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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 7
Do you have any California Criminal Defense questions page 7 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

Can they convict me of buying the box when I did not know other items were in there?

Answered 8 years and 7 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Hire a lawyer if you haven't already. If you can?t afford to, talk to your public defender. Your question cannot be answered without a lot more information and you shouldn't post more details online (which I think you must already know because your question is so vague).
Hire a lawyer if you haven't already. If you can?t afford to, talk to your public defender. Your question cannot be answered without a lot more... Read More

Can they convict me of buying the box when I did not know other items were in there?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
That depends how good your lawyer is.
That depends how good your lawyer is.

What happens if I'm one day late for surrendering?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It doesn't work like that. 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 get a new surrender date.
It doesn't work like that. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying... Read More

What should I do if my ex-girlfriend had a restraining order put on me but she keeps on contacting me via text?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Save those texts and show them to the Judge who issued the order.
Save those texts and show them to the Judge who issued the order.

Defense against under inf charge I was taken from sleeping home and blood draw forced.vvim RN GF says I did not participate. Her charges dropped she h

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should consider hiring an attorney to take this matter to trial.
You should consider hiring an attorney to take this matter to trial.

I have court this Coming wensday i am not Sure what i am bring Charge with how do i find out what I am bring charged with

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should contact a local attorney for a consultation and to verify your charges.
You should contact a local attorney for a consultation and to verify your charges.

What if the judge ignored my requests to get a different PD?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Time to cough up some money and hire a "real" attorney.
Time to cough up some money and hire a "real" attorney.

Will I got to jail for 148.5 violation?

Answered 8 years and 7 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. 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. Hire a lawyer before you dig a deeper hole for yourself.... Read More
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. You have the right to remain silent.... Read More

If I'm on parole and I got caught driving twice in one month with no license, what consequences will the judge give me?

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 get this relatively minor charge infracted. By yourself you're going to get a parole violation, and it isn't worth it.
You should hire a lawyer and get this relatively minor charge infracted. By yourself you're going to get a parole violation, and it isn't worth it.

If you're on probation for DUI and then get a battery charge, what are you facing?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The battery, plus whatever time was not served for the first DUI. For example, if you were on probation for a 1st DUI, the statutory max is 180 days. If you did not do any time, then the entire 180 is your current "exposure." Time to shop for a lawyer.
The battery, plus whatever time was not served for the first DUI. For example, if you were on probation for a 1st DUI, the statutory max is 180 days.... Read More

How can I get the final court disposition when the citation happened when I was 16-17 years old at the time?

Answered 8 years and 7 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you're in California, I would recommend requesting a copy of your criminal history from the Department of Justice (google CA department of justice). You pay $35, get your fingerprints taken at a Livescan, and in a couple of weeks, you'll receive a copy of your criminal history from the state. That will show you what is on your record. Then you should contact a local criminal defense attorney to find out how to clear up whatever is on there.... Read More
If you're in California, I would recommend requesting a copy of your criminal history from the Department of Justice (google CA department of... Read More

What can be the time for stolen vehicle, DUI .8 or more, evading officer, miscellaneous offense and receiving stolen vehicle?

Answered 8 years and 7 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. You need to hire a DUI specialist and do it soon because you have only 10 days to save your license.
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist and... Read More

What should I do if I was turned away for being late turning myself in on my surrender date?

Answered 8 years and 8 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

Are diversion programs only available for minors?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
Yes, you will have a lawyer appointed to represent you if you go to court and your lawyer can talk to you about diversion programs. Some counties mail info about diversion to you and make it so you don't even need to go to court. Either way, you should be eligible for a diversion program. Good luck.... Read More
Yes, you will have a lawyer appointed to represent you if you go to court and your lawyer can talk to you about diversion programs. Some counties... Read More

Can a rent-a-car business press criminal charges against me for failure to return property?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Only prosecutors can bring criminal charges. You likely can include your financial debts to the rental car company in your bankruptcy. But you can't just keep the car because you've declared bankruptcy, because it was never yours to begin with. The short answer to your question is that you can be criminally prosecuted for failing to return a rental car and it doesn't matter whether you've declared bankruptcy against the rental car company or not.... Read More
Only prosecutors can bring criminal charges. You likely can include your financial debts to the rental car company in your bankruptcy. But you... Read More

What happens if get caught with shoplifting while on informal probation?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  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. This would also lessen the impact of a probation violation.... Read More
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 long before they release my daughter if she was arrested for an infraction?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Trespassing is not an infraction (at least a misdemeanor). If there was bail set, she will be released when she pays it.
Trespassing is not an infraction (at least a misdemeanor). If there was bail set, she will be released when she pays it.

Can a person be convicted if witness come in and say they were never held hostage?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Absolutely, especially if you forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted around and used against you later.
Absolutely, especially if you forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted... Read More

What legal steps do we take to get another public defender appointed to him?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a private attorney who actually answers calls.
Hire a private attorney who actually answers calls.

If my vehicle was searched but search warrant says granted on the following day, can this be cause for dismissal of my case?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Sometimes. Depends on the case and the circumstances. You need to talk to your lawyer about it. This isn't the kind of question free legal answers on the internet are going to help you with.
Sometimes. Depends on the case and the circumstances. You need to talk to your lawyer about it. This isn't the kind of question free legal answers... Read More

Can I still petition to do Traffic School if I have a speeding ticket?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a lawyer and go to trial. The cop may not even show up.
Hire a lawyer and go to trial. The cop may not even show up.

How can I remove a drug possession record that is 28 years old?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Just contact a criminal defense lawyer located in the area where you were convicted.
Just contact a criminal defense lawyer located in the area where you were convicted.

Can they use force to take my fingerprint for a DMV form?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Sorry to hear things unfolded so badly for you. You don?t have a right to refuse the urine test if you have been arrested for DUI. You also don?t have the right to refuse to participate in the booking process, including getting your fingerprints taken. Whether you are innocent or not, throwing a tantrum is not the way to handle getting arrested. You only make a bad situation worse by doing so. The better course of action is to calmly and respectfully comply and then fight for your innocence in court.... Read More
Sorry to hear things unfolded so badly for you. You don?t have a right to refuse the urine test if you have been arrested for DUI. You also don?t... Read More

Can they use force to take my fingerprint for a DMV form?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Instead of worrying about fingerprint, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Instead of worrying about fingerprint, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist, and... Read More

Im being charged with a crime i didnt do

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Without more information it would be impossible to point you in the right direction.
Without more information it would be impossible to point you in the right direction.
Criminal Law
California

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