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California Criminal Defense Legal Questions

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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 12
Do you have any California Criminal Defense questions page 12 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 can I appear to the judge without being arrested if I have a bench warrant that I didn’t know I had?

Answered 8 years and 10 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.
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

Can I beat the ticket and sue the cop for threatening her?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer and set it for trial. If the cop doesn't show up she wins.
Hire a lawyer and set it for trial. If the cop doesn't show up she wins.

What is the punishment for first time offense of shoplifting over $50?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the punishment, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment aspirations. You should talk to a lawyer, who may be able to work out a deal with the Judge whereby you can earn yourself a dismissal.... Read More
Instead of worrying about the punishment, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral... Read More

Do these show up when there’s a background check on me and how can I get them taken off of my record since I was not convicted?

Answered 8 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Any arrest that does not result in charges is considered a detention per PC 479. You need to request a certificate of detention from the agencies that arrested you. You can do so by letter. A lawyer can help.
Any arrest that does not result in charges is considered a detention per PC 479. You need to request a certificate of detention from the agencies... Read More

What do I need to do so I won't get myself in trouble if I had court today, I was going to be sentence but I miss it?

Answered 8 years and 10 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. Then the lawyer can work out a new surrender date for you, hopefully with no additional punishment.
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

If I took money from my family and my father will not press charge against me, but still not cops arrested me, what can he do to drop the charges?

Answered 8 years and 10 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 family cases the parties reconcile, and prosecutors are well aware of this. Don't confuse the civil case between you and your parent with the criminal case in court between you and the state.... Read More
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... Read More

How do I get rid of a misdemeanor petty theft?

Answered 8 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
PC 1203.4 petition for dismissal often mistakenly called an expungement.
PC 1203.4 petition for dismissal often mistakenly called an expungement.

How do I get rid of a misdemeanor petty theft?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
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 need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

How would I know if I had a conviction, or have a misdemeanor or felony? And would this ever go away in the future for this red light run?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
It's an infraction.
It's an infraction.

How would I know if I had a conviction, or have a misdemeanor or felony? And would this ever go away in the future for this red light run?

Answered 8 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Relax. It's an infraction.
Relax. It's an infraction.

Is this correct that the law says he had to go to jail even if I didn’t press charges?

Answered 8 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
When you get the cops involved, bad things happen. Not really. But now the case against him will go forward. You need to talk to a lawyer to avoid your husband having a DV charge and doing more time.
When you get the cops involved, bad things happen. Not really. But now the case against him will go forward. You need to talk to a lawyer to avoid... Read More

Is this correct that the law says he had to go to jail even if I didn’t press charges?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
What you want is irrelevant. The DA is the one who presses charges, not you.
What you want is irrelevant. The DA is the one who presses charges, not you.

If I was charge with identity theft a year ago, sentenced to 45 days in jail and 3 years’ probation, I never turned myself in, what would I be facing?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nope. Once you are arrested you will have to first be arraigned on the probation violation (for not turning yourself in). Once the Judge has figured out the punishment for that, you will be sentenced, and then the 45 days will likely be consecutive to whatever you get for probation violation. 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. Once the warrant is recalled, the lawyer can negotiate with the Judge about punishment. That way you're not in an orange jump suit at the mercy of the Judge who is about to sentence you. It never goes well that way.... Read More
Nope. Once you are arrested you will have to first be arraigned on the probation violation (for not turning yourself in). Once the Judge has figured... Read More

If I recently tried to purchase a gun and was denied because of 242 batteries that happen in 2008, what can I do to fix it?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
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 need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

Can I be charged criminally for not paying a payday loan?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No. It's civil.
No. It's civil.

If my boyfriend is in jail right now but has a hold in another county, who can I contact to see if he is going to be picked up?

Answered 8 years and 10 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They won't give you that information. It would be better to not contact them anyway. Why remind them that they need to come pick him up?
They won't give you that information. It would be better to not contact them anyway. Why remind them that they need to come pick him up?

Can I be charged criminally for not paying a payday loan?

Answered 8 years and 10 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes.
Yes.

Would it be possible to personally sue her for the damages of having to miss work to deal with this case and losing my apartment?

Answered 8 years and 10 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should contact the DA?s office and file a claim for restitution. That will make whatever restitution the person owes you a condition of their sentence. Much easier and more effective than suing.
You should contact the DA?s office and file a claim for restitution. That will make whatever restitution the person owes you a condition of their... Read More

If a cop was not on scene of a supposed crime can they testify in court in place of a supposed victim?

Answered 8 years and 10 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, sometimes they can. Sometimes not.
Yes, sometimes they can. Sometimes not.

If my grandson went to his court date but there was nothing on the books, what is the time limit for him to have hearing?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Typically they have 1 year to file before prejudice is presumed.
Typically they have 1 year to file before prejudice is presumed.

Can I be charged with attempted murder if they didn’t find a gun?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Absolutely, especially if you 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 forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted... Read More

Can I be charged with attempted murder if they didn’t find a gun?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes, you can. Not only can you be charged, you can be convicted.
Yes, you can. Not only can you be charged, you can be convicted.

Should I have bail bond on standby and go straight to probation tomorrow with a prayer he will let me bail out?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Neither. 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.
Neither. 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... Read More

How long could you get if you made a thousand of fake credit cards and spent thousands of dollars?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on the amount of money spent, 4-6 years in jail.
Depending on the amount of money spent, 4-6 years in jail.

What happens if I don’t pay for class a and their fees of $400?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Don't confuse the civil case between you and the store with the criminal case in court between you and the state. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment aspirations. You should talk to a lawyer, who may be able to work out a deal with the Judge whereby you can earn yourself a dismissal.... Read More
Don't confuse the civil case between you and the store with the criminal case in court between you and the state. Petty theft is a crime of moral... Read More
Criminal Law
California

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