Lawyers, Answer Questions  & Get Points Log In
COVID-19 California Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for California on
Q: If my wife or child dies as a result of the spread of COVID via an anti-vaxxer, can I sue for negligent homicide?

This assumes I can genetically trace this particular strain of covid back to the spreader.

Dale S. Gribow
Dale S. Gribow answered on Aug 24, 2021

anyone can sue at any time.

i suspect the issue will be whether you can find a lawyer to handle on a contingency or whether you could afford to fund a lawsuit................AND

whether there would be enough evidence to prevail.......my guess is you would not have the evidence.

1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for California on
Q: Landlord ?: can I technically give “1 day leases” with 0 tenant/landlord obligations to have a gathering during covid?

Technically couldn’t I give unlimited leases just for one day to have all attendees be considered “household members”

William Stanger
William Stanger answered on May 3, 2021

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.

Good luck.

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

why did you miss court date? did you not know or just forgot?

if it was a Felony it will be more serious than a misdemeanor.

you should either hire a lawyer or ask the court for a public defender. They will put the matter ON CALENDAR for the day and your...
Read more »

View More Answers

4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: My girlfriend was sentenced to serve 5 days in jail on November 13, 2020 and here she still is in jail.

She saw the judge on November 13, 2020 and was sentenced for 5 days and so her court date was moved because of COVID and her cell was quarantine and she calls me up today and said she has to stay another 14 more days because quarantine again. Her public defender wont return my calls and she is... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 9, 2020

I don't think that you have all of the facts. Check to see online if she was actually sentenced to 5 days or just made an offer. Also check for other cases. Good Luck!

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: High Risk for severe Covid, DA is recommending 6 years 8 months for 9 felony charges yet co-def got summery probation

Feb. 2020, while at court, I suffered a mild stroke, could barely form simple words, disoriented,etc. My attorney, knowing I did not want to plead guilty without a deal, entered guilty plea to 9 felony ID theft charges. I have several health issues which makes me high risk of severe Covid-19. The... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 21, 2020

If you entered a plea at a time when you were not thinking clearly due to the stroke, you might want to have your plea withdrawn. Discuss this with your lawyer. If it was a 'good deal', and there are no problems of proof,for the DA, you may not want to. You might be looking at more time... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for California on
Q: i was issued a ticket for driving on a suspended license expired registration i missed the courtdate do i have a warran

.

Douglas Hugh Ridley
Douglas Hugh Ridley answered on Sep 17, 2020

If you were issued an infraction or misdemeanor for driving on a suspended license and do not show up for the court date, the court will issue a warrant. It will probably be immediate, but there could be a slight processing delay (especially with Covid). The best solution is to go to that... Read more »

3 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: Is it against the law in CA for a neighbor to take our cat days at a time?

these crazy neighbors have been holding our cat hostage inside for days at a time. They have been positive for corona virus and I'm 7 months pregnant. I tried calling police but they said a cat isn't considered property. Its causing me a lot of stress. I though pets were property, isnt this thef?

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 8, 2020

The police are clearly just being lazy in this situation. You can call the chief and file a complaint against the officers. The squeaky wheel gets oiled the most!

To answer your question, yes, animals (cats and dogs and cows, pigs, birds, all animals, etc.) are considered property. So, the...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... Read more »

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... Read more »

Juanita Guillen
Juanita Guillen answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Due to Covid the probation and courts have been closed. They reopened without my knowledge and I missed my court date.

I called probation and left a message for her the day of my court date (a friend of mine saw I was on the list) I also called my lawyer and the court. My probation officer's voicemail said she was not back till the 18th of June and my lawyer never called me back. I was never scheduled for the... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

You need to call the criminal clerk at the county court house and tell them what you just wrote. In most counties, the procedure is to file a single page form asking the court to recall the warrant, the clerk will place your matter on the court's docket. Go to court and when your case is... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.