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California Criminal Defense Legal Questions

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454 legal [2, *]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 18
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Criminal Law
California

Recent Legal Answers

If my girlfriend lied that I hit her with a car, which was in fact I was in a residential place, I was charged by domestic violence, what can I do?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
What you can do is hire a lawyer. Remember 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.
What you can do is hire a lawyer. Remember prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is,... Read Answer

what is the severity of my case? do you think that it will be dismissed? shoul i get a lawyer? tahnk you for your time.

Answered 9 years and 3 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you should hire a lawyer. If convicted you are facing jail time. Based off of your post, you may have a few defenses but the longer you wait to hire a lawyer the harder it will be to collect evidence to prove your case. 
Yes, you should hire a lawyer. If convicted you are facing jail time. Based off of your post, you may have a few defenses but the longer you wait to... Read Answer

If the old man I took care of accused me of stealing $20,000 from him, I just want to help; can he still remove the charges?

Answered 9 years and 3 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 cases where the victim and the accused know one another, 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... Read Answer

My daughter’s father was arrested for domestic violence on his girlfriend and he has a prior DV charge, how much time will he get?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Unless it is a mutual order, restraining orders only go one way. The person being restrained cannot contact the person holding the order, but the person with the order can do pretty much whatever they want. I know that makes no sense, but that's the way it is. If this happened at your daughter's father's home, he may have a defense. Either way, he needs to hire an experienced criminal defense attorney to help him. His prior DV conviction will work against him and depending on how the charges are filed (Misdemeanor or Felony) he could be looking at anywhere from one year to three years in jail.... Read Answer
Unless it is a mutual order, restraining orders only go one way. The person being restrained cannot contact the person holding the order, but the... Read Answer

My daughter’s father was arrested for domestic violence on his girlfriend and he has a prior DV charge, how much time will he get?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
That depends on how good his lawyer is. A DV with a prior can be filed as a felony, FYI.
That depends on how good his lawyer is. A DV with a prior can be filed as a felony, FYI.

I was wondering what are the penalties for egging a car with 4-5 eggs?

Answered 9 years and 3 months ago by Maltaise E Cini (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Egging a car would be a misdemeanor vandalism. If you are under the age of 21 then you would be looking at a one year suspension of your CDL.
Egging a car would be a misdemeanor vandalism. If you are under the age of 21 then you would be looking at a one year suspension of your CDL.

Can I have a felony for marijuana dismissed now that marijuana is legal?

Answered 9 years and 3 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Reduced and "expunged".
Reduced and "expunged".

Can I have a felony for marijuana dismissed now that marijuana is legal?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
First you need to hire a lawyer to file a 17b motion to reduce it to a misdemeanor.
First you need to hire a lawyer to file a 17b motion to reduce it to a misdemeanor.

If my ex-girlfriend bought me a car and now that we are broken up she wants it back, what are my options to protect myself?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the title to the car is in your name, you probably get to keep the car. If the title is in your ex's name, give it back to her.
If the title to the car is in your name, you probably get to keep the car. If the title is in your ex's name, give it back to her.

Is it legal for a police officer to talk to a minor without the consent of a parent or guardian?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She 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. Stop her before she opens her mouth.
She 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... Read Answer

What happens if you get caught with a hand knuckle but never uses it or nothing you just have it for self-defense?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Self-defense is not a defense here. However, you should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Self-defense is not a defense here. However, you should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get... Read Answer

Do I still need to pay the fee for my bench warrant last 2009? I thought it was already cleared because I get valid driver’s license.

Answered 9 years and 3 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 Answer

What can I do if my friend was assaulted sexually and I’ve been trying to convince her to go to the police?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can't do anything. Only your friend can file a police report for the assault.
You can't do anything. Only your friend can file a police report for the assault.

how do you remove something from my record?

Answered 9 years and 3 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on what type of conviction is your record you may be eligible to file a motion to have the matter dismissed. 
Depending on what type of conviction is your record you may be eligible to file a motion to have the matter dismissed. 

