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Are the chances good to have a deportation case vacated due to cal penal code 1016? It's going to depend on a thorough review of the case. First, the plea form. Penal Code section 1016 requires certain language regarding immigration consequences to be on the form. Next, it may require getting a copy of the plea transcript to see if the judge said anything contradictory or took an ineffective plea. Finally, it may come down to a writ of error coram nobis to try and undo...

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if a child gets two misdameanors before the age of 18 will it be cleared when they become adults? Nothing is automatic in criminal law in California. While records can be ordered sealed, they don't automatically "clear" just because you turn 18. www.joedane.com

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Is speed radar legal in California? Not sure what the other answer is referring to. I believe the question asks if the police can use radar to measure speed and issue citations, not asking about radar detector use by drivers. To answer that question, it's yes - the police can use radar, provided they meet the training, calibration and other criteria of the California Vehicle Code. www.joedane.com

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Who issues certified death certificates in California? The answer above answers where to obtain one, but doesn't answer the original question. The death certificate is issued by the coroner's office in each county. Every county has a coroner or medical examiner that is legally responsible for determining cause of death and issuing death certificates. Yes, the county office of vital records can be distribute copies, but they are issued by the...

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Is adultery against the law in California? No, adultery is not illegal under California law. There is the crime of bigamy - being married to two persons at the same time. That's covered under California Penal Code section 281. Source: Former cop, former prosecutor, defense attorney, practicing law 15+ years. www.joedane.com

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Is it legal to spank your child in California when your in public? Yes, it is legal. Although there are laws against inflicting corporal injury on a child (California Penal Code section 273), there is a right of parental discipline to use "reasonable" amounts of physical force against a child for discipline. www.joedane.com

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How do i contest a cell phone ticket in california? You can actually have two fights if you want. First, you can request a trial by written declaration (TBD). If you respond timely and request such a trial, the officer must submit their version in writing by a certain date. If they don't, you win. If they do submit their version and you lose the TBD, you can still request a trial de novo (an actual court trial in front of a traffic judge)....

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Is DUI a criminal offense in California? The other answer is correct... to a degree. For a first time DUI offense, assuming there was no collision or other aggravating factors, usually results in no jail time beyond the initial booking process you went through on the day of your arrest. The standard minimum fine is $390 plus penalty assessments. Those penalty assessments (a.k.a. taxes) about triple the base fine. Add to that...

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How long does a DUI conviction stay on your record in California? It depends on what you mean by "on your record." A DUI can be used as a prior against you for 10 years, so it stays on your DMV history for that time period at a minimum. It will stay on your criminal history indefinitely unless you get an expungement (a dismissal pursuant to Penal Code section 1203.4). If you are granted an expungement, you can tell private employers that you have not...

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I just purchased my very first Rouger P95, what is my sext step as to registering this weapon? This gun will be used for work only. Your purchase registered the firearm to you through California's Department of Justice. If you're asking about a concealed weapons permit (CCW), those are issued by the Sheriff of the County you live in or the chief of police if the Sheriff doesn't handle them in your county. Some counties will not issue them, no matter what your reason is. Others will upon a showing of good cause. Then...

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What is the statue of limitation for reporting violent crimes in the state of CA? The statute of limitations has to do with how long the prosecution has to file charges. On most misdemeanors, it's one year from the date of the offense. On most felonies, it's three years from the date of the offense. There are some exceptions for life crimes, crimes against minors, homicide and certain fraud cases. You can make a report at any time to law enforcement, but a significant...

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Is identity theft a felony in California? Yes, it's a felony under Penal Code section 530.5. There can also be related offenses (felonies as well) depending on the conduct done during the course of identity theft. Forgery (Penal Code 470) and credit card fraud are ones that come to mind. If you also falsely represent yourself to make someone else liable (either civilly or criminally, it's false personation under Penal Code section...

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Is trespassing a misdemeanor in California? There are a number of different trespass sections in the California Penal Code. Sections 602 and 602.5 cover most of them. They're misdemeanors, but can also be reduced to infractions. As a misdemeanor, the maximum sentence is six months in county jail and/or a thousand dollar fine.

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If someone kills another person while reasonably and justifiably defending themselves, are they responsible for the other person's death? When you say "responsible," that can have many meanings. If you're acting in true self-defense under the law, then the killing is not unlawful and you're therefore not "responsible." That doesn't preclude the family of the decedent from bringing a civil action for wrongful death. A prime example is the OJ Simpson case (the murder case, not the robbery). He was acquitted (found not guilty -...

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Can I still become a teacher in California if I have been convicted of shoplifting? What if I have my record expunged? You will have to disclose the conviction and although you might be okay, it's going to certainly hinder your chances. Expungement will help . . . but it's limited. It allows you to tell private employers you've never been convicted of a crime, but it still appears on your record (it adds a note that the case was dismissed pursuant to Penal Code section 1203.4). You will still...

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Got a reckless driving for supposedly cutting off a off duty officer,was pulled over 5 miles after the off duty officer quit following was told this by the on duty officer.off duty officer never showed up.i dont think it was me.whats the law in ca. You've got a decent defense. Reckless driving can be a misdemeanor or an infraction. If it's an infraction, the citing officer must have observed the offense. If it's charged as a misdemeanor and you were cited, it was technically an arrest and a release on the citation. The arrest is unlawful, as the officer cannot arrest for this particular misdemeanor if not committed in...

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Will i be arrested if i visit an inmate in san diego conty jail if i have a bench warrant in arizona? It's very likely. You must present a form of ID when you go to visit. They usually will run everyone that comes in. Could you be the lucky one that slips through? Maybe, but it's not worth the gamble. Either don't visit or take care of the warrant first. If you do clear up the warrant, be sure to carry paperwork to that effect so you don't get hooked up by mistake.

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What is the penalty for filing a false police report about signing dmv documents Filing a false report is a misdemeanor under Penal Code section 148.5, but there is a bigger problem. Most DMV documents are signed under penalty of perjury. Perjury is a felony.

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Im 18 and my girl friend is 16 is it illegal to have sex with her In the state of california It is illegal. It is against the law to have sexual intercourse with anyone under the age of 18 in California.. even if you're under 18 too. See Penal Code section 261.5 http://www.joedane.com/faq/what-is-statutory-rape/

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If everyone received a traffic ticket for not using their blinkers when changing lanes on the freeway, wouldn't that end the state budget problem? Good thought, but... if you do the math, you'll see it wouldn't work: Let's say an average police officer makes $60,000 a year (they've got a few years experience and we're talking southern California salary). How long do you think it would take that officer to make a traffic stop, get your license, insurance & registration, do a warrant check, issue the...

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What is it called when you go to jail for letting people store stolen goods in your home and not reporting them? You could be responsible two ways: Possession of stolen property or as an accessory to the original theft.

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How can you find out how good a lawyer (family) is before you hire him, specially his negotiating abilities and the number of cases he won so far? First - the number of cases "won" is subjective. What is a "win"? A settlement that benefits both parties is a "win" to some people. For others, it means getting absolutely everything your side wants. To check out an attorney: First - I would suggest looking them up on your state bar's website. How long have they been practicing? Do they have any...

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Are there any other crimes besides sexual offences in which someone would be required to register their name and address with the state/local govt? I think it would be rather helpful to know if a murderer, thief, felony DUI ..etc was living near me too. In California, narcotics offenders are required to register (Health & Safety Code section 11590) as well as convicted gang members (Penal Code 186.22). Those are not public databases, however - they're for law enforcement use only unlike the sex offender registry.

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What is the time for attempted murder Actually, in California, the punishment for attempted murder is life in prison with the possibility of parole only if it is proven that the attempted murder was willful, deliberate and premeditated. In that instance, "life" means you're eligible for parole in 7 years. For all other attempted murder cases (those without premeditation), the punishment is 5, 7 or 9 years in...

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After being charged with a drug offense are you subject to search everytime being pulled over? I agree with a previous answer - if you are only charged, but not convicted, then the police need probable cause to be able to search. If you're convicted and on probation or parole, you may have as one of your terms a Fourth Amendment waiver or a "search clause" which means they CAN search, even without probable cause.

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Can the cops make you leave your business while they wait for a search warrant? Each state may have slightly different rules, but in some instances, the answer is yes. If the officers have probable cause to search and are obtaining a warrant, in some cases, they may "freeze" the location while waiting for the warrant to prevent destruction or loss of evidence. You may be asked to step outside (or be detained away from the evidence) while the warrant is obtained.

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If someone was arrested (non violent crime) and the charges are dropped will the state pick them up and proceed with it. And if so why? Since the (victim dropped all charges). Criminal prosecutions are not up to the individual victim to pursue. They are filed by the government on behalf of the state. While some jurisdictions will listen to the victim's wishes and dismiss (or never file) a case if the victim doesn't want to go forward, others will proceed, even if it's against the victim's wishes. The prime example is domestic violence...

