California Recent Legal Answers from Lawyers

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California Recent Legal Answers from Lawyers
Page 2 of lawyers' answers to legal questions about California.

Recent Legal Answers

I need to sue

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
I am sorry this happened to you.  However, what is your question?
I am sorry this happened to you.  However, what is your question?

Can I sue my mom for emotional distress

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Personal Injury
This is a personal injury concern?  I do not understand how the alleged abuse may be criminal.
This is a personal injury concern?  I do not understand how the alleged abuse may be criminal.
That is speculative.  You would need to ensure you report the crime and possibly hire an attorney with the skill to try and advocate for you to get it back from whatever entity.
That is speculative.  You would need to ensure you report the crime and possibly hire an attorney with the skill to try and advocate for you to... Read Answer
It is unfortunate they engaged in this kind of behavior.  But what is your question?  I know that law enforcement in the metro-Sacramento area takes their jobs seriuosly if you make a police report.
It is unfortunate they engaged in this kind of behavior.  But what is your question?  I know that law enforcement in the metro-Sacramento... Read Answer

Letters cease and desist or warning

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Juvenile Law
Yes, I would be happy to consider, but would first need to meet with you to see if we would have a good attorney-client relationship.
Yes, I would be happy to consider, but would first need to meet with you to see if we would have a good attorney-client relationship.
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless, a good criminal defense attorney experienced in juvenile defense should nbe consulted as soon as possible.  You son does have rights.
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless,... Read Answer

Domestic violence

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
If you were properly served the subpoena then it is a valid court order you must comply with.
If you were properly served the subpoena then it is a valid court order you must comply with.

Can my husband br charged with child molestation?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
Yes, it is illegal and should be reported to CPS and law enforcement.
Yes, it is illegal and should be reported to CPS and law enforcement.

What charges would be brought against individual?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal defense litigator then I think it would give you more clarity as to what your options as a victim might be.  What the District Attorney’s Office decides to charge is up to a charging Deputy DA.  However, you can try and contact that DDA via the victim-witness section of the office.  You could also hire counsel to do it for you.  Do you have medical records of your injuries that required treatment?  You have options.... Read Answer
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal... Read Answer

Public defender wants to take DUI to trial.

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry this happened to you.  However, I do not understand your question.
I am sorry this happened to you.  However, I do not understand your question.

is it a such thing as misdemeanor starting a fire

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could make another such burning a misdemeanor.
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could... Read Answer
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it is best to consult with an experienced criminal defense attorney whose opinion you trust.
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it... Read Answer
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal for payment, I think that is something you can address in a confidential setting.
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal... Read Answer

Wrongfuly put in jail for a something I didn't do

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
You should share this evidence with the lawyer representing you in court.
You should share this evidence with the lawyer representing you in court.

Can I revoke my page from guilty to not guilty

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.

restraining order to stop ex boyfriend from contacting me?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.

can i get a restraining order?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
Yes, you do.
Yes, you do.
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
What is an LO?  Without the benefit of reading his court or client-file the answer to your question is not a clear one at this time.
What is an LO?  Without the benefit of reading his court or client-file the answer to your question is not a clear one at this time.
What do you mean by "if".  Is the situation you are describing what happened to him?  He should consult with his lawyer.  If he does ot have one or wants to get a second opinion then hiring an attorney admitted to practice in that Federal District is an important first step.
What do you mean by "if".  Is the situation you are describing what happened to him?  He should consult with his lawyer.  If he does... Read Answer
This is a police misconduct or personal injury matter, not a criminal one
This is a police misconduct or personal injury matter, not a criminal one

How much time am I looking at with 2 strikes in ca? Can bail be reduced?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal felony case that can have some long term if not lifelong consequences.  
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal... Read Answer

I have had a restraining order filed against me under false accusations.

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you can do it, but it also comes with the risk that you may make it worse or not help yourself in the way you would prefer.  Experienced counsel in restraining order cases should be able to advise you.  As to "clearing your name", I am unclear what you mean by that.  ... Read Answer
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you... Read Answer
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence.  However, your question is not clear.  
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence. ... Read Answer
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even an experienced criminal defense lawyer cannot tell you what to expect at this point.  If you need more information then of course you should consider consulting with you for guidance.... Read Answer
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even... Read Answer