If my grandmother filed charges against me of stealing money to her account but she just forgot that she loaned me money, what will happen?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
You don't. You hire an attorney to help you, if you are, in fact, charged with the theft. If the police contact you, you should not talk to them unless your attorney is present.
You don't. You hire an attorney to help you, if you are, in fact, charged with the theft. If the police contact you, you should not talk to them... Read Answer

If I already left the company before the lawsuit was initiated and received deposition notice, do I need retain council to accompany me to deposition?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First of all this is not a criminal defense question, but a civil litigation question. Without knowing all the details of the lawsuit and your involvement in the project, other than the fact that you were the project manager, it is impossible to give you an adequate answer. You may be brought into this lawsuit whether you like it or not. I suggest that you contact an experienced civil litigation attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your problem and advise you of your options.... Read Answer
First of all this is not a criminal defense question, but a civil litigation question. Without knowing all the details of the lawsuit and your... Read Answer

How do I get a substitute counsel if I have been charged with a felony insurance fraud?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No, you only get one public defender. It does not matter whether the charges are felonies or misdemeanors. If you are not happy with your present attorney, your only recourse is to hire a private attorney to represent you.
No, you only get one public defender. It does not matter whether the charges are felonies or misdemeanors. If you are not happy with your present... Read Answer

Can I still go to jail if I was found with drugs on my car but I was never read my rights?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
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. However, there may be search and seizure issues. Did you give the officer permission to search your car? If not, and depending on where the drugs were found, this may be an illegal search. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. (S)he would then be in a better position to analyze your case and advise you of your options. If you cannot afford an attorney, ask the judge to appoint the public defender's office to represent you. Under no circumstances should you talk to the police or anyone else about your situation without an attorney present.... Read Answer
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... Read Answer

Can I still go to jail if I was found with drugs on my car but I was never read my rights?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth ?prior? to cuffing you, so Miranda rarely applies. Time to shop for a lawyer.
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth ?prior? to... Read Answer

I was charged for petty theft a few weeks ago, I did not steal but the person I was with did what should I do?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Your prior criminal history is not going to help you. And neither is any advice you receive on this forum. You need an attorney to help you in court. If you can't really afford one, then as the judge to appoint the public defender's office to represent you.
Your prior criminal history is not going to help you. And neither is any advice you receive on this forum. You need an attorney to help you in... Read Answer

Would expunging the record help and if so, how can I look up case numbers if this misdemeanor conviction was so long ago?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it would. Time to shop for a lawyer.
Yes, it would. Time to shop for a lawyer.

If a person files charges against someone, does the other person get arrested right away?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You did the right thing. The next thing to do is talk with an experienced criminal defense attorney and DO NOT TALK TO THE POLICE OR ANYONE ELSE about your situation or these potential charges without an attorney present.
You did the right thing. The next thing to do is talk with an experienced criminal defense attorney and DO NOT TALK TO THE POLICE OR ANYONE ELSE... Read Answer

How do you get the best legal defense against fraud from emails, cyber fraud and company law?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You hire the best defense attorney you can afford.
You hire the best defense attorney you can afford.

If I was justified in the shooting death of a suspect and the persons family is suing my company for wrongfully death, am I able to counter sue?

Answered 9 years and 3 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Only if you have a viable cause of action. Not enough information is given to give you a reasonable answer. You may wish to discuss this with the attorney who is defending your company in the wrongful death action.
Only if you have a viable cause of action. Not enough information is given to give you a reasonable answer. You may wish to discuss this with the... Read Answer

What will I get for first time felony credit card fraud of $60 if I have a clean record and have never been in trouble?

Answered 9 years and 3 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You should hire a lawyer and get this relatively minor charge reduced or dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
You should hire a lawyer and get this relatively minor charge reduced or dismissed. By yourself you're going to get a criminal record, and it isn't... Read Answer
Criminal Law
California

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