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Would someone who was sentenced to probation have to report to probation if he appeals his case due to his lawyer misrepresenting him? Unless the sentencing court issued a stay on your punishment pending the outcome of the appeal, you would have to report to probation (or whatever the terms of your sentence are) even if you've filed a notice of appeal.

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How long does a misdemeanor stay on record? They don't just automatically drop off, so unless you do something to get it off your record, the answer is "forever." There are procedures to clear your record though. My answer is based on California law. It may vary depending on where you are. You can seek to have the conviction expunged (taken off your record) by filing a motion with the court. If you have successfully...

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What determines whether or not a criminal receives "life-time in jail" or "230 years in jail"? Watched a prison tv show the other day, and was very confused by this... Every criminal statute must have a sentence attached to it to be valid. While they may have a set range of sentence known as "determinate" sentences(for example, basic felonies such as possession of drugs in California carries 16 months, 2 years or 3 years in prison as a possible sentence) or an "indeterminate" sentence (something to life). Each state will have its own...

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When evidence is deemed inadmissible in court, but the jury is still aware of the evidence, how is the jury's disregard for said evidence enforced? If there was a pre-trial ruling that certain evidence was not to be admitted or mentioned, but it got brought up in front of the jury, it could cause a mistrial. That's the extreme solution. Most often, the judge will admonish the jurors to disregard the evidence and treat it as though they had never heard it. It's hard to "undo" what the jury has heard, but the...

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OK so we let someone take over our van payments and now we cant get a hold of him to get any info regarding Insurance or papers notarized stating that he has the van and is responsible for everything that occurs while he is in possession of it Go to your DMV and file a "release of liability" form. Bring whatever documentation you have about the sale of your van. See California's example at: http://dmv.ca.gov/forms/reg/reg138.pdf Tip for next time? Get the buyer to sign one of these so you can file it with the DMV right away. Protect yourself.

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I have a public defender, when he was assigned I didn't have a job. If I get one now (After the fact) can they take my public defender away because I can now "afford" an atorney? They usually don't undo the appointment once it's been made. It's your status at the time of appointment that matters. The public defender is not necessarily "free" though. You may be required to repay some or all of the cost of representation based upon your ability to pay at the conclusion of your case.

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Can you cahange a "no contest" plea to "not Guilty" before you have been sentenced? Once you've entered a plea of guilty of "no contest," you have to be allowed to withdraw your plea to get back to your original "not guilty" plea. Some courts and jurisdictions are better about letting you do that, others will require a formal motion to be heard. Unless you were mislead about the terms of the plea or it was legally an inadequate plea,...

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Incarceration: Can two life sentences that are stacked be changed to run concurrent? if so how? Yes. The sentencing judge has the option to run the sentences concurrently (at the same time) or consecutively (back to back). It affects the possible parole eligibility date (depending on the jurisdiction and their laws).

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Before my dad died, he wrote a wil. My mom is stil living. Can she change that will? No. A will is a legal document directing what a person wants done with their estate upon their death. They alone have the authority to change it. Of course, if the will in unenforceable for legal reasons (for example, illegal restrictions put on distribution of assets or if he tried to give away more than he was legally entitled to), then the entire will (or portions of it) may be...

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What is the role of a defense attorney? A defense attorney's role has many layers. Most importantly, they act as a balance to the state's power. The police and prosecutor have virtually unlimited resources at their disposal to investigate and prosecute criminal offenses. Your attorney can stand up for you - to challenge searches, warrants and other legal proceedings. They can spot flaws (either legal or evidential)...

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Will I be sentenced to a longer jail sentence if I miss a remand date? More than likely, yes. At the time of your plea (or conviction), if you were given time to get your affairs in order before remanding yourself to custody, you may have also given a waiver that allows the court to impose more time if you fail to report as ordered. In addition, the order from the court may be the basis for a violation of probation which could lead to additional time...

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Is criminal rehabilitation a myth? Can individuals rehabilitate themselves? Absolutely. Does the system actually rehabilitate anyone? Probably not. The California Penal Code (Penal Code section 12)says that the law was enacted to enforce the law and punish those that break it. Yes, there are programs available in the criminal justice system. Yes, some people do take advantage of them and do no reoffend. But the vast...

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Can a friend who is not a licensed attorney, but is a licensed realtor and a licensed mortgage broker represent me in court. What would the ramifications be for her? No - they would be practicing law without a license and could face criminal prosecution.

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If you loan out your vechile to a roommate and or spouse or other companion and if they dont return it within 24 hrs. can it be reported it in as stolen? Although laws vary by jurisdiction, in general, no. Theft of an auto occurs if the car is taken without consent. Since you loaned the car to them, there is no theft. If you are able to clearly communicate to them that your consent is withdrawn and you're demanding your car back, then you may be able to file a report for embezzlement or another form of theft (or there are specific laws...

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Lawyers please answer. I received a yellow slip to pick up a certified letter & it's from the local police. Do I have to pick it up & if I don't could I get arrested or be in trouble. I haven't done anything wrong. I afraid to get it. What should I do? You don't have to pick it up. Anything that's sent certified to you is the sender's way to prove you actually got the letter. If you don't pick it up within a certain period of time, it will be returned to the sender. You may want to go a head and pick it up though. It might be better to see what the police want so you can deal with it before it gets worse. Maybe...

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Can DNA be requested in discovery documents In a criminal prosecution, the defense is entitled to discovery of any materials the prosecution is in possession of. The prosecution must turn over all evidence they intend to introduce at trial. In addition, they are obligated under Brady v. Maryland to turn over any exculpatory evidence (evidence that completely exonerates, raises doubt or even lessens punishment). If the case...

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How do I find out what date a Ohio revised code was first put into effect? The code itself (a full version, not an abbreviated one) should have enacted dates, as well as the dates of any modifications.

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Can the HOA force you to pay for cable tv if you do not want it Your CC&Rs should spell out what things are included in your HOA dues. You may have a provision that mandates everyone pay into the cost of having cable TV run to the complex or for it to be in common areas (like a clubhouse). But to force you to pay for in in your individual unit? Doubtful. Check your CC&Rs or attend the next HOA meeting and ask.

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Should prosecutors allow political and personal factor influence the court system or should all criminals be treated the same? Should they? No. Do they? Each and every day. The same exact crime committed in one county will be treated differently in the neighboring county. Why? Because of the politics behind the elected official - the District Attorney of the county. They're pandering to the voters. In a conservative county, the punishments are much more severe. Not because the crime is any worse, simply...

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If your 17 do you have to go to court with a parent for a MIP If you are being prosecuted under the juvenile court system, then yes, you need to bring a parent or legal guardian with you.

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If a case is dismissed and all records of arrest and discharge or dismissal are a nonpublic record, will this still be on my criminal background check? It depends. If you were arrested and booked, it's likely your fingerprints were taken. That's how they link criminal records - by prints. So yes, the fact of the arrest may be on your record. Your state may have a procedure to get a judicial finding of "factual innocence". That can have the entire case taken off, including the arrest. If this is the case, it may be...

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If I decide to picket a business do I need a permit? They owe me money that was upheld in court and refuse to pay. I would like to picket their store with the hope they don't want the unwanted publicity it might bring. **consult your local state/city laws to verify this general information** The short answer is no, you don't need a permit. If one person wanted to picket, they have a right under the First Amendment to free speech. That includes carrying a picket sign out in front of a business. If you choose to do this, be sure of several things: 1. Stay on the sidewalk. Do not in any way...

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If a woman owned her home(2 years) before the marriage and then divorced ten years later. Would the husband be entitled to any of the home? Most likely. I assume part of the husband's income went toward the payment on the mortgage. Because he contributed to the mortgage, he has in essence "invested in" the house. He would be entitled to a portion of any increase in value of the home for the duration of the marriage. *** rules and laws vary from state to state. Consult with a local family law attorney for...

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Son received ticket for reckless driving on eye witness report given by cell phone no complaint signed by witness and thier other witnesses disputing validity of witness account police did not witness anything what are chances of getting ticket thrown out Chances are very good that he'll win in court. The prosecution must prove beyond a reasonable doubt the charge of reckless driving. They'll have to produce credible witnesses to testify. First - if they can't produce the person who claims to have seen the reckless driving (and be able to ID your son), he's home free. If they do call that person to the stand, witnesses on...

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Is a soft-core pornographic picture of an underage girl exposing her breasts or buttocks, but not engaging in sexual intercourse, illegal according to US law? READ -definition of "child porn" and "sexually explicit conduct", US Code Title 18, section 2256 Yes. No sexual act is required to be shown in the picture. If the photo is of an underage girl showing her breasts, genitals or pubic area would fall under the definition of "lascivious exhibition" if it is designed to excite, arouse or appeal to the sexual stimulation of the viewer. For example, everybody's parents probably have a picture of their kid naked in a bubble...

