×
Go back to Martindale-Avvo ➔

California Criminal Defense Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
454 legal questions have been posted about criminal law by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
California Criminal Defense Questions & Legal Answers - Page 10
Do you have any California Criminal Defense questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 454 previously answered California Criminal Defense questions.
Criminal Law
California

Recent Legal Answers

Can my boyfriend be charged with robbery for driving a car to the store but he didn't know was in a robbery?

Answered 8 years and 9 months ago by Jared Christian Winter (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
Sounds like he's being accused of aiding and abetting. If you drive a person to commit a robbery, or drive them away from the scene, with knowledge of the robbers intent, you can also be charged with robbery.
Sounds like he's being accused of aiding and abetting. If you drive a person to commit a robbery, or drive them away from the scene, with knowledge... Read More

Can my boyfriend be charged with robbery for driving a car to the store but he didn't know was in a robbery?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
His own words may be enough to seal his fate. You might want to remind him about the right to remain silent!
His own words may be enough to seal his fate. You might want to remind him about the right to remain silent!

Can I as a victim of domestic violence have the right to know from my DA as to what information or doctor reports were used as evidence?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask, and the DA has complete discretion what to disclose to you. There is no "right" to this info. Only the defendant and his lawyer has this right.
You can ask, and the DA has complete discretion what to disclose to you. There is no "right" to this info. Only the defendant and his lawyer has this... Read More

What will happen if my friend’s ex allowed her to use card during relationship and now it's over, he denies allowing her?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what she says it will be twisted around and used against her later.
She has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what she says it will be twisted around and used... Read More

Can I be charged for something my friends did while I was there?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Absolutely, especially if you are part of a gang and/or forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted around and used against you later.
Absolutely, especially if you are part of a gang and/or forget you have the right to remain silent and cop yourself out. Remember, no matter what you... Read More

How much time can you get for selling drugs?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That depends how good your lawyer is.
That depends how good your lawyer is.

What happens after my girlfriend just told me that she filed a police report when we argued and she left because she was scared of me?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. If you follow this advice, you'll be fine. If not, you are opening yourself to whatever they want to cook up against you.
You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used... Read More

What happens if you get caught with a gun for the first time and you don’t have a criminal record?

Answered 8 years and 9 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
There are a number of factors that go into consideration, what are the circumstances of you having a gun. Was the gun possessed near a school, around minors. Without knowing all the acts it is difficult to respond to this.
There are a number of factors that go into consideration, what are the circumstances of you having a gun. Was the gun possessed near a school, around... Read More

What happens if you get caught with a gun for the first time and you don’t have a criminal record?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
That depends how good your lawyer is.
That depends how good your lawyer is.

Do I need to see my probation officer anymore if I already have a surrender date for a new case?

Answered 8 years and 9 months ago by Maltaise E Cini (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, if you are required to report you must still report until you are in custody.
Yes, if you are required to report you must still report until you are in custody.

Is there a legal way to get someone out of jail without paying bail?

Answered 8 years and 9 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No, if bail has been set you use post bail to get out of custody. Without posting bail you cannot be released.
No, if bail has been set you use post bail to get out of custody. Without posting bail you cannot be released.

Is there a legal way to get someone out of jail without paying bail?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes. Convince the Judge to reduce or eliminate bail (good luck).
Yes. Convince the Judge to reduce or eliminate bail (good luck).

What happens if husband was charged with assault but has no weapon?

Answered 8 years and 9 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
When the District Attorney reviews the case they will determine heather or not they can prove the case guilty beyond a reasonable doubt. If the officer Indicated they did not retrieve a knife that should be helpful to your spouse. Owe fre if the woman indicated your husband had a knife and yes and was not arrested at the scene. The DA may make the inference that your husband got rid of the knife. This will depend on ow the police report is written. My concern is your husband was arrested fora 245.... Read More
When the District Attorney reviews the case they will determine heather or not they can prove the case guilty beyond a reasonable doubt. If the... Read More

How can I get a power of attorney of my boyfriend while he's in prison?

Answered 8 years and 9 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There should be free forms on the web. He has to sign.
There should be free forms on the web. He has to sign.

If you’re on probation, can you be violated if you are arrested but no charges were actually filed?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. Probation violation threshold is quite low, so just being arrested is enough. You should hire a lawyer instead of showing up at the PVH alone.
Yes. Probation violation threshold is quite low, so just being arrested is enough. You should hire a lawyer instead of showing up at the PVH alone.

What happens to the defendant if the victim of domestic violence does not show up for trial?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Case gets dismissed.
Case gets dismissed.

Can an officer charge us if both my girlfriend and I are 18, having sex in a car in a secluded parking lot and no one can see us?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. You can't have sex in public, no matter how old you are.
Yes. You can't have sex in public, no matter how old you are.

Can you bail someone on the day of arraignment court at 1:30 PM?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you can.
Yes, you can.

If have a misdemeanor domestic violence charge, will I be able to obtain my firearms permit after I get off probation and have my record expunged?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Nope. Lifetime ban.
Nope. Lifetime ban.

If I was arrested for petty theft and I completed the community justice program and it was dismissed, can petition to have it expunged?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No, you cannot. The case was dismissed and the court has no jurisdiction to dismiss it under Penal Code section 1203.4.
No, you cannot. The case was dismissed and the court has no jurisdiction to dismiss it under Penal Code section 1203.4.

If have a misdemeanor domestic violence charge, will I be able to obtain my firearms permit after I get off probation and have my record expunged?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No. It's a 10-year ban under California state law. Review Penal Code section 29805.
No. It's a 10-year ban under California state law. Review Penal Code section 29805.

If I was arrested for petty theft and I completed the community justice program and it was dismissed, can petition to have it expunged?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You can't expunge something that was dismissed. Only convictions can be expunged.
You can't expunge something that was dismissed. Only convictions can be expunged.

Can they force a minor to testify against their parent in a jury trial?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, they do.
Yes, they do.

I will be charged with workers comp insurance fraud, what is the statute of limitations for this?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on the specific charge. But generally 3 years or 4 years from the date of discovery of the offense.
Depends on the specific charge. But generally 3 years or 4 years from the date of discovery of the offense.

Does pc 12025 misdemeanor (carrying concealed weapon) carry a 10 year firearm ban?

Answered 8 years and 9 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. And 12025 is the old code section.
No. And 12025 is the old code section.
Criminal Law
California

Helpful Resources