California Criminal Defense Legal Questions

You need to hire a lawyer. Prosecutors will never drop charges just because the charges are made up, because there is no way for them to know that. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are also very suspicious when victims say everything's fine or recant. You really do need to shop for a lawyer.... Read More

This seems to be very common when defendants are not represented by an attorney. You can hire an attorney to appear on your behalf and deal with the matter or you can go it alone and hope the DA is done play games with you. Don't over think it! If you are able lawyer up as asap, if not ask to assigned to the PD office. ... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Does your sister have any criminal history, and if so, what is it? What is the value of what was stolen? What are the facts and circumstances leading to the charges? Since we do not have all the facts, it is impossible to give a meaningful answer. In any event, your sister needs to retain an attorney and I strongly suggest that she contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding her case. The attorney would then be in a better position to analyze her case and advise her of her options. If she cannot afford an attorney, she should ask the judge to appoint the public defender's office to represent her. Under no circumstances should she talk to the police or anyone else about her situation without an attorney present.... Read More

This is a question you should be asking your husband's attorney. However, eyewitness testimony or any type of testimony is evidence. There does not have to be any physical evidence to charge and convict someone of a crime. Testimonial evidence can be attacked and the credibility of the witness will be an issue. You and/or your ex-husband should be discussing this with his attorney since his attorney knows more about his case than anyone on this forum.... Read More

Theoretically, you can, but I doubt that the judge will allow you to substitute new counsel in the middle of a trial or grant you a continuance of the trial to find another attorney. I also doubt that you will be able to find an attorney willing to come in and represent you in the middle of the trial. You could conceivably represent yourself, with the court's permission, but that would most likely be a grave error on your part.... Read More

A number of things could happen. The DUI would be considered a probation violation. Depending on how close he is to completing his probation, the courthouse and jurisdiction where the felony conviction occurred and the demeanor of the judge, you ex could be sentence to 60-90 days or more in county jail and his probation would be reinstated. He could do no jail time and his probation extended. He could do some county jail time and his probation reinstated and extended. Or the judge could revoke his probation entirely and re-sentence him to the original jail/prison term. It will all depend on the judge.... Read More

How much of what you told police can they use against him? Everything. With regards to the police not reading him his rights, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.... Read More

Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Right now, 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. Hire a lawyer before you make a wrong move (like turning yourself in without a lawyer present).... Read More

The Civil Demand Letter is a letter sent by the attorneys (usually out of state) for the retailer where the shoplifting occurred. The letter will demand payment of between $250.00 and $500.00 as a civil penalty for getting caught shoplifting and sometimes quotes a civil code section. This is completely legal to send, but the law does not require you to pay it. As a rule, I tell my clients to ignore these civil demand letters. Unless you signed some agreement to pay this store, you owe them nothing. In order for you to owe them something they would have to sue you and win. However, It would cost them much more to sue you than they can ever hope to recover so they usually don't pursue it. Also, paying the civil demand does not guarantee that the store will not press charges later on. With that in mind, I would tell you that they can still take legal action against you by filing suit in small claims court. If you ignore these actions, a default judgment will be entered against you. So, although you can ignore the civil demand letter, do not ignore anything that comes from a court. Hope this helps.... Read More