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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 13
Do you have any California Criminal Defense questions page 13 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 do I expunge a misdemeanor?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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 early termination of probation on your behalf. That is the first step.
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 much time is he looking at if he wasn’t driving, got pulled over, taken to jail for probation and suspension violation?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the jail time, he needs to focus his attention on how you can avoid being convicted. Time to shop for a lawyer.
Instead of worrying about the jail time, he needs to focus his attention on how you can avoid being convicted. Time to shop for a lawyer.

If a person is looking at prison for a crime that wasn’t committed should it be taken to jury trial? What is his best recourse?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, go to trial.
Yes, go to trial.

What happens if I got a ticket for no insurance and expired tags and for fake tags but is out down as misdemeanor?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a lawyer and get this relatively minor charge dismissed or infracted. 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 dismissed or infracted. By yourself you're going to get a criminal record, and it isn't... Read More

If I was charged with petty theft, then when I rejected their plea my charges were changed to felony conspiracy and felony grand theft, is it legal?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
As long as they can prove it, the prosecutor can amend the charges before trial.
As long as they can prove it, the prosecutor can amend the charges before trial.

If I was charged with petty theft, then when I rejected their plea my charges were changed to felony conspiracy and felony grand theft, is it legal?

Answered 8 years and 10 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
It's grounds for a vindictive prosecution motion.
It's grounds for a vindictive prosecution motion.

If I was charge for obstruction of police, for not following the safety road for the bicyclist because I know the road is not safe, what will happen?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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.
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.

How do I know what I was charged with if I missed my first court date and when I look online it says the DA filed a complaint?

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

How much time would he do if he went terminal for a 3 year probation and 52 week DV classes?

Answered 8 years and 10 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. Then the lawyer can try to reinstate you with same terms and conditions.
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 a search warrant does not state anything about counterfeit currency and they find some in my home, can I be charged?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Maybe. Depends on whether the currency was found in plain view or not.
Maybe. Depends on whether the currency was found in plain view or not.

What happens if i don’t turn myself in on a court order, turn in date for a stolen car?

Answered 8 years and 10 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A warrant will be issued for your arrest.
A warrant will be issued for your arrest.

What are the chances that I have at having a Romero Motion granted?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you do.
Yes, you do.

If I have a misdemeanor for public intoxication, would it show in a background check?

Answered 8 years and 10 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The arrest will probably show up an a background, as will the dismissal.
The arrest will probably show up an a background, as will the dismissal.

How much time is my boyfriend going to do if he was arrested today he got the violation for using a fake name?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the jail time, he needs to focus your attention on how he can avoid being convicted. Time to shop for a lawyer.
Instead of worrying about the jail time, he needs to focus your attention on how he can avoid being convicted. Time to shop for a lawyer.

If I have an open traffic case from 2004 and FTA, does this mean I have a warrant or can go to jail over this?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Traffic cases (infractions) usually just go to collections.
Traffic cases (infractions) usually just go to collections.

What can happen to him after he was caught selling drugs in school as a minor?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used against him later.
He has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used... Read More

Will police show up at my house for allegedly soliciting prostitution?

Answered 8 years and 11 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

Do I need to go to court to show proof of my enrollment of PC 1000 classes?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes you do. Consider having a lawyer show up your behalf to show proof.
Yes you do. Consider having a lawyer show up your behalf to show proof.

Should I be able to get a continuance of sentencing at my hearing?

Answered 8 years and 11 months ago by Mr. Mark A. Broughton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You will need to show the judge what is called "good cause." The plea deal/recommendation is probably for some jail/prison time. So, If you are in custody already (with "strike prior" & sales) the judge should be more willing. If you are out of custody the judge may grant the continuance but remand you pending sentencing.... Read More
You will need to show the judge what is called "good cause." The plea deal/recommendation is probably for some jail/prison time. So, If you are in... Read More

What can I do if I have a battery on a spouse warrant without my knowledge?

Answered 8 years and 11 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. Just so you know, 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. A conviction will result in a lifetime gun ownership ban, a criminal record, and a 52-week long DV class that is very expensive.... Read More
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

Is it legal for stores to have shoplifting minor’s photos pin in the front of the store?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the picture, she needs to focus her attention on how she can avoid being convicted of a crime. 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. Time to shop for a lawyer.... Read More
Instead of worrying about the picture, she needs to focus her attention on how she can avoid being convicted of a crime. She has the right to remain... Read More

If caught for shoplifting but possible to have more evidence on the case, how much worse could his punishment be?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used against him later. Petty theft is a crime of moral turpitude, and if convicted it will really hurt his school/employment aspirations. He should talk to a lawyer, who may be able to work out a deal with the Judge whereby he can earn himself a dismissal down the road.... Read More
He has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used... Read More

If I was ordered to do anger management classes, tried to use my therapist that is within my insurance provider but they refused, what can I do?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nothing you can do but to do their program. If you insist on your own, a warrant will be issued for your arrest.
Nothing you can do but to do their program. If you insist on your own, a warrant will be issued for your arrest.

If I was arrested for being drunk in public and they gave me a court date in May, what will happen?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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.
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.

Can police question a juvenile when the juvenile is not a suspect or charged with any crime without a parent present?

Answered 8 years and 11 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes.
Yes.
Criminal Law
California

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