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My boyfriend is charged with two counts second degree murder and was just a passenger of a vechile that ran 2 people over if charged how long can he get and what can be done to get him out of this he already has a attorney. I agree with "anonymous" - there's something missing from your story. Just being a passenger doesn't equal criminal liability unless there was something else going on. To the original question poster: It would also help to know what jurisdiction you're in. Sentences vary from state to state. For example, in California, second degree murder carries 15 to life in...

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In the jurors eyes(the people) how is a 24 year old adult looked at if he takes a rape case to trial, females was of age and there was alcohol involved, willl they favor her or judge us equally?take consideration for either of us You would hope the jurors would follow their oath to the court to listen to the evidence, conscientiously weigh and consider the evidence, arguments of counsel, then follow the applicable law as given to them. Alcohol always clouds the issue in a rape case. Did the victim clearly communicate her lack of consent? Was it ambiguous? Is it a case of sexual remorse the next morning? Is the...

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If someone is planning on getting a temporary restraining order taken off of someone, and is going to do it, do both the plaintiff and the defend have to be there in order for it to be released? Or will the defendant receive a letter in the mail? Temporary restraining orders are only good for a limited amount of time (for example, a temporary civil harassment restraining order is only valid until the hearing on the "permanent" restraining order, which must happen within 15 days unless good cause is shown). So - it will automatically expire on the date for the hearing unless it's extended or a permanent order is granted....

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What are the 6 ways a case can reach the supreme court? You ask for six. I know of four - maybe some of your categories are really just off-shoots of these 4 main ones: 1. The main way is by a writ of certiorari - a petition to the Supreme Court for review. 2. Certification by a lower court. They "certify" that a legal question exists and send the case up to the Supreme Court for review. 3. By appeal. You can appeal up from...

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I bought a new car but I am not satisfied with the term of the contract. I want to get my old car back but the dealer is claiming that they used my down payment to re-condition my trade-in and do not have to return the down payment to me, is this legal? Yes, it is. Your contract most likely has a "no cooling off period" (or there are specific state law limits on when you can rescind the contract). It depends on the terms of your contract, but once you sign on the dotted line, your old car and money are gone. They can do whatever they want with both your car and the money you paid.

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If you are common law married can you legally marry someone else without getting a divorce from common law spouse? While some states recognize a "common law" marriage, there is no such thing as a "common law divorce." A common law marriage only matters when it comes to things like alimony and spousal support. If your state recognizes common law marriages, then you might be held liable in a civil suit for support to the person who acted as your spouse, but without a legal marriage....

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If someone had a No Contact order with Their wife can she still talk if she calls where their at. The short answer is no. If the order from the court is a complete "no contact" order, the person subject to the restraining order cannot have any contact with the "protected person." This is true, even if the protected person initiates the phone call or comes over. Harsh, I know, but a no contact order means just that - no contact.

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If accused of a crime and then other party presses no charges and the police take no action. can the "victim" years later try to press charges or reopen the case? See this website for information: http://www.joedane.com/criminal-procedure/what-if-the-victim-wants-to-drop-charges-will-i-still-be-prosecuted/ It's not up to the victim to press charges. They might put pressure on the prosecutor, but ultimately, it's the prosecutor's decision, not the victim's. If the victim waits too long, the statute of limitations could completely...

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When you are set for trial and you take a plea, when do they take you into custody to start doing your time? It depends on several things - what were you charged with, what are the terms of the plea deal and what is the judge's position. Some judges do not allow you to remain out once you've plead guilty to a crime. If you've entered into a plea bargain with the prosecution, they can include a time period for you to "get your affairs in order" before surrendering to...

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What happens to me if i move out or "runaway" till im 18 im 16 now and i have a safe place to stay and a source of income If a runaway or missing persons report is filed, you'll be in the system as a runaway. If you're contacted by law enforcement or anyone that has access to the database, you'll be identified as a runaway. The police are obligated to return you back to your legal guardian, undoing everything you've worked toward. If you're serious about this, you should look into...

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What is the legal drinking age in San Francisco? Is this strictly enforced? And are you allowed to enter bars/clubs from 18 years old? In San Francisco, like the rest of California, the legal drinking age is 21. Is it strictly enforced? Yes. No bar wants to lose their liquor license for serving underage people. As far as entering clubs & bars - it depends on the club. Some will exclude anyone under 21 while other will admit anyone over 18, but only serve liquor to those over 21.

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I got a ticket for going 105mph on a 70mph highway.... what can happen??? its my first time, will i got to jail, get my license suspended, a point on my record or jus a big fine? This was double-posted. I answered at http://www.answerbag.com/a_view/4556008 . A conviction for driving over 100 mph carries a fine of up to $500 (plus penalties of about 2 times that amount) and a license suspension of 30 days. Time for an attorney to fight for you. www.joedane.com

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I got a ticket for driving 105mh on a highway back from vegas... i have to go to court in barstow and im worried bout what might happen.... Being my first time getting a ticket for this, am i at risk of getting locked up??? what am i looking at? If you're facing the charge of 22348(b) of the California Vehicle Code, you face a fine of up to $500 (plus penalty assessments that can be almost twice the base fine so a total of around $1,500) and a license suspension of 30 days. Even though this is an infraction, it has severe consequences, including points on your record that could lead to further suspension or revocation of your...

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I need to find out what the heck is a sealed warrant and if a person that is being served it can be told what it is? Based on case law or statute, certain portions of an affidavit in support of a search warrant can be sealed by the judge and are not available to the public (or even the accused). The defense attorney can file a motion and request a hearing to "unseal" or disclose the information in the sealed portion. If the defense can make a showing that the affidavit contains information...

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Do the court in a criminal case, take witness statements as proof? I have been charged with a crime I didn't commit because experienced criminals who hate me lied to the police! No joke! Help! Are witness statements PROOF in the eyes of the court? They're evidence and "proof" for the police in determining whether or not to arrest as well as "proof" for the prosecutor in deciding to file charges. The statement alone is not necessarily admissible evidence in court though. The Sixth Amendment guarantees you the right to see and confront (as in cross-examine) any witnesses against you. Since you can't...

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If you filed a DV police report against someone and would like to make it all "go away" per say, someone told me all they did was tell the police they made a false statement and the report was dropped. Will I be in trouble for making a false statement? You could be. Filing a report with the police, knowing it was false is a misdemeanor (at least in California). See Penal Code section 148.5. So how can you help make it "go away"? Contact the district attorney's office and let them know you're not interested in pursuing charges. Call the reporting officer or detective and the defendant's attorney and tell them...

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What is the punishment for harboring a fugitive Without knowing where and under which system (state or federal), I can at least give an overview based on California state law. There are principals to a crime - those that actually commit the offense and those that aid & abet (encourage, facilitate or assist) in the commission. For example, in a bank robbery, the guy that goes in and holds up the bank is a prinicpal. The getaway...

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When someone signs a confession of a crime and then pleads "not guility", is the case going to rely on physical evidence and eyewitness testimony to link that person to the crime? Absolutely. The admissibility of the confession is going to be decided in pretrial motions, not in front of the jury. Both sides will know even before opening statements whether or not the statement will be introduced into evidence. If it is ruled inadmissible, obviously the prosecution will need to present sufficient evidence of guilt go convict. If they fall short and cannot use the...

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Campers in a state forest build a large fire for warmth they forget to turn it off and leave.the wind blows the fire into a brush and ignites fortunally firefighghters were there is this a misdemeanor or felony? The scenario you describe sounds like it falls under California Penal Code section 452. It is a "wobbler" (a crime that can be charged as either a felony or a misdemeanor) to unlawfully cause a fire of a structure or "forest land". See Penal Code section 452(c). Just unlawfully causing a fire is a misdemeanor [see Penal Code 452(d)] unless there is injury to another...

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Is it legal in the state of California for a 16 yr old to date a 23 yr old I agree with the answer by Wide Awake Phoenix for Nelson, but I'll add something else... it's not just sexual intercourse that's illegal. Oral copulation (Penal Code section 288a), sodomy (Penal Code section 286) and "sexual penetration" (Penal Code section 289) all have provisions that make it a felony to engage in those listed acts with someone under 18.

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My grandparents brought my brother back an hour late on their first visit. Then they had my 14 yr old brother taken from my mother's in the middle of the night. The police bought him back, said it's nothing since he went willingly. Isn't that kid napping? Kidnapping involves taking someone "against their will" (without their consent). If your brother went willingly, it is not kidnapping. Your state may have laws that deal with interference with child custody that more closely fit this situation.

