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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 4
Do you have any California Criminal Defense questions page 4 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

If I have a criminal complaint in violation of the two counts, do I have the right to say something in the court house to the judge?

Answered 8 years and 6 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 may end up getting 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 end up getting a criminal record, and it isn't worth it.

How do I stop a no contact order if I'm not pursuing the case?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can't. It's out of your hands. Couples reconcile all the time, and no DA will drop charges or the order simply because the victim has had a change of heart. He need a good lawyer.
You can't. It's out of your hands. Couples reconcile all the time, and no DA will drop charges or the order simply because the victim has had a... Read More

Can no-female-arresting-officer be grounds for dismissal of an old case?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You're talking apples and oranges. You need to call a lawyer and be represented. That's your best chance of a dismissal.
You're talking apples and oranges. You need to call a lawyer and be represented. That's your best chance of a dismissal.

Will Livescan show a misdemeanor charge related to non-criminal or alcohol charge?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Absolutely, which is why you should consider expungement. 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 expungement on your behalf.
Absolutely, which is why you should consider expungement. You need to have successfully completed the entire term of probation, have nothing criminal... Read More

Can be arrested in another county if I shoplifted at a store in a different county?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Absolutely. Same organization, same list, same facial recognition software.
Absolutely. Same organization, same list, same facial recognition software.

What will happen if I don’t go to court for shoplifting, false ID, and burglary tools?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A warrant will be issued for your arrest. 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.
A warrant will be issued for your arrest. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your school/employment... Read More

Can the DA question a minor who is a witness and have the arresting officer present asking questions?

Answered 8 years and 6 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

Will I face jail time if I was caught shoplifting about 2 years ago but the store did not prosecute?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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 another 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

How long can someone be held without trial?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That's because this "friend" keeps waiving his/her right to a speedy trial.
That's because this "friend" keeps waiving his/her right to a speedy trial.

\\For traffic misdemeanour case dropped $4,500 fine and serve one day in jail but I missed that one day, its over 8 month now, what will happen?

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.
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 proof is needed to convict theft in absence of direct evidence?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your own words admitting guilt.
Your own words admitting guilt.

Can I be charged with possession and trafficking if I did not have it?

Answered 8 years and 6 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 will be the punishment and is this considered obstruction of justice?

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

Can I require my son's killer take a lie detector test?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nope. Lie-detector tests are not admissible in court.
Nope. Lie-detector tests are not admissible in court.

What options do I have if I can’t take the classes because I have a warrant?

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.
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 I don’t want to go to court for my charge?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Simple, a warrant goes out for your immediate arrest. 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
Simple, a warrant goes out for your immediate arrest. Petty theft is a crime of moral turpitude, and if convicted it will really hurt your... Read More

If I agreed to go in to get my fingerprints scanned, what happens if I change my mind?

Answered 8 years and 6 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, or give voluntary fingerprints. Remember, no matter what you say it will be twisted around and used against you later. Hire a lawyer before you dig a big hole for yourself.
You have the right to remain silent. Only idiots talk to investigators/cops, or give voluntary fingerprints. Remember, no matter what you say it will... Read More

If someone finds drugs, take them into police and tell them it's yours, will they take their word?

Answered 8 years and 6 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

Will they give me a deal to finish the rest of my hours or days in jail after a probation violation?

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 for the probation violation. 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 talk to the Judge about the PV.
You should hire a lawyer to go to court to recall the warrant for the probation violation. A lawyer can do this without you present if the underlying... Read More

Could I pay whatever I owe to stay out of jail?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Doesn't work like that. You should hire a lawyer to go to court to recall the warrant for the probation violation. 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 talk to the Judge about the PV.
Doesn't work like that. You should hire a lawyer to go to court to recall the warrant for the probation violation. A lawyer can do this without you... Read More

What can I do if I was caught stealing and I can’t pay the legal fees?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Don't confuse the civil case between you and the store with the criminal case in court between you and the state. 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
Don't confuse the civil case between you and the store with the criminal case in court between you and the state. Petty theft is a crime of moral... Read More

What can happen if I missed court with hospital note?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a "real" 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 "real" 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

What should I do I have an outstanding warrant for a misdemeanor because of failure to appear am I going to jail?

Answered 8 years and 6 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

Has my case been dropped if I haven't received anything in the mail?

Answered 8 years and 6 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Not necessarily. The statue of limitations on most misdemeanors is one year. They have up to that time to file charges.
Not necessarily. The statue of limitations on most misdemeanors is one year. They have up to that time to file charges.

Is it possible that the TRO can be dismissed and send us both to therapy?

Answered 8 years and 6 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to hire a lawyer.
You need to hire a lawyer.
Criminal Law
California

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