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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 3
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Criminal Law
California

Recent Legal Answers

Is it a wise decision to change lawyers?

Answered 8 years and 2 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Based off of your post, who knows if your public defender has obtain you a good plea on your case. However, if you are unhappy with your current lawyer you certainly have the right to switch lawyers.
Based off of your post, who knows if your public defender has obtain you a good plea on your case. However, if you are unhappy with your current... Read More

What will happen to me if I get caught with a gun that is registered to me?

Answered 8 years and 5 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends on whether you can legally possess a firearm and it also depends on whether it was stolen or not.
Depends on whether you can legally possess a firearm and it also depends on whether it was stolen or not.

Can I file a civil suit against a shopping center for falsely accusing me of shoplifting?

Answered 8 years and 5 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No.
No.

Will I go to jail if I am on probation for petty theft and got a shoplifting charge?

Answered 8 years and 5 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 with a prior can be filed as a felony, and that's on top of whatever PV time you've got hanging over you. Time to shop for a lawyer.
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Petty theft with a prior can be filed... Read More

Will I go to jail if I am on probation for petty theft and got a shoplifting charge?

Answered 8 years and 5 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Depends on too many factors to even give you an educated guess (e.g., where you are, how old you are, what your record is, etc.). Contact a local criminal defense lawyer for better information.
Depends on too many factors to even give you an educated guess (e.g., where you are, how old you are, what your record is, etc.). Contact a local... Read More

What is 490 PC and what will happen if I was charged with it for theft?

Answered 8 years and 5 months ago by attorney Philip Daniel Hache   |   2 Answers   |  Legal Topics: Criminal Defense
PC 490 is a statute number for petty theft.
PC 490 is a statute number for petty theft.

If I was caught shoplifting, is there any way that I can get out of this situation without going into the court?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. 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.
No. 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,... Read More

Should I talk to them if a car that I rented was used in the commission of a crime?

Answered 8 years and 5 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

How can she protect her right to a fair trial after she was denied copy of case discovery by a public defender in a criminal case?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Spend some money and hire a "real" lawyer.
Spend some money and hire a "real" lawyer.

Can I claim self-defense if someone attacks and provokes a fight and a fight but the person was hurt?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That depends how good your lawyer is at presenting the case.
That depends how good your lawyer is at presenting the case.

What happens if I was supposed to turn myself in but didn't?

Answered 8 years and 5 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

What can happen if he was charged with conspiracy to commit crime and residential robbery?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Time to shop for a lawyer!
Time to shop for a lawyer!

How can I get my police record?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Go to your local Sheriff's office and ask for livescan.
Go to your local Sheriff's office and ask for livescan.

What's the worst that can happen to my friend who was caught with 15 Xanax and a bottle of alcohol?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your friend should hire a lawyer to go to court first to ask the Judge for an extension. Otherwise once the deadline hits a warrant will go out and your friend will be in violation of probation.
Your friend should hire a lawyer to go to court first to ask the Judge for an extension. Otherwise once the deadline hits a warrant will go out and... Read More

If I were offered a deal from the DA but I turned it down and took me to trial, can the DA give me more time than the first offer was before trial?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Absolutely, up to the statutory max. But it is the Judge who ultimately sentences.
Absolutely, up to the statutory max. But it is the Judge who ultimately sentences.

How much longer will you have to wait to get a speedy trial?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
This is something to discuss with the attorney of records. There are many reasons why the attorney may be continuing the case. Given he has been in custody for a year, this must be a felony. All the investigation may not be completed on the case. Talk to the attorney.
This is something to discuss with the attorney of records. There are many reasons why the attorney may be continuing the case. Given he has been in... Read More

If I was charged for possession of cocaine in 1998 and I already changed my life, what should I do?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If it was a straight possession charge under Prop. 47 you can file a motion to have it reduced to a misdemeanor. You may then file another motion to have the matter expunged from your record. You should consult with an attorney and have them file the necessary motions on your behalf.
If it was a straight possession charge under Prop. 47 you can file a motion to have it reduced to a misdemeanor. You may then file another motion to... Read More

What will you face if your 17 with no criminal record charged with armed robbery and possession of a fire arm, a shotgun?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are looking at time in juvenile hall. You should discuss this with your parents. Given you are a minor your parents are required to be in court with you. Have your parents retain an attorney for you. These are very serious charges.
You are looking at time in juvenile hall. You should discuss this with your parents. Given you are a minor your parents are required to be in court... Read More

How can I get a copy of the criminal protection order that have been terminated by the judge?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Go to the clerk's office at the court house and request a copy of the minute order.
Go to the clerk's office at the court house and request a copy of the minute order.

If a person inside a house says they heard a noise but saw nothing, can a person be convicted of vandalism with no eye witness?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
There are two types of evidence direct and circumstantial evidence. People can be convicted on circumstantial evidence alone. While having someone see the vandalism would strengthen the case, there may be other evidence that would prove you guilty beyond a reasonable doubt.
There are two types of evidence direct and circumstantial evidence. People can be convicted on circumstantial evidence alone. While having someone... Read More

If you turn down a plea offer, go to trial and you’re found guilty at sentencing, can the DA ask for more time than the original offer before trial?

Answered 8 years and 5 months ago by Maltaise E Cini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes, after trial the DA can ask for more time than they initially offered before trial. Sometimes a District Attorney will indicate that an offer will stay open until the next pre-trial however they are not bound by their initial offer. It is quite typical after trial for the DA to request an increased sentence.... Read More
Yes, after trial the DA can ask for more time than they initially offered before trial. Sometimes a District Attorney will indicate that an offer... Read More

If you are issued a bench warrant for a traffic violation and you pay the fines, will you still go to jail?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A misdemeanor cannot be dealt with simply by paying a fine. Court appearance is required. Consider hiring a lawyer to get this relatively minor charge dismissed.
A misdemeanor cannot be dealt with simply by paying a fine. Court appearance is required. Consider hiring a lawyer to get this relatively minor... Read More

Will I still be arrested if I shoplifted but nothing happened?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about being arrested, 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 being arrested, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral... Read More

How much time can he get for hit and run, DUI, bodily injury, resisting arrest and a strike for burglary while he is on parole?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about how much time, he needs to focus his attention on how he can avoid being convicted. Time to shop for a lawyer.
Instead of worrying about how much time, he needs to focus his attention on how he can avoid being convicted. Time to shop for a lawyer.

Is there any way I cannot do time since I need to keep working in order to finish paying my DUI ticket?

Answered 8 years and 6 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 the lawyer can begin to address the PV and the new case.
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
Criminal Law
California

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