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Was recently charged with a bunch of felonys and misdemoner and iam a first time offender i have never been trouble before and im being charged as not comminting the crime but just knowing about it and the judge set my bail at 30,000 is that to high Most states and counties have standard bail schedules - depending on the crime or crimes you are charged with, that's what your bail gets set at. Without knowing where you are, what exactly you were charged with and what the bail schedule calls for, I can't say if it's "too high" or not. See here:...

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What recousre can a convicted murderer have after being sentenced by the supreme court The trial court is the one that imposes the sentence. The case can be appealed from there. The local appellate court is the first step. From there, it may go to the state's supreme court and if there are substantial Constitutional issues, an appeal can be taken to the US Supreme Court. If the appeal has already gone up and the judgment (sentence) is affirmed, it stays in place....

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My fiance has an ex that filed a restraining order on him a few years ago. My fiance will be the one to go to jail if he is within a certain amount of feet near her right? What if she violates her own restraining order? In order to be in violation of a restraining order, a person has to act willfully or knowingly. Let's say for example, the order says he's to stay 100 yards away from her. If he goes to the grocery store and is shopping, then she shows up and is in the aisle next to him, technically he's in violation of the order. But if he didn't intentionally go near her, he can't...

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Does the defendant and the victim and the witneses have to put there hand on the bible and swear? In some jurisdictions, that is still practiced. It's not required under the law. For someone to be allowed to be a witness, they must be informed of their obligation to testify truthfully. Most witnesses are sworn in with a version of "Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you...

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My sister threatened to do physical harm to my wife and my dad and also teachers at the local school, after she tried to attack my wife while my wife was at work we pressed charges. We just want to be left alone and live our lives. any good advice? The prosecution should be able to have the court issue a protective order for the duration of the case. If there is a conviction, that order should be extended for the period of probation. If no charges are filed, you can seek a civil restraining order on your own. You can handle this yourself. You can file the necessary paperwork with the court, have her served and then have a hearing...

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What is the punishment if an officer commits purgery? You don't state which jurisdiction you're in, so I can only answer based on California law. Perjury is a felony, punishable by up to 2, 3, or 4 years in state prison. California Penal Code section 118.

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Saturtory rape is sex with a minor younger than 14, but what if the girl was 14 and the guy 17...what is the punishement then, especially if the so said sexual act never happened and there is not much informat Here's some good information about statutory rape in California. http://www.joedane.com/faq/what-is-statutory-rape/ Your question says it's sex with a minor under 14. That depends on what the age of consent is in your state. Check here: http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

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After being arrested how long does da have to press charges It depends on the state and whether it's for a felony or a misdemeanor. For example, in California, they have up to a year to file a misdemeanor and up to 3 years on a felony. There is no statute of limitations on murder or crimes where the punishment is life in prison. There are other exceptions on sex offenses against children and cases solved by DNA. ...

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WV dghtr's byfrnd sgnd hs car 2 hr. hs ops rvkd. at brkup sh snd bk 2 hm at WV DMV. He wnt 2 OH & sh rcd ilgl pkng tkts. OH sys sh rspnsbl bcs he cn't hv ttl in OH w rvkd op. Ws cght dr 3x & arstd. cr impd. OH sys hr cr. Hw 2 hlp her? I speak gibberish. Allow me to translate: This situation starts in West Virginia - my Daughter's good-for-nothing boyfriend signed his car to her. He's an irresponsible tool and his operator's license was revoked. After they broke up (and I rejoiced that she dumped this loser), she signed it back over to him at the West Virginia DMV. He then moved to Ohio, taking the car...

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When can a suspect revoke consent to search? If a person gives voluntary consent, they can withdraw it at any time. The police must honor that withdrawal of consent and stop searching. Of course, if you're too late and try to withdraw it after they see something, but don't have their hands on it yet, they can still seize the item if it's contraband (outright illegal) or evidence of a crime. They do this based on the...

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When is a couple considered married in the eyes of California Law? Only after a marriage ceremony and the filing of appropriate paperwork to recognize the marriage with the government. There is no such thing as a "common-law" marriage in California.

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Can someone get arrested or in trouble if they touch their own genitals in public? (Fully clothed from the outside of their jeans.) Or if they actually slide their hand down the front of their pants and just keep their hand down there. In California, for example, it is illegal. You could be charged under Penal Code section 647(a) - Disorderly Conduct. That section makes it illegal to engage in lewd conduct in a public place. Touching another person, or in your case touching yourself, for sexual purposes is against the law. If in addition, your private parts were exposed, you could be charged with indecent exposure...

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Lookin for a book called Mel. not sure who wrote it and was woundering if anyone knows?its from a company caled "Plus Romance" and the story was bout a girl caled Melody who lives in a run-down house an meets a rockstar guy workin in a 2nd hand store The book you're looking for is on Amazon.com http://www.amazon.com/Mel-Liz-Berry/dp/0140365346/ref=sr_1_6?ie=UTF8&s=books&qid=1224631481&sr=1-6

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Help! I moved and completely forgot to change my address with the California DMV. My registration expired and I just got a ticket. How to I renew my registration without the orignial renewal form? No problem. You can just go to the DMV and handle it through them. They can look up vehicles registered to you or they can look it up by license plate number. Having the old registration or renewal paperwork just makes it easier. You're fine.

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Has anyone been called for jury duty and gotten excused because they were self employed and couldn't afford to lose ANY income? It may be an interesting change these days to see how many jurors make that claim - that the loss of ANY income will be a financial hardship. The test under the law is that you have to show an undue hardship. That is - would serving on this jury for the length of time estimated by the court for the trial so substantially impact your income that you would be unable to put food on your table,...

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What are there any laws in the state of California about carrying a pocket knife? Unless you're asking about carrying a knife in specific areas that are prohibited (schools, courthouses, some government offices, etc), the two laws you need to know are Penal Code sections 12020 and 653k. 12020 makes it illegal to carry a "dirk or dagger" CONCEALED on your person. A knife, no matter how big and ugly, carried on a sheath on your belt (if NOT covered by a...

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How long after consuming alcohol doe it take to blow 0.00 on a pbt test Each person is a little different, but on average, a person will "burn off" alcohol at the rate of 0.0175% per hour. If you assume that each drink (one 12-oz beer, 4 oz wine or 1 oz 80 proof liquor) will raise the average person's blood alcohol level by 0.02%, you can do the math. For example, if you have 3 drinks back to back (so all the alcohol gets in your system before...

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Is life insurance econsidered part of an estate? Not in the strictest sense. Because the insurance policy is a contract between the insured and the insurance company, the insurance automatically payed to the named beneficiary of the policy. It does not become part of the estate to be distributed via the will.

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If I am under investigation for a felony, but have not been arrested or charged, why would it show up on an employment background check? I recently answered a similar question - in general without an arrest and booking, it will not show up on your criminal record. I don't know who you're applying for a job with - it's possible they're doing something in addition to just running your "rap sheet" to find an investigation that hasn't resulted in charges or an arrest. See also: ...

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How do you get the record sealed in a deferred entry of judgment in the California PC 1000 program? Is it automatic? Probationary period ended in 2000, but never went back to court or asked for expungement. There's really not a "sealing" that happens with PC 1000 drug diversion. If you successfully completed the program and showed proof to the court after the 18-month crime-free period, the case is dismissed against you. You are essentially restored to where you were before and are entitled to tell private employers you have no conviction. In fact, you can go so far as to say you...

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Any lawyers willing to take a medical malpractice case? I can't freakin find one. There are many medical malpractice attorneys out there. If you're having a hard time finding on to take your case, there are several possible reasons: 1. Fortunately for you, but unfortunately for your case, you may not have sufficient damages to make the case worth pursuing. For example, if you were 100% the victim of medical malpractice, but you did not suffer any substantial...

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1st time offense receiving stolen property. 3 street signs have had them for ten years now here in calif. they wouldnt o.r. me had to post bail. Does anyone know what I am looking at when i go to court? Receiving (or possessing) stolen property is covered in Penal Code section 496(a). It's what's known as a "wobbler," meaning it can be filed as either a felony or a misdemeanor. It really depends on the jurisdiction within California and the prosecuting agency. Some have a strict no tolerance policy and will file the charges as felonies if they can. Since this is your...

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Has anyone who's taken a lot of extacy have a messed up jaw? Ecstasy (X or MDMA) is an analog of methamphetamine and is chemically related. It's a stimulant and one of the side effects is bruxism (grinding of the teeth). That's why you'll see a lot of people at raves with pacifiers - it gives them something to bite down on. A person who does a lot of ecstasy can develop dental problems and jaw problems from repeated grinding of the...

