee in 2... Read more »
more info needed.
it sounds like something i would not handle and that you would need an appellate lawyer?
Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law...
If a government agency causes or partially is the cause for a private company to go bankrupt because of an agency decision that breaks the law or is due to malfeasance by a public official, what recourse does the business have against the government agency or the official?
It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's... Read more »
Q: Is there a timeline to serve the citation? How long does a department has to serve a citation from date of violation?
Smog check in compliance pass.
Is there a timeline the smog inspector should receive the issued citation?
Unclear what is happening here, such as: who issued the citation; what is the violation specified on the citation, etc. However, your smog inspector may know the answer to your questions. If there is a legal remedy you are seeking, you will need to consult with an attorney for an evaluation of... Read more »
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