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California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is CJIS data for deceased persons, such as fingerprints protected by law from being released to family?

The family member is a retired custody commander of the arresting agency, seeking the fingerprints of a deceased family member who was held in the agency custody facility.

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answered on Dec 5, 2023

Under California law, the Criminal Justice Information Services (CJIS) data, which includes fingerprints, is generally protected and not released to the public, including family members. This protection applies even after the individual's death. The primary concern is to maintain the... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: do you need an fsc to buy a black power weapon in Ca or do you need an permit form the atf TO PURCHASE A ANTIQUE WEAPON
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answered on Dec 5, 2023

In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: do you need an fsc to buy a black power weapon in Ca or do you need an permit form the atf TO PURCHASE A ANTIQUE WEAPON
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answered on Dec 5, 2023

In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I just got out of jail and my first name is misspelled wrong and how do I go about getting my ID or birth certificate
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answered on Dec 4, 2023

In California, if your first name is misspelled on your ID or birth certificate, you'll need to correct this through the appropriate government agencies. For your ID, you should contact the California Department of Motor Vehicles (DMV). For your birth certificate, you'll need to reach out... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for California on
Q: I have an inherited shotgun in CA that is unregistered and not sure what to do?

I inherited this shotgun from my father 10 years ago and was told I didn’t need to do anything since it was inherited. I’ve learned it should have been registered within 30 days. What’s the best thing for me to do? Can I still register it? Do I dispose it?

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answered on Dec 3, 2023

In California, the law requires firearms inherited or received as part of an estate to be reported and registered within 30 days. Since you inherited the shotgun 10 years ago and did not register it within this timeframe, it's important to address this situation promptly to ensure compliance... View More

3 Answers | Asked in Gov & Administrative Law for California on
Q: Do you have to pay more than one fee to respond to the same complaint in CA? For a quash and then an answer?

I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More

Robert Kane
Robert Kane
answered on Dec 3, 2023

I haven't had to do this, but you won't pay two initial filing fees. The motion fee, however, would be separate.

Motion to Quash (cancel) Service of Summons:

This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read...
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3 Answers | Asked in Gov & Administrative Law for California on
Q: Do you have to pay more than one fee to respond to the same complaint in CA? For a quash and then an answer?

I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More

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answered on Dec 3, 2023

In California, when responding to a legal complaint, different motions or responses typically require separate filing fees. If you file a motion to quash service of summons due to procedural errors, like the ones you've mentioned, there is a filing fee for this motion. Should the plaintiff... View More

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2 Answers | Asked in Employment Law, Gov & Administrative Law and Municipal Law for California on
Q: Why are off duty police officer working as partime security guard allowed to wear tax payer supplied uniforms ?

the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both

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answered on Nov 30, 2023

In California, off-duty police officers are often allowed to wear their official uniforms while working as part-time security guards due to policies set by their respective police departments. These policies are generally designed to leverage the authority and recognition associated with the police... View More

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1 Answer | Asked in Personal Injury, Health Care Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital

I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied... View More

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answered on Nov 29, 2023

The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: The Department of Motor vehicles in California, tampered with my name , i haven't change my name ...

I have a first name my last name and mother maiden for exam if Im " Joe Gutierrez (Gutierrez is my last name from my dad )Martinez (Martinez is my mother's maiden )"

so I'll be joe Gutierrez Martinez, the DMV suddenly went Joe GutierrezMartinez my last name is now one... View More

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answered on Nov 28, 2023

In California, if the Department of Motor Vehicles (DMV) has incorrectly altered your name on official documents, it's important to address this issue promptly. An error in your name can lead to various complications, including issues with your legal identity and background checks.... View More

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

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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 Gov & Administrative Law for California on
Q: After 7 years have past in California do I still have to disclose my criminal record to become a LVN?

I was convicted of elderly abuse in 2022,after probation it will be a misdemeanor offense but after 7 years do I still have to disclose my record to become a lvn in California??

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answered on Nov 27, 2023

In California, when applying for licensure as a Licensed Vocational Nurse (LVN), it's important to understand that criminal convictions, especially those involving elder abuse, are taken very seriously. The requirement to disclose your criminal record does not automatically expire after a... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Employment Law for California on
Q: Can a minor who is homeschooled work for their parents business during school hours? Also do they legally have to be pai

My boss works her minor kids during school hours for free

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answered on Nov 26, 2023

In California, the law permits minors to work in a family business, but certain conditions must be met. Firstly, the employment of the minor should not interfere with their school attendance. Homeschooled children, like others, are required to fulfill the state's educational requirements.... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: How do I go about filing a claim against a state prison for unlawful, detainer and loss of wages and property damage?

I was unlawfully detained which led me to lose my job, and my home was damaged by them

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answered on Nov 26, 2023

Under California law, filing a claim against a state prison for unlawful detention, loss of wages, and property damage involves specific steps and deadlines.

First, you must file a claim with the California Victim Compensation Board (CalVCB). This is a prerequisite for any lawsuit against a...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?

I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded... View More

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answered on Nov 23, 2023

Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I need help with social workers at EBT office who cancelled my general assistance bcs I received a stimulus check

Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an... View More

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answered on Nov 16, 2023

In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records... View More

2 Answers | Asked in Gov & Administrative Law for California on
Q: Walking on beach .Ranger gave me a citation for ccr4326a violation of posted order or special use special event .
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answered on Nov 16, 2023

In California, a citation for violating CCR 4326(a) involves disregarding a posted order or regulation related to a special use or event. If you received such a citation, review the specifics of the posted order you allegedly violated. It's important to check if there were clear signs or... View More

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: My vehicle was stolen and sold while it was reported stolen. The chp disregarded my stolen report what can I do

The chp released my vehicle from the tow yard to the people who purchased it while it was stolen and said it's not mine anymore could he do that and what can I do to get it back or the money for it because I received nothing

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answered on Nov 14, 2023

In California, if your vehicle was stolen and subsequently sold while it was reported stolen, and the California Highway Patrol (CHP) released it from the tow yard to the purchasers, you have several options. Firstly, file a complaint with the CHP regarding their handling of your stolen vehicle... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Wrongful Death for California on
Q: What kind of attorney practices in cps lawsuits my daughter was in their care when she was murdered
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answered on Nov 11, 2023

In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Gov & Administrative Law for California on
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?

Isn't the first time they've harassed us also what about constitutional rights?

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answered on Nov 10, 2023

Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have... View More

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