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I'm 19 and was caught shoplifting $12 worth of makeup at Walmart. I had to go to security office and give them my ID and ssn. Police weren't called. I signed paper stating I couldn't return to the store. Will I receive any other punishment? It sounds like you signed a trespass admonition. Essentially, Walmart doesn't want you back. If you go onto Walmart property, you can be arrested and charged with trespassing. Many stores will opt for the no-trespass for low-level thefts instead of calling the police and referring the matter for criminal prosecution. Other stores have a zero tolerance policy and will refer...

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Do pending criminal charges in CA show up on an employment background check? If you were arrested and processed, the arrest is linked to your criminal history by fingerprints and WILL show up on your criminal record. It will show the arrest, but no disposition. This is the way most show up on your record - by fingerprints. There is a second section on a criminal history sheet - those connected in some other way (by name, for example). A person viewing is...

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What are the name of the plastic handcuffs that have zip ties and can be cut with a scissors? I've also heard them called Flexi-cuffs.

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How long do the police have to charge you with assault You don't specify which jurisdiction you're in, so my answer is based on California law as a guideline. If it's simple assault (a misdemeanor), the statute of limitations is one year. If it's a felony ("aggravated assault"), the statute of limitations is three years. www.joedane.com

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My husband just got 3 years in state prison with 190 day credit how much time will he do?????????????? help me please!!!!!! he is in California. I wish the answer was straight forward, but it depends on several things. What was he convicted of? Is the 190 days "actual" time or does that include "good time and work time" (aka custody credits)? Depending on what he was convicted of, that can also affect the credits he gets while in prison. Most felonies get half time credits (they do half of their sentence - see...

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If the assistant d.a. can't find your paperwork before preliminary hearing, can case be dismissed or will it be continued? case has already been continued 1 time for the state, defendant has been in jail since 6-19-08. can he be given time served? Since you didn't state which jurisdiction you're in, I'll answer based on California law, which is substantially similar to most other states. A defendant has a right to a speedy preliminary hearing (in CA, it's within 10 court days unless they waive time, then it's within 60 calendar days unless they waive time beyond that as well). If the prosecution cannot bring...

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Is attemp first degree murder a capitol offense.And if so how long do you have to be in jail before you can file a 701. In general, an attempt to commit murder is not punishable by the death penalty. For example, see Furman v. Georgia (1972) 408 U.S. 238 [death penalty for murder appropriate] and Owen (1979) 88 Cal.App.3d 757 [death penalty NOT appropriate for conspiracy to commit murder of a peace officer by destructive device, but no killing took place]. Cases have also held that the death penalty for crimes...

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What kind of personal questions are asked of potential jurors? I mean other than your basic info. It really depends on the type of case you're a prospective juror on. The purpose of the questioning in jury selection (aka "voir dire") is to determine if a prospective juror has any preconceived notions or bias that would affect their ability to sit as a fair and impartial juror on the case. Typical questions would include: The basics: What do you do for a living? Are you...

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When the fatality of a pregnant woman occurs in a car accident...and charges are brought for the death of the woman and her child...does the gestational age of the child determine they are two? What is the the law on this? Is this case by case,or by state Each state is able to enact their own laws on whether or not a fetus is included as a "person" for the purpose of homicide or other unlawful killing statutes. For example, California defines a fetus within the homicide statutes as "an unborn human being that has progressed beyond the embryonic stage after major structures have been outlined, which occurs at sever to eight weeks...

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How can i be on house arrest instead of jail for the first time First - a sentence on house arrest would have to either be approved or not disallowed by the sentencing court. You would then have to apply for home confinement and be accepted into the program. Not every crime qualifies. Many violent offenses will be automatic disqualifications from being able to serve your sentence on house arrest. Either you or your attorney should contact the probation...

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What is the statute of limitations for the crimes of fraud and perjury in california? See California Penal codes 800 et seq., particularly sections 801.5 and 803. The statute of limitations for certain types of fraud is four years from the date of the discovery of the fraud. Even if the crime is done and over with several years ago, but the crime is just now discovered (for example, during an accounting where a large embezzlement is discovered), that discovery starts the...

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What is the statute of limitations for a non violent crime in california? In general, the statue of limitations on a misdemeanor is one year. The statute of limitations for a felony is three years. There are exceptions for sexual assault cases and those solved by DNA.

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Is it legal to carry a sword unconcealed in your car in California? In the strictest sense, no it is NOT illegal. However. . . before you start carrying a sword, here are some laws you might want to consider: Penal Code section 12020 covers dangerous and illegal weapons. One of the listed weapons that are prohibited are what's known as "dirks" and "daggers". Those are any weapon, with or without a hand guard that is capable for...

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I got a DUI a few weeks ago and just got in a car accident while on my 30 day provisional licence. What is going to happen now? If you had not yet been convicted of DUI, as crazy as it seems, you're better off than if you had already been convicted, then got in the wreck. If you were on your temporary license (the pink paper given to you by the police when they arrested you and seized your license), you had a valid license. That license is only good for 30 days from the date of your arrest on DUI, so double check...

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Domestic assault. My wife was arrested, booked and released after her parents made bail. The police took her away handcuffed because I was the one with the black eye and bloody nose. What is the stat. of limitations that I can press charges. First - it's up to a prosecuting agency (the DA) to file criminal charges. You can let them know that you are cooperative and interested in seeing the case filed, but the decision is up to them. You cannot do it directly yourself. Second - you don't mention what state you're in, so I can't give you a specific statute of limitations, but I'll give California's...

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If you are charged with concealed carry, but the weapon was non functional, is there a way to get the case thrown out of court? It depends on the specific language of the law in your jurisdiction, but for example in California, it would not matter if the gun was non-functional. Section 12025 of the CA Penal code makes it illegal to carry concealed a firearm. It makes no mention of it being loaded or operable. There are other crimes in California for carrying a loaded firearm (and even more specific crimes for having...

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I recently got arrested for shoplifting in Kmart a total of 21.73 I also had two minors with me both 15yr old girls One my next door neighbor and the other one is my boyfriends daughter. They were charged too. My first offense. Do I need a lawyer? Do you need a lawyer? Absolutely. Sorry to say it, but you've got huge legal problems. You potentially face shoplifting/petty theft charges (at a minimum, but it could be felony burglary if the prosecution can prove you intended to steal before you entered the store). Theft offenses not only result in a criminal record, but they are "priorable," meaning if you are caught...

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What are the California laws on the penalty for child molestation? There are three main criminal statues that cover child molestation: Penal Code section 288(a) - Lewd and lascivious acts on a child [essentially, any touching of a child under 14 with sexual intent] This is punishable by 3, 6 or 8 years in the state prison. Penal Code section 288.5 - continuous sexual abuse of a minor. [a person with recurring access to a child under 14 years that...

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What vitamin may help stave off memory loss in old age? Not a vitamin, but ginko biloba has been suggested for memory. It's supposed to have properties that increase vascular health, reducing the risk of stroke by either a ruptured vessel or a blockage. Same thing for a daily aspirin regimen (if approved by your doctor) - decreases blood viscosity & improving flow to reduce the risk of clot-related strokes. Omega 3 fish oils are...

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I need a middle name to go with Makenzie _______ Green ... thanks! Makenzie Shaniqua Green? (Doesn't that just flow?) Makenzie Makenzie Green? (Like Rosanna Danna from old school SNL) Makenzie Shmakenzie Green? Makenzie Eiznekam Green? (Learn about palindromes as you learn your name!) Makenzie Grass Green? (I see a future in horticulture)

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Why are there still so many pedophiles online? all the cops have to do is go on pretending to be underage and they could catch hundreds a day. And it's that easy, right? Just pop onto a website chat room with a profile that says you're 13 and *bam* - hundreds of arrests? Unfortunately, it takes a whole lot more work than that. Where is the suspect? How do you track down who "SxxyGrampa6969" (or whatever screen name it is) is? What jurisdiction are they in? How do you prove who actually logged into the...

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Do you think a paeophile should be castrated,before being released back into the community? A detective once said to me, "The only castration that would work is if it's at the neck." Sadly, even with non-functioning genitals, a true pedophile can find their ways to molest.

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Should prisoners be allowed to vote? Yes, they should be allowed to vote... But only on whether they want bread and water or water and bread.

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My friend is awaiting trial in a federal holding facility, his case is from 2005 he was just now picked up on it , so what law book should they be using? 2005 or 2008? and how would expo facto work in this situation, im trying to find out what that means Others have dealt with the "ex post facto" part of the question quite well - I just want to clarify one point: The law the Court must follow is the law from 2005 when the crime was committed. That applies to the charges. However, current (2008) PROCEDURAL law would apply (such as any laws of evidence, rules of procedure, etc.) That three year difference may be a big deal, so...

