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 16
Do you have any California Criminal Defense questions page 16 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.

Recent Legal Answers

If I didnโ€™t shoplift but my friend did, will i need to pay civil demand or get in trouble?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Don't confuse the civil case between your friend and the store with the criminal case in court between your friend and the state. Signing the papers was foolish enough, and paying the civil demand will make you both look even more guilty. Hire a lawyer before you make a wrong move.
Don't confuse the civil case between your friend and the store with the criminal case in court between your friend and the state. Signing the papers... Read More
I am assuming that your boyfriend has an attorney. You should talk with his attorney regarding the best way you can help him. You could also talk with the D.A. about dropping the charges, but once domestic violence charges are filed, most D.A.'s are opposed to dropping them.
I am assuming that your boyfriend has an attorney. You should talk with his attorney regarding the best way you can help him. You could also talk... 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 DV cases the parties reconcile, and prosecutors are well aware of this. He needs 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 DV... Read More

what can i expect with being charged with simple meth possesion in ca

Answered 9 years ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on your prior criminal record, you may be eligible for a diversion program. If you have a prior criminal record it's possible you may be able to get that reduced and avoid any jail time. You should consider hiring a lawyer asap to fight the charges.
Depending on your prior criminal record, you may be eligible for a diversion program. If you have a prior criminal record it's possible you may be... Read More

How much do you think he will get for a probation first violation?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
there's not enough information to give you an accurate answer, but what happens will most likely depend on the judge, the jurisdiction where he was sentenced, his past criminal history, if any, and the reason he didn't report for 2 months. The judge could sentence him to time served or longer and reinstate his probation, or (s)he could revoke probation and re-sentence him to the jail sentence on the original charges. He should contact his prior attorney or hire a new attorney to help him with this new problem.... Read More
there's not enough information to give you an accurate answer, but what happens will most likely depend on the judge, the jurisdiction where he was... Read More

Can PC 245(A) (1) assault with a deadly weapon be dropped PC 211 robbery?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
That depends how good his lawyer his. Perhaps it's time to shop for one.
That depends how good his lawyer his. Perhaps it's time to shop for one.
It sounds like a scam. I have heard similar stories over the past year or two. If you haven't done so already, delete the pictures and start looking for female companionship in better places.
It sounds like a scam. I have heard similar stories over the past year or two. If you haven't done so already, delete the pictures and start... Read More

Can PC 245(A) (1) assault with a deadly weapon be dropped PC 211 robbery?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Your son needs an attorney to help him with this. Assault with a Deadly Weapon and Robbery can carry long jail sentences. Stop looking for free advice and get him an attorney.
Your son needs an attorney to help him with this. Assault with a Deadly Weapon and Robbery can carry long jail sentences. Stop looking for free... Read More
This is not a criminal defense question, but may be a medical malpractice question. I suggest that you contact an experienced medical malpractice attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation.
This is not a criminal defense question, but may be a medical malpractice question. I suggest that you contact an experienced medical malpractice... Read More

MY SON 14 YEARS OLD HAVE A COURT TOMORROW FOR DRIVING WITHOUT A LICENCE IN CALIFORNIA

Answered 9 years ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Why not hire an attorney to appear on your son's behalf and have that matter disposed of? 
Why not hire an attorney to appear on your son's behalf and have that matter disposed of? 

If I am a domestic violence victim a city attorney picked up the case, if I don't show will charges drop?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
In order to get you to testify, the City Attorney would have to subpoena you by personal service within California. If you are out of state, they would not be able to force you to testify. Whether or not the charges would be dropped would be up the City Attorney handling the case and whether there is enough evidence to convict the defendant without your testimony. Hope this helps.... Read More
In order to get you to testify, the City Attorney would have to subpoena you by personal service within California. If you are out of state, they... Read More

Why did they let her out so fast after an assault?

Answered 9 years ago by Mr. Mark A. Broughton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She was probably cited out by the Sheriff (jail), which means given a citation (a form of arrest) that ordered her to come to court on a certain date in the future. This happens very often when a person is charged with a misdemeanor, or a non-violent felony, or the jail is overcrowded - that happens a lot on the weekends. Of course, she could also have posted bail, in which case she would be release as soon as the bond is posted. On the basis of what you have said these seem to be the most logical explanations.... Read More
She was probably cited out by the Sheriff (jail), which means given a citation (a form of arrest) that ordered her to come to court on a certain date... Read More

Should it get dismissed if my public defender isn't there?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not a chance!
Not a chance!

Can this petty theft charge can be taken off my record when I pay the fee I'll be assigned to?

Answered 9 years ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes.
Yes.

Can this petty theft charge can be taken off my record when I pay the fee I'll be assigned to?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
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.
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... Read More

How can I obtain copies of my file and all evidence brought against me?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to cough up some dough and hire yourself a "real" lawyer. You get what you pay for.
You need to cough up some dough and hire yourself a "real" lawyer. You get what you pay for.

Should I be worried if the package was confiscated by county sheriffโ€™s office?

Answered 9 years 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

How long can they ask for a continuous because they are waiting for a discovery from another police department?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
As long as your brother keeps waiving time and giving up his right to a speedy trial.
As long as your brother keeps waiving time and giving up his right to a speedy trial.

How long can they ask for a continuous because they are waiting for a discovery from another police department?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
As long as your brother waives his right to a speedy trial, continuances are granted fairly freely. As to how long each continuous is, is usually up to the attorneys involved with the permission of the judge.
As long as your brother waives his right to a speedy trial, continuances are granted fairly freely. As to how long each continuous is, is usually up... Read More

Does a restraining order go on my record as domestic violence or is it just a restraining order?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not unless you are charged by the prosecutor. For example, DV orders are sometimes served in divorce cases with no criminal consequences.
Not unless you are charged by the prosecutor. For example, DV orders are sometimes served in divorce cases with no criminal consequences.

Can someone get charge with robbery if one never occurred?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
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. Theoretically, a person can be charged with virtually anything. Whether or not there is enough evidence to convict him is another story. Why was he pulled over? Why didn't he have a license? Did he give permission to the police to search his vehicle? What kind f tools were found in his car? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you or your fiance contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your fiance arrest. (S)he would then be in a better position to analyze his situation and advise him of his options.... 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... Read More

Can I obtain dash cam footage before my court date?

Answered 9 years ago by Edward Jerome Blum (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes. Make an informal request in writing of the prosecuting agency and arresting agency.
Yes. Make an informal request in writing of the prosecuting agency and arresting agency.

Can I obtain dash cam footage before my court date?

Answered 9 years ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you may 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 may get a criminal record, and it isn't worth it.

Can you go to jail for welfare fraud of $3,000?

Answered 9 years ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Whether or not you receive jail time will depend on a number of factors, including your past criminal history and the jurisdiction/courthouse where your case is being heard. It is impossible to predict what a judge will sentence you to. Your best chance of avoiding jail is to hire an attorney to help you. If you cannot afford to hire private counsel, then ask the court to appoint the Public Defender to represent you. Good luck.... Read More
Whether or not you receive jail time will depend on a number of factors, including your past criminal history and the jurisdiction/courthouse where... Read More

Can you go to jail for welfare fraud of $3,000?

Answered 9 years ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes, it is possible. But unlikely.
Yes, it is possible. But unlikely.