×
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 11
Do you have any California Criminal Defense questions page 11 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

How long can you go to jail for violation of probation?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
For the statutory maximum of the offense, you were convicted for and that remain unserved. For example, if you are on probation for a first DUI, the statutory max is 6 months. If you were not sentenced to anytime, then the entire 180 days represents your total exposure for a probation violation.... Read More
For the statutory maximum of the offense, you were convicted for and that remain unserved. For example, if you are on probation for a first DUI, the... Read More

How long does a petty theft infraction stay on your record?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It can't be an infraction if you went to jail for it. It had to have been a misdemeanor, which will stay on your record forever until you have it expunged.
It can't be an infraction if you went to jail for it. It had to have been a misdemeanor, which will stay on your record forever until you have it... Read More

How can my significant other be proven innocent of burglary?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Simple. By hiring a good lawyer, preferably before he cops himself out.
Simple. By hiring a good lawyer, preferably before he cops himself out.

What happens to a defendant that is currently in custody and is set for pretrial and no witness or victims show up for the pretrial?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nothing happens. No witnesses are required to attend a mere Pre-Trial.
Nothing happens. No witnesses are required to attend a mere Pre-Trial.

Can I get off probation if I pay my restitution in full?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to pay restitution so you don't get violated for your probation. Getting off is an entirely different matter.
You need to pay restitution so you don't get violated for your probation. Getting off is an entirely different matter.

How long can a person stay in jail without being sentenced yet?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Simple. Sentencing is set at a future date, and the person can't make bail.
Simple. Sentencing is set at a future date, and the person can't make bail.

Can my ex-employer open a case of theft after I resigned?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Stop responding. You have the right to remain silent. Exercise it!
Stop responding. You have the right to remain silent. Exercise it!

If I hit my partner first and he hits me back, can I be charged as well?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. In fact, your partner probably won't be charged, since it is responsive self-defense. You will probably be the only one charged.
Yes. In fact, your partner probably won't be charged, since it is responsive self-defense. You will probably be the only one charged.

What happens when you tell the law enforcement you were raped but the test came out negative?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. It's called: filing a false report.
Yes. It's called: filing a false report.

How much jail time for misdemeanor hit and run and property damage only?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Time to shop for a lawyer.
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Time to shop for a lawyer.

How can I convince the cops that it is the neighbors who are framing 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.
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

Can I still own a firearm after a first offense was charge of petty theft misdemeanor on 1999?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should have the petty theft expunged. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
You should have the petty theft expunged. You need to have successfully completed the entire term of probation, have nothing criminal pending, and... Read More

How long can they ask for a restitution hearing no probation was ordered and all sentencing has been completed?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The victim can only get restitution through court when you are on probation. As for expungement, you need to have successfully completed the entire term of probation (if you had probation to begin with), have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.... Read More
The victim can only get restitution through court when you are on probation. As for expungement, you need to have successfully completed the entire... Read More

If false report was filed, can the charges be at least reduced?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. You need a good lawyer.
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV... Read More

Is it illegal to engage in sexual activities with a minor if there is consent on both ends?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nope. What do you think statutory rape law is for??
Nope. What do you think statutory rape law is for??

How much time will he get from resisting and assaulting officer?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the jail time, you need to focus your attention on how you can help him avoid being convicted. Time to shop for a "good" lawyer for him.
Instead of worrying about the jail time, you need to focus your attention on how you can help him avoid being convicted. Time to shop for a "good"... Read More

How do I deal with a failure to appear?

Answered 8 years and 9 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Go to the court clerk. Put the case back on calendar.
Go to the court clerk. Put the case back on calendar.

How do I deal with a failure to appear?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so... Read More

Do I need to worry about my background check affecting me negatively if I had a criminal conviction, count for possession, filed in 2003?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You DUI doesn't automatically go off your record. 10 years is simply the "priorability" date, meaning once it is 10 years ago they can't allege it as a prior if you get another one. So, my advice is, hire a lawyer and get the DUI expunged.
You DUI doesn't automatically go off your record. 10 years is simply the "priorability" date, meaning once it is 10 years ago they can't allege it as... Read More

If I want to lift the restraining order off my boyfriend I never requested an order and I need it to be lifted, what are my options?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV... Read More

Can my jail time for a bench warrant serve as my payment for my fine?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That time usually goes to your probation violation, unless your lawyer can convince the Judge otherwise.
That time usually goes to your probation violation, unless your lawyer can convince the Judge otherwise.

If my PC1000 option was terminated, however I was unemployed and had no income to pay for the classes required for DEJ, what will happen?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you. Only then can the lawyer talk to the Judge about reinstating you back in PC 1000.
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so... Read More

Could they charge me now after they have let me go and if so, what should I do?

Answered 8 years and 9 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes they can. If you get something in the mail with a court date, you need to hire a lawyer pal.
Yes they can. If you get something in the mail with a court date, you need to hire a lawyer pal.

Cost to defend a hit and run case

Answered 8 years and 9 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on your daugther's prior criminal history a decent lawyer should be able to make a hit and run go away. Now as to wehther or not $8000 in attorney's fees is a lot would depend on the attorney, location and time involved. You should continue to call around and hire whomever you feel most comfortable with.... Read More
Depending on your daugther's prior criminal history a decent lawyer should be able to make a hit and run go away. Now as to wehther or not $8000... Read More

What can happen if my son says he filed a police report on me saying I waived a knife in front of him?

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.
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
Criminal Law
California

Helpful Resources