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Can you be arrested for prank calling? My answer is based on California law, but I assume it's similar in most other jurisdictions. Calling someone with the intent to harass is a misdemeanor (Penal Code section 653m). It's punishable by up to 6 months in the county jail and/or a $1,000 fine. So - yes, technically, you could be arrested for prank calling.

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I live in ky.i was at a horse show and someone stole my bridle,7 weeks later someone told me where it was.we went to there residence and i saw it hanging in their barn.i know now who stole it and where it went can i get a warrent for them? Only the police can get a warrant to arrest someone. You can notify the police and file a report. Let them take it from there. You can technically place them under citizen's arrest, but I'd caution against it. You don't know for sure they're the one that stole your bridle. It could have been someone else and the thief could have sold it to the person that now has it....

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Can you file a civil suit if you were arrested on false charges? Against who? The police? If it truly was a wrongful arrest and the police acted maliciously, arresting you without probable cause, then yes, you could file a suit against the police officer and his/her department. The person who made the false allegations? Absolutely. If you can show that the allegations that led to your arrest were completely false, you will have an excellent...

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Have you had many experiences of deja-vu? I'm getting this weird feeling you've already asked me this. . .

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I am a verizonwireless customer i have a blackberry. what website do i get on from my phoone to download free ringtones? the guy at verizon told me but i have forgotten! A great website for all sorts of information about your BlackBerry is www.crackberry.com . If you register at that site, you'll find all sorts of free ringtones, wallpapers and themes. Search the forums on that site and you'll find links to all sorts of other ringtone sites. Crackberry.com - the site for blackberry users & abusers!

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My 13 Month old son still doesnt sleep through the night..what can i do? Assuming there's nothing medically wrong with your child, here are some thoughts: Don't try to keep him up later - an overly tired child won't necessarily sleep better or longer. Try to make sure he's had a last "stock up" snack before bed so it's not hunger that's waking him. Try not to make it sweetened food (sugars or 'natural' sugars,...

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Should children ever be tried as adults? Although the goal of the juvenile system is rehabilitation, there are some juveniles who are just not fit to be tried and handled in the juvenile system. How do you expect to "rehabilitate" a hardcore gang member who's 17 years old and robs and murders an innocent person? Although a sad commentary on America today, there are just some juveniles that are beyond help in the...

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Is it right to fine a person when she was with a friend who stole something? In CA walmart. The 2nd person did not know the friend had taken something but yet she was fined b/c she was with her. It doesn't seem right to me. For a conviction in a theft offense, there must be criminal intent by the person charged to "permanently deprive" the owner of the property. If you truly didn't know your friend was doing anything and you didn't act in any way that could be construed as "aiding and abetting" (doing anything that encouraged or facilitated the crime such as being a lookout,...

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How long are you on parole for? It can vary by jurisdiction. In California, for example, parole is for three years following your release from state prison. Some offenses (for example, murder) can carry lifetime parole (if they are ever released on parole in the first place).

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Do they watch you with cameras when your on house arrest No - it's not video monitoring. The most common way to ensure a person is truly at home when they're supposed to be is by a monitoring system of some sort. They usually attach to the convicted person's ankle by a tamper-proof ankle bracelet. One type transmits a radio signal to a receiver in the home that's hooked to the phone line. If the convicted person isn't...

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When can a misdemeanor warrant be served at anytime of day? Although this may vary by jurisdiction, I'll reference California law as a starting point, since you didn't indicate where you are. In California, an arrest warrant may be served ONLY during the day (6 am to 10 pm) unless it's one of three situations: 1. The person is in public 2. The person is already arrested or incarcerated on other charges 3. The warrant is...

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What are thee odds of a difficult rape case(consentual) going to trial? If the government thinks they have enough evidence to file charges, unless there's some legal reason the case gets dismissed (victim refuses to testify, motion to suppress evidence is granted, etc) or a plea bargain, there's really no other choice. The government can't force someone to plead guilty. If they file charges, odds are they follow through all the way to trial. The...

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I lost my moving violation ticked. I have been trying to call the court house to get the code number to do traffic school online. I have not been able to get anyone to respond. What do I do? There are usually at least 3 (and often 4) duplicates of the ticket made at once. One goes to you, one to the court and one stays with the police agency. If there is a fourth, it may go to the prosecutor's office. If you're getting nowhere with the court (and it may take going there in person, rather than just calling), you might want to check with the agency that issued the...

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How much time can a convicted felon get being around a firearm? It depends on the jurisdiction and the statute that governs felons in possession of a firearm. In California, for example, a felon in possession of a firearm faces up to 3 years in state prison. Of note: Your question asked about time for a felon "being around" a firearm. The prosecution would have to prove the felon was in possession. There's a difference. Possession...

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Can a judge consider the 98 days spent in rehab when sentencing a first offender to six months in jail? This answer is based on California law - your answer may vary depending on where you are. A judge can award credit for time served in a rehab facility. They are not required to do so, however. The only difference is that if the Court ORDERS a defendant in to rehab, then they are automatically entitled to credit for the time served in rehab. If a defendant just goes on their own, the judge...

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My son spent 10 years in federal prison for selling crystal meth. He also had guns in the house. The first had been when he was about 18 for selling a very small amount of marijuana. We live in Nevada. He is on 5 years probation. Can his record be sealed? "Sealing of records" generally refers to juvenile court records (under 18). If I read your question correctly, he had a first conviction for selling marijuana when he was "about 18", but the federal conviction for sales of methamphetamine was recent (as in when he was an adult). The short answer is no, he cannot "seal" his record. I believe the only way to get...

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In the USA, is public urination just a slap on the wrist or do you now have to register as a sex offender if caught? For the sex offender registration, the illegal act would have to be sexually motivated. Urinating in public is not a sex offense. Yes, the person's genitalia may have been exposed, but it's not for sexual gratification. Indecent exposure (flashers) is a whole different story - same body parts exposed, completely different intent. Flashers register, public pee-ers don't.

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A family member is currently locked up. sentenced to 14 years. want to know what steps for modification needs to be done. and what is the cost roughly for attorney You're seeking to "modify" the 14 year sentence imposed? The time to challenge the sentence would have been at the time the sentence was imposed. If the sentence (or conviction or any other aspect) was wrong, an appeal could be filed - but there are time limits to when those can be filed. If you're seeking to "modify" the sentence for those or other...

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What is included in the facts section of a case brief? Plain and simple - a summary of the facts relevant to the court's decision.

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WHAT HAPPENS AFTER YOU HAVE BEEN CHARGED, BY THE POLICE FOR 4TH DEGREE ASSAULT AND GO A COURT DATE IS SET? The police do not "charge" people with crimes. They make arrests and then submit the case to the local prosecuting agency (District Attorney, city attorney, etc.) That agency makes the decision whether or not to file charges. Even if charges are not filed by the time of the court date, the prosecutor will still have additional time to file charges (within the statute of...

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Do I have a case? (CA) Drunk driver in company vehicle ran into residence. Took place after work hours, driver has permission to drive vehicle after hours. Driver has prior DUI on record. Can I sue company? Is this negligent entrustment? Cited for 12500 a It's worth looking further into things - Your question ended with "Cited for 12500 a" - so the driver did not have a valid California Driver's license. You may need to look into why the license wasn't valid - was it withheld by the DMV? Did the person not complete something they were supposed to from their prior DUI? Did the driver's employer know the person...

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If a person has been tried and sentenced in a court of law and time has been served can the prosecution now appeal the sentence passed. Time served was 3months almost 18 months ago for a crime the person was arrested for nearly 4years ago. In general, the prosecution cannot appeal the imposition of a sentence. In criminal cases, there is a limited time to file a notice of appeal (for example, 60 days in California). I'm not 100% sure what you're asking - it sounds like the person got some time in jail and is now on probation. If the prosecution alleges the person violated a term of probation, they can then seek...

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Does anyone knew of any good websites where I can do a background check on somebody for free cause my sister has this new boyfriend and I want to know if his hiding anything you know Most services that do "background checks" cost money. With some time and effort, you can probably do an adequate search yourself. Start with Google. Your state and county may have public access websites that will allow you to search for any current or past cases (both criminal and civil) under your sister's boyfriend's name. You many need his full name and date of birth...

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If charged with a felony (simple assault) and at sentencing the judge 'vacates' the finding with 5 years probation, is the charge considered a felony until 5 year mark is up? You'd have to clarify with your attorney or the court what exactly was "vacated." If you were convicted of a felony (either by plea or at trial) and sentenced on a felony, it remains a felony. Even after the end of probation, it will not automatically change to a misdemeanor without you doing something. There's something missing here - I strongly suggest you contact your...

