×
Go back to Martindale-Avvo ➔

California Criminal Defense Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 8
Do you have any California Criminal Defense questions page 8 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

What can be done if my brother is being accused of rape?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Remind him he has the right to remain silent! Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used against him later.
Remind him he has the right to remain silent! Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and... Read More

Can the FBI question my son at school without parental consent?

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

Do I have enough evidence to ask for a Serna motion?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Sounds like it. You should hire a lawyer to go to court to recall the warrant first. 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 and argue the motion on your behalf, and you'll stand a much better chance of success.... Read More
Sounds like it. You should hire a lawyer to go to court to recall the warrant first. A lawyer can do this without you present if the underlying... Read More

How much trouble am I in for an 18 year old warrant?

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

Can I be videotaped without consent?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is only illegal to video or photograph a person if the person is in a place where they have a reasonable expectation of privacy. Outside of your apartment, you do not have a reasonable expectation of privacy. You don?t have to consent to being filmed in security cameras.
It is only illegal to video or photograph a person if the person is in a place where they have a reasonable expectation of privacy. Outside of your... Read More

What should I do and do I have a bench warrant or warrant if I fail to turn myself in?

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

How would the situation would work out for me being homeless and not being able to pay $35 every week?

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

What if you get charged with a gun and you never even got caught with one, what will happen?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Looks like it's time to shop for a lawyer.
Looks like it's time to shop for a lawyer.

Could parents press charges against me with no evidence?

Answered 8 years and 8 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 the store send this to collections and sue me for more money?

Answered 8 years and 8 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. Signing the papers was foolish enough, and paying the civil demand will make you look even more guilty. 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. Signing the papers was foolish... Read More

Can I get my gun license if I have one or two misdemeanor charges?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not if it is DV. Either way you should expunge it. 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.
Not if it is DV. Either way you should expunge it. You need to have successfully completed the entire term of probation, have nothing criminal... Read More

What will happen if I show up or should I call the PD since I missed my court date?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should hire a private 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 private 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 can I do if I accidentally served alcohol to a minor at my restaurant?

Answered 8 years and 8 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're going to 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're going to get a criminal record, and it isn't worth it.

What will happen if I forgot my court 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

If my husband was arrested for domestic violence and they ate trying to charge him for child endangerment, what will happen?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
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, because if convicted he will get a criminal record, lose his gun rights for life, and be forced to attend a long and expensive 52-week class.... Read More
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... Read More

I got arrested for solicitation of prostitution.

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
At your first court date the Court will ask you to enter a plea to the charges. If you do not have a lawyer you can ask to be assigned to the PD's offfice. You should call around and talk to local lawyers to discuss your matter in detail. 
At your first court date the Court will ask you to enter a plea to the charges. If you do not have a lawyer you can ask to be assigned to the PD's... Read More

Am I legally required to pay for this $400 civil fine?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nope. It's just a civil action before you and them. Nothing more, nothing less.
Nope. It's just a civil action before you and them. Nothing more, nothing less.

What if I missed my court date and got pulled over for a fight that happened in high school?

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

Will the DA still try to prosecute even though no bodily harm was done to that woman?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. They can simply prosecute it as an assault (without the deadly weapon part).
Yes. They can simply prosecute it as an assault (without the deadly weapon part).

How to be proven innocent against a charged with receiving stolen property?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Simple. Hire a good lawyer.
Simple. Hire a good lawyer.

Will I go to jail for my gun charge since it’s a felony?

Answered 8 years and 8 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. 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. Time to shop for a lawyer.

Can I file criminal charges against a contractor who took a deposit and never started any work?

Answered 8 years and 8 months ago by Jared Christian Winter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Only if you are a prosecutor.
Only if you are a prosecutor.

Should a letter call or something be received to let someone know they have a warrant?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They usually send a letter to inform him of a court date, and if he doesn't show up to court a warrant goes out. There is no requirement that a letter precedes a warrant.
They usually send a letter to inform him of a court date, and if he doesn't show up to court a warrant goes out. There is no requirement that a... Read More

If my nephew was interrogated and detains at school without his mother present, is this allowable or admissible in court?

Answered 8 years and 8 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes.
Yes.

If my nephew was interrogated and detains at school without his mother present, is this allowable or admissible in court?

Answered 8 years and 8 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
It is. There is no requirement that the mother be present.
It is. There is no requirement that the mother be present.
Criminal Law
California

Helpful Resources