Your current state is Ohio
My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More
answered on Apr 26, 2024
I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:
1. Document everything. Keep records and... View More
Because the office wasn't in a police car and also had normal clothes. The reason I was scared is because without looking like a cop anymore could have said they where a police officer and want to hurt me.
answered on Apr 26, 2024
Under California law, a police officer is allowed to execute a warrant while wearing plain clothes (i.e., not in uniform). However, the officer must identify themselves as law enforcement and present official identification when serving the warrant.
If you are concerned about the legitimacy... View More
They caught me and wrote down price tags which total up into 539$ but most them were on sale it shouldn’t be more then 200$, cop were called he saw the video me and told I will receive something in mail for boscov’s for 150$ civil fine and they will send a court meet within a month if i don’t... View More
answered on Apr 25, 2024
First the price of the items for determining the amount taken for a shoplifting charge is based on the retail price of the items not the sale price of the items thus then fact that they were on sale is irrelevant to your charge.
Second yes you did jeopardize your future, but a good lawyer... View More
In California, is an officer obliged to provide a lawyer with the report and evidence (photos, recordings) regarding the client's case (arrested/detained person) at his request?
Please provide the legal basis, e.g. from the Penal Code, if this is true.
answered on Apr 25, 2024
In California, criminal defendants have the right to obtain discovery from the prosecution, which includes relevant police reports and evidence. This is based on the U.S. Constitution's due process protections and California state law.
Under California Penal Code Section 1054.1, the... View More
answered on Apr 25, 2024
Blackmail is a serious crime and if you are being threatened or extorted, I would urge you to immediately contact law enforcement and seek the counsel of a qualified attorney.
Here are some general steps you may want to consider:
1. Document and save all communications related to... View More
I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.
The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.
answered on Apr 25, 2024
I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.
First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was... View More
The expungements were more than 7 years ago. The volunteer application has conflicting language on whether or not they need to be disclosed. That said, they don't fingerprint for this level of volunteer.
answered on Apr 25, 2024
In California, the general rule is that you do not need to disclose expunged convictions when applying for most jobs or volunteer positions, especially if the convictions are more than 7 years old. This is because an expungement under California Penal Code 1203.4 effectively dismisses the... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 25, 2024
You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 29, 2024
You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .
He was to be released by order of the judge and after his hearing they said they found stuff in his wallet and he caught another charge so wasn’t released
answered on Apr 25, 2024
His or her defense attorney may want to research whether a search of a wallet after a judge orders release is an illegal search. A search by the government is presumptively illegal unless authorized by a search warrant, or a recognized exception to the search warrant requirement applies.
Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took
answered on Apr 25, 2024
Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More
answered on Apr 24, 2024
Under California law, simply being accused of a crime by another person is not enough to get you arrested. For an arrest to occur, there must be probable cause to believe that you committed a crime. Probable cause is based on factual evidence, not just an accusation.
However, if the lady... View More
It is a misdemeanor, but self defense. Need to know how to navigate thru law of the sea in court, as an American National under law of the land, common law. In Hawaii dist 1. Just their procedures. Thank you.
answered on Apr 23, 2024
I'm not a criminal defense attorney, but you posted under Admiralty/Maritime, and your question remains open for four weeks. It would probably be best for an experienced criminal defense attorney who practices in Hawaii to advise you. But as a general point, I see you are working on... View More
I’ve been on pretrial release for 809 days. They just offered me out of no where a plea to plead guilty ( lie) anc I’ll get probation for 24 months which is almost 5 years all together. A tactic to help my ex’s lawyers use this in family court .
answered on Apr 23, 2024
If this case has indeed been lingering for that long you need to seek counsel. They can atleast speak to the Prosecution to shed some light on what has been going on and they can also do some things to force or push the State to stop sitting on your case. You need an experienced criminal defense... View More
answered on Apr 23, 2024
In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More
Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More
answered on Apr 23, 2024
I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:
1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender... View More
Is there any case law and would the intent of the law include LPR?
answered on Apr 23, 2024
California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.
However, federal law does... View More
For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington
answered on Apr 22, 2024
It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.
I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More
answered on Apr 21, 2024
Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More
answered on Apr 21, 2024
No, in California, a police officer cannot discipline a bicycle rider for not having an ID if the rider has already shown a valid driver's license. Here's why:
1. Bicycles are not motor vehicles under California law, so bicycle riders are not required to carry a driver's... View More
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