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Was able to complete community service hours but not in the time frame allocated. how do i stand during my vop hearing? The short answer - you're in violation of probation. You were given an order by the Court to complete your community service hours by a certain date. You agreed to those terms as part of your probation. The fact that you've completed all the hours should help you - I don't know what jurisdiction you're in, but you shouldn't face too severe a punishment for just...

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CAN SOMEONE'S DNA BE FOUND IF THEY JUST TOUCHED A PERSON Is it possible? Yes. DNA can transfer through skin cells, blood, and other bodily fluids. Is a single, simple touch likely to transfer and leave a sufficient amount of genetic material for forensic testing? Not likely.

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How do I prosecute someone who keeps prank calling me? I live in California and they keep calling me in the middle of the night while porn plays in the background. I have children and I am single so this scares me- their # is 303-518-8506- I have evidence You cannot "prosecute" - that's up to the government (DA's office, etc) in your area. The best you can do is report the violation to law enforcement. It's a violation of 653m of the California Penal Code.

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In the United States, can one sue their own lawyer for Judicial Misconduct/Fraud/Malpractice? Yes - attorneys get sued for legal malpractice all the time.

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How do you go about unclaimed money that you don't know about? Well... if you don't know about it, how can you go after it? Each state has a controller's office - there is an "unclaimed property" department there. For example, if you paid for your car insurance in full for the year, then canceled 8 months later, you'd be entitled to a refund for the 4 months, right? What if you moved and the insurance company can't find...

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If you were married in another country, but you and your spouse are u.s. citizens, could you get a divorce through the u.s. legal system? It's not their citizenship that is the determining factor - it's their residency. If they are living in the United States currently, their home state's laws regarding divorce would be in effect. There may be residency requirements (how long they've lived in the state) before a divorce proceeding can be initiated.

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If it can be proven that a female spouse is having an extramarital affair, does that provide any advantage in a divorce proceeding? Can the spouse be removed from the marital home? It depends on where you are. Some states are "no fault" states where it doesn't matter what the grounds are for divorce or who is to blame. Other are "fault" states and the court will determine who is to blame for the breakup of the marriage. The percentage of fault is factored into determining alimony, etc.

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My friend was arrested for DUI but never booked. they took blood and let him leave, this was two weeks ago. what does this mean? They may be waiting for the blood alcohol level to come back from the crime lab before submitting the case to the prosecuting agency. He may have been close to the legal limit and they wanted to verify before proceeding. If charges are filed against him, he will either get a letter in the mail or a warrant for his arrest may be issued. If he has an attorney, the attorney can often contact...

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What is the legal process for someone who was forced to rob a bank at gunpoint? Let's assume the defendant got arrested and charged with armed robbery of the bank. If he is claiming a that somebody forced him to rob the bank, he would be claming a defense of "coercion" or "duress." The prosecution would have to prove beyond a reasonable doubt that the defendant did not act under threats that their (or someone else's) life was in immediate...

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What type(s) of illicit druges would commonly be associated with syringes and 3" x 5" plastic baggies. Those two don't necessarily go together, but here goes: Syringes could be for several drugs. Herion, methamphetamine and cocaine can all be ingested by injection. The baggies seem a bit large for any of those drugs and are more consistent with marijuana. However, some drug dealers package their drugs (such as meth or cocaine) in the corners of plastic baggies. They'll put the...

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Can a criminal charge agaist you ex: pepper spray be dropped by the person that charged you? In criminal law, individuals don't press charges - some government agency does. Whether or not charges get filed or not is up to the prosecutor. Whether or not they get dropped is also up to the prosecutor. Of course, most prosecuting agencies will take into account the victim's wishes of wanting to "drop charges." If the person who accused you of assault...

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If a person who files charges on a person fails to show up to court do the charges get dropped? In criminal law, individuals don't press charges - some government agency does. Whether or not charges get filed or not is up to the prosecutor. Whether or not they get dropped is also up to the prosecutor. Of course, most prosecuting agencies will take into account the victim's wishes of wanting to "drop charges." If the person who accused you of assault...

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I have been charged in CA with a Misdemeanor VC14601.2 (a) driving with a suspended license almost 2 years after a DUI, what is my conviction and will I do jail time? You have two problems. First - a conviction for 14601.2 (driving on a suspended license when the underlying reason for the suspension was a DUI) carries a punishment of "not less than 10 days or more than six months" plus a fine. It has a mandatory minimum jail sentence. [See California Vehicle Code section 14601.2(d)(1)] Your second problem - you're probably on probation...

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What if I violated my probation by failing to appear in court what is the maximum and minimum sentences? When you're put on probation, you agree to abide by the terms of your probation. In exchange, you are not sentenced to the maximum punishment for your crime. Your sentence could be anything from reinstatement of probation with no additional jail time imposed to being incarcerated for up to the maximum sentence. It depends on the jurisdiction and the standard practice for that particular...

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Do I have to identify myself(say my name) to an officer if I am not driving or at a airport etc..? You are under no obligation to identify yourself to an officer in a routine contact. An officer must have "reasonable suspicion" to detain you (enough facts that would make another officer with the same or similar training and background suspect that some sort of criminal activity is/has/will be occurring and you're connected somehow to it). During a lawful detention, then yes,...

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I had a wreck on Febuary 16, 2008, they did not serve the DUI warrent on me until JUNE 8,2008.Is there a statue of limitation on that? In California (and most states), the statute of limitations on a misdemeanor (such as a DUI) is one year. If it's charged as a felony (for example if your wreck caused injury to someone other than yourself), the statute of limitations is three years.

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What are the three types of police lineups First, there is an in-field show-up. The witness is admonished that the police have contacted an individual that may or may not be involved in the crime they're investigating. The witness then views the suspect while out in the field (thus the name). It's used for quick identifications or to rule out people that aren't involved so they can be let go. Second, there is a...

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How do I get ringtones for my Verizon wireless phone without using the 'Get it Now' on the phone? Unfortunately, Verizon doesn't allow you to use downloaded or user-installed ringtones or MP3s as the ringtone on your phone. You're stuck with either the pre-installed ones or paying Verizon for them using "get it now". The exception is the BlackBerry devices. They don't even have the "get it now" feature and you can download/install/create/use your...

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My friend needs legal help. she violated drug probation and left the states because she wasnt a citizen. can she ever come back to the states without getting time?will they arrest her at the airport?shes really scared... who know for sure? First - a plea of guilty to a felony most likely did/wil result in deportation, denial of naturalization, entry or amnesty in the U.S. If she violated the term of her probation, it's most likely there is a warrant out for her arrest. I don't think (but I'm not 100% positive) that customs and immigration were NOT currently screening for warrants upon entry to the US. I would...

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Can u come up positive for cocaine if having sex w/a male who uses it? Your question has several levels to it... In order for you (presumably female, but the answer still applies for male/male sex acts) to test positive for cocaine, several things would have to be in place. First, you would have to have direct transmission of bodily fluid (either semen, blood or saliva) and have it enter your system (orally, vaginally or through an open sore or wound)....

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Do percusets show up in drug screens? If you mean "percocet" (combination of acetaminophen and oxycodone), the answer is yes. Oxycodone is a narcotic and will show up on a drug screen.

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How does probation fits into the juvenile justice system in general? That's a rather broad question, but I'll give you my overview answer... The goals of the juvenile and adult justice systems are completely different. The goal of the juvenile system is rehabilitation. The goal of the adult system is to punish. The juvenile system is motivated largely by a general principle - to do what is in "the best interest" of the minor. The adult...

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What exactly is a deferred entry of judgement? I'm referring mainly to California drug cases and that procedure. In a deferred entry of judgment, covered under Penal Code section 1000, a defendant enters a plea of guilty initially. Then, "judgment" (aka sentencing) is deferred for 18 months. The defendant has to attend and complete a drug education & awareness program. After the plea of guilty, the defendant is...

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I was recently booked with a theft of over $500 in Louisiana. I pleaded innocent but my case never went to trial as the Da's office filed several continuances. After nearlt 2 years of this, I agreed to a diversion as I am a single father with 2 children. And the question would be . . .?

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Even if I go over my minutes in Verizon, do I still have free nights & weekends with people outside of the Verizon plan? Your plan limits the number of minutes you can use for the flat fee you pay. If you exceed those minutes during the "non-free" period (before 9pm), you'll be charged at whatever rate per minute your plan has for overages. The free nights and weekends are basically unlimited. You won't be "using up" your night minutes because you're over your monthly...

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On a cell phone, at the top, they have 1X. What does that mean? The 1x means you're getting a digital signal and should be able to send and receive text and picture messages.

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Is text messaging from a verizon cell phone to another verizon cell phone free if both services have some kind of text messaging plan? It depends on the plan that you have. Check with Verizon to see if you have a plan that includes unlimited Verizon-to-Verizon texts. Most, but not all of their text plans do, but before you rack up all sorts of charges, double check with them.

