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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 14
Do you have any California Criminal Defense questions page 14 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 get for felony invading?

Answered 8 years and 11 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on the type of evading. Could be up to 7 years in state prison is someone is injured or killed.
Depends on the type of evading. Could be up to 7 years in state prison is someone is injured or killed.

If brandishing a firearm replica statement from sister in law who said I brandished a BB gun but I did not, what should I do?

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

What does notice of Correction vehicle code 40505 means and if I missed court, what's the next step to take?

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 an infraction or 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 an infraction or... Read More

How long do they have to charge me and do I have a lawsuit for wrongful arrest?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
1) One year 2) No
1) One year 2) No

If I missed my remand on stay date for misdemeanor joyriding, what do I do? Will i get more time?

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. Then you can re-surrender without more punishment 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... Read More

If few days ago I sold alcohol to minor and don’t even ask her for ID, is it legal?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No it isn't. Let's hope you exercised your right to remain silent and didn't "cop out."
No it isn't. Let's hope you exercised your right to remain silent and didn't "cop out."

Will there be jail time for petty theft from employer?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Instead of worrying about the jail time, 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 jail time, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral... Read More

If you are on parole and commit a residential burglary and have a prison prior, will you qualify for a joint suspension?

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

Will I get more jail time for not remanding on court order for a probation violation?

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

Can I get my charge dropped and do I have a case against the officer and the trainee?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about suing the police, you need to focus your attention on how you can avoid being convicted, because if convicted you may need to register as a sex offender for life. Time to shop for a lawyer.
Instead of worrying about suing the police, you need to focus your attention on how you can avoid being convicted, because if convicted you may need... Read More

What can I do if I have a bench warrant for petty theft for $50?

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. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment aspirations. More reason to talk to a lawyer, who may be able to work out a deal with the Judge whereby you can earn yourself a dismissal. But first, the warrant must be recalled.... 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

Do I have to respond to a subpoena that was emailed to me and was that proper service?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Mail subpoenas are not valid unless the receipt acknowledges receipt (usually by calling back).
Mail subpoenas are not valid unless the receipt acknowledges receipt (usually by calling back).

Do I have to respond to a subpoena that was emailed to me and was that proper service?

Answered 8 years and 11 months ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No, there are a number of problems with that service.
No, there are a number of problems with that service.

What would be better for me to do for my future, getting it expunged or a dismissal?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Sounds like you got convicted. Expungement only applies to criminal convictions. Be careful next time you enter a plea!
Sounds like you got convicted. Expungement only applies to criminal convictions. Be careful next time you enter a plea!

What should we expect after proof of enrollment hearing?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Have you tried asking him? Your friend knows more about his case than anyone on this forum.
Have you tried asking him? Your friend knows more about his case than anyone on this forum.

What should I do if I had missed three court dates and was issued warrants?

Answered 8 years and 11 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

What should I do if I had missed three court dates and was issued warrants?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
The bench warrant(s) is not going to go away and looking for free advice on the internet is not going to help you. Contact an experienced local criminal defense attorney and get them taken care of.
The bench warrant(s) is not going to go away and looking for free advice on the internet is not going to help you. Contact an experienced local... Read More

Do I need to pay my fine for a $500 fine for petty theft?

Answered 8 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Instead of worrying about the fine, 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 fine, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude,... Read More

Do I need to pay my fine for a $500 fine for petty theft?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Depending on the nature of the fine, one of 2 things will happen: (1) a bench warrant will be issued for your arrest, or (2) the fine will be sent to collections and the county will try to collect it with interest.
Depending on the nature of the fine, one of 2 things will happen: (1) a bench warrant will be issued for your arrest, or (2) the fine will be sent to... Read More

Can I sue the police department for unlawful detention?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The term "Spousal Abuse" is a misnomer which covers a lot of different situations, including a boyfriend/girlfriend relationship. If you feel that your rights were violated then I suggest that you contact an experienced civil rights 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 situation and advise you of your options. Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.... Read More
The term "Spousal Abuse" is a misnomer which covers a lot of different situations, including a boyfriend/girlfriend relationship. If you feel that... Read More

For domestic violence, rights weren’t read but continued to questions, will case be dropped?

Answered 8 years and 11 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
Your question is too difficult to answer in an online forum. I suggest you contact some attorneys and get specific guidance based on a careful review of the facts of your case. You have options, but it is best to discuss them confidentially with a lawyer.
Your question is too difficult to answer in an online forum. I suggest you contact some attorneys and get specific guidance based on a careful... Read More

Will I go to jail?

Answered 8 years and 11 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is cetainly possible that you will be taken into custody. If you are able you should hire an attorney to appear on your behalf and have your porbation resinstated for you.
It is cetainly possible that you will be taken into custody. If you are able you should hire an attorney to appear on your behalf and have your... Read More

Can I press child endangerment charges on my ex for ramming my car with our child in her car with her?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
File a police report and let local law enforcement take care of it.
File a police report and let local law enforcement take care of it.

Can I request house arrest for my husband even if he has been sentenced to 13 month in county jail?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can't request anything, but your husband's attorney can make the request, although if he has already been sentenced, it may be too late. You need to speak with your husband's attorney.
You can't request anything, but your husband's attorney can make the request, although if he has already been sentenced, it may be too late. You... Read More

If I have a warrant for my arrest and not know about it, can I be arrested?

Answered 8 years and 11 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
This is a common scenario. Although the court and/or police "should" send a letter to the defendant that a warrant has been issued, many times they don't or the letter is addressed wrong and/or gets lost in the mail. There is no liability for this, so he doesn't have a case against anyone. What he needs is an experienced criminal defense attorney to help him with the warrant and criminal charges.... Read More
This is a common scenario. Although the court and/or police "should" send a letter to the defendant that a warrant has been issued, many times they... Read More
Criminal Law
California

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