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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 5
Do you have any California Criminal Defense questions page 5 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

Is there a way I can go to the clerk without getting arrested and give them the paper to reschedule the court date?

Answered 8 years and 6 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You get charged to get a letter of reassumption? Never heard of that. Yes, it will show up in databases in other states. You can't run from this problem. Best to just bite the bullet and deal with it now.
You get charged to get a letter of reassumption? Never heard of that. Yes, it will show up in databases in other states. You can't run from this... Read More

Is there an assumption that guns will be placed back into said safe while felon is residing in the home?

Answered 8 years and 6 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The way you've worded this, I don't know what you're asking. If you asking whether keeping guns in a safe will prevent a felon in possession of a firearm charge, the answer is no.
The way you've worded this, I don't know what you're asking. If you asking whether keeping guns in a safe will prevent a felon in possession of a... Read More

Can a different Police Officer represent the one who pulled me over for a violation ticket in a trial?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not unless they were together at the time.
Not unless they were together at the time.

What should I do if I was broken down in my car hood up when arrested for DUI, no alcohol, and was put in jail?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won't budge.... Read More
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific... Read More

Shouldn’t I get a copy of all the evidence submitted for a trial?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Perhaps you should spend some money and hire a private attorney.
Perhaps you should spend some money and hire a private attorney.

Can a fingerprint convict someone of stealing something from the home they work in (maid, nanny, care-giver, etc.)?

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 and go voluntarily for a fingerprint scanning. Remember, no matter what you say it will be twisted around and used against you later. Don't get tricked into going. Hire a lawyer.
You have the right to remain silent. Only idiots talk to investigators/cops and go voluntarily for a fingerprint scanning. Remember, no matter what... Read More

Can I buy a gun to have at home if I crossed the border with pounds of marijuana 14 years ago?

Answered 8 years and 6 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you have a felony conviction in California, you are banned for life from owning firearms. You would need a pardon from the governor, which is very difficult to get.
If you have a felony conviction in California, you are banned for life from owning firearms. You would need a pardon from the governor, which is... Read More

If I have a misdemeanor jail warrant out, can I hire an attorney to put me on calendar?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. A lawyer can go recall the warrant first and do so without your present, so it is less risky for you. A lawyer a then work out a new surrender date without additional punishment for VOP.
Yes. A lawyer can go recall the warrant first and do so without your present, so it is less risky for you. A lawyer a then work out a new surrender... Read More

Will I go to jail for stealing?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Instead of worrying about the the fee, 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 the fee, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral... Read More

Are the police allowed to come search your house without a warrant while you are on parole?

Answered 8 years and 6 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes.
Yes.

If my friend missed arraignment and wants to reschedule, can he do that?

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 happens if I miss my court date and I'm out on bail?

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

Will I do time if I was cited for a possession of assault weapons in November 2012, arrested in June 2017 and charged with P30605?

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 file what is called a SERNA motion to get the case dismissed.
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

Can I expunge my DUIs in 2018 when my original probation is to end or do I have to wait until 2019 when the probation for the disturbing the peace end

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Must wait until all probation ends.
Must wait until all probation ends.

What do I do if I am accused selling drugs?

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 happen if my son has no priors and was caught selling ecstasy to an undercover officer?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That depends how good his lawyer is.
That depends how good his lawyer is.

What can I do to help my case until I go to court?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer, so you don't show up alone!
Hire a lawyer, so you don't show up alone!

What will happen if I am only 18 and got caught with a fake ID buying liquor?

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.

What can happen if I have been charged with forgery?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Forgery 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 reduction or ultimate dismissal.
Forgery 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... Read More

If the judge gave me a couple months to fix my ticket, is there still a warrant for my arrest until I see the judge again?

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 or infraction, 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 or... Read More

What should I do if while driving a friend's car, I was stopped and a gun was found in it?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer instead of showing up by yourself!
Hire a lawyer instead of showing up by yourself!

Will possession of marijuana in a vehicle show up on the NDR?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a lawyer and consider expungement.
You should hire a lawyer and consider expungement.

How do I represent myself for a vehicle evading case?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Best advice: cough up some money and hire a lawyer.
Best advice: cough up some money and hire a lawyer.

What do I do if I was charged with possession of marijuana and I missed my court date?

Answered 8 years and 7 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

If the victim is on felony probation and violated and victims involved in the case don't testify, what happens?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The threshold is really low. The Judge could find a violation just by him simply getting arrested.
The threshold is really low. The Judge could find a violation just by him simply getting arrested.
Criminal Law
California

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