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If i have a verizon phone that has free nights past 9 pm then can i send pic. messages for free to? No. Voice (phone) plans and text plans are different. If you don't have a text or messaging plan, you'll be charged a per-text rate which is quite high.

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My phone is showing that I have received a answering machine message, but upon going to my voicemail, it says otherwise. What can I do to hear my message? Sometimes, the icon doesn't clear out even after you listen to your messages. Try turning your phone off, then back on to see if it clears. Otherwise, calling your voice mail and logging in will trigger it to clear the icon.

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My Black Berry Pearl is automatically deleting SMS texts. I am also not recieving Texts at times. Can any help? The most common cause of deleted text messages or call logs is low device memory available. Check to see how much memory you have available by going to "Options", then "status". That will tell you how much "File Free" memory you have. If you have less than 10 or 11 kb, blackberrys will delete "unnecessary" things like text messages and call logs so...

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My blackberry phone is stuck on vibrate i've gone to media player and set the song as a ringtone but it still vibrates and does not ring WHYY You need to make sure the profile is set to something other than vibrate. Find the icon that looks like a speaker (Profiles) and select "normal" or "loud". That should set your Blackberry to play the ringtone you've selected. If you want to verify settings for any profile, click the profile icon (the speaker) and scroll down to "advanced". Highlight...

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My dad bought a blackberry yesterday. He want's to increase the volume for the ringtone but The volume button is on the side of the phone, but when I press it, nothing happens. That means it's probably broken. Is there any other way to change the volume? Some Blackberry devices are known to have very low ring volumes. You can try downloading & installing a very loud ringtone. The volume button in the side is for increasing the volume of the speaker or earpiece during a call. To change the volume of the ringer, check the settings in the profiles. Find the icon on the screen that looks like a speaker, click it and select "Loud"...

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Anyone know how to get music in the background of your call when someone is phoning you on your mobile? for example if i tryed to phone you and it was ringing, there would also be music in the background? I know Verizon has "ringback" tones - instead of hearing the ringing, the caller hears the song you've selected. Check with your service provider to see if they have a similar feature.

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What is the difference between a sms and text messaging? There is no difference. SMS (short message system) is text messaging. Just a different name.

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My blackberry is driving me crazy, its always making me unreachable and i want to know how to fix this!!! I don't know what you mean by "making you unreachable" - are you not getting messages? Not getting calls? What? I'd suggest you check out www.crackberry.com - the forums there are full of information and if you post a question with specific issues, people there are more than willing to help with issues.

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I just bought a motorokr z6m, i put in my memory card and downloaded 4 songs and tried to set the songs as ringtones, after my 2nd ringtone/song i got an error message "INSUFFICIENT STORAGE " surely i have more memory than that. plea Check the settings on your phone to make sure you're storing your ringtones to your media card and not on the phone's internal memory.

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How do you check you "free space" or "available space" on the Blackberry 8700g? Go to "options", then "status". It'll be there.

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What does the blackberry pearl things do? all the features? The blackberry is an all-in one smartphone. It is a phone, has internet web browsing capabilities, text and picture messaging, a camera and blackberry messenger. Depending on the carrier and model, it may have GPS and/or WiFi built in. For more detailed information, check out www.crackberry.com . They have a ton of useful information there.

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I have a verizon wireless phone that isn't picking up service in an area that I usually get good service. What should I do? Try dialing *228 and pushing "send" - you can upgrade your phone's software to the latest version. Sometimes that helps. You may want to try resetting the phone - while it's on, pull the battery out, wait 30 seconds, then reinsert the battery and power it back up. If those don't work, it may be a Verizon issue - the tower in that particular area may be down or...

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Can I use a cell phone purchased elsewhere on Verizon's network, or must I buy from Verizon? Verizon operates on a CDMA service, so a non-CDMA phone (i.e. AT&T, Sprint, etc) would NOT work. If it has a SIM card, it will NOT work on Verizon.

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Our 2 year contract w/ Sprint/Nextel is up on Sunday, June 29 -does anyone know how much earlier we can cancel (ie: if we cancelled on the Friday) that you can "push" it w/o being charged the "early termination fee"? I can't possibly imagine canceling 9 days early would subject you to early termination fees, but one call to their customer service line would answer it for you. If you're really that concerned, why not just wait the 9 extra days?

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Have you got a Blackberry, through which cell phone company and are you happy with it? Yes - Blackberry 8330 (Curve) through Verizon. I don't know why I waited to get a Blackberry. It's awesome to have instantly pushed e-mails show up on my phone, web-browsing capabilities, downloadable programs for business programs (expense reports, etc). Plus... expandable memory with a micro SD card, camera and video recording, a decent MP3 player... I could go on and on. ...

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Can i press charges on my girl friend for getting someone to beat me up? Can you press criminal charges? No. That decision is left to the prosecuting agency in your jurisdiction. Can you report the incident to police? Absolutely. They will then submit their report and your allegations to the prosecutor for a decision on whether or not to file charges. Can you sue your (I assume ex-)girlfriend? Sure. But you'll need proof she actually orchestrated the...

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Can a person be charged with assault and battery for being the first person to throw a punch if the person he hit never came forward to the police? Can they be charged? Yes. Will they? Highly unlikely. The prosecution must show that there was an intentional act (punch) not done in self-defense. Without the "victim" coming forward and reporting the crime, it's unlikely the prosecution would ever think they would have enough evidence to prove the crime, even if there were other witnesses to the incident. It seems...

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I'm wondering about the 3rd strike laws in california...if someone is convicted of 2 crimes in another state and the 3rd happens in ca. does 3rd strike apply? The three strikes law IS a California law (Penal Code section 1170.12). In order for the sentencing provisions to come into play, the underlying crimes must be "strike" offenses. Not every felony is a "strike." Only violent felonies (as listed in Penal Code section 667.5) or serious felonies (listed in Penal Code section 1192.7) count as "strikes." A...

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Are a traffic officer's daily logs private or are they readily available to a cited person? You can make a "discovery request" to the prosecuting agency. They can comply and turn over the information (it may be redacted with other people's names, license plates, etc. taken out), or they can deny your request. You'd then have to make a formal discovery motion and file it with the court to seek the information. You'd have to show why the logs are relevant and...

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Can i be ticketed for driving the speed limit when its raining The section people are referring to is California Vehicle Code section 22350 (the Basic Speed Law). "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

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Recently got a d.u.i. and the court has not filed anything against me. I herd they have a year to file something. I volunterred to go to classes, should i have not gone to these classes to save some money? I don't know what classes you mean - if you are referring to the "first offender" program, you may be required by the DMV to go anyway to keep/get back your license, so it may not be wasted time on your part. If charges are filed against you, you'll have to attend the classes anyway, and you and/or your attorney may convince the court to give you credit for what you've...

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When turning left into a shopping center driveway (you are in the center divide lane) and a vehicle is turning left out of that driveway (wanting to enter the center divide lane) who has the right of way? See California Vehicle Code sections 21801 and 21804. 21801: A person turning left must yield to oncoming traffic... But - 21804: "The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic . . . So - the person turning left from the road would have the right of way over the...

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HOW TO GET MY GUN PERMIT ON LINE FOR PALMDALE CALIFORNIA. If by permit, you mean a concealed weapons permit, I'd also suggest going to http://www.calccw.com . They are a fantastic resource for information about applying for a concealed weapon permit.

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What are the penalties for driving unlicensed in CA? Vehicle Code section 12500(a) covers driving without a valid driver's license. It's a misdemeanor punishable by up to 6 months in county jail and a fine of $500.

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My boyfriend and his friend got a gun charge along with 3 other charges.but he has been in jail for 4 months because he violated his probation. They both got the same gun charge(only 1 gun found) and now the case has been bound over what c Your question got cut off, but I'll try to answer - If he's on probation, the new charges against him (the gun charge case) would be a violation of his probation. The Court may have already found him in violation based on the new charges and/or the preliminary hearing (you said he was "bound over" which means he's had a hearing to determine if there was enough...

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CAN ANYONE TELL ME IF I RECEIVE A CITATION FOR POSSESION OF A CONCEALED WEAPON IN ANOTHER STATE, AND RETURN TO MY STATE,AFTER TRIAL I RECEIVE A DEFFERED JUDGEMENT WILL IT SHOW UP ON A CRIMINAL HISTORY IN MY STATE?? PLEASE HELP Do I understand your question: If you get convicted in another state of a weapons charge, will it show up on your criminal history (aka rap sheet) in your home state? The short answer is yes. Your criminal history generally contains convictions from your home state, but can/may/will also have entries from out of state. You will also have what's known as a "multi-state"...

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Hi. I was just arrested for theft. this is my first offense i am just wondering what my charges will be and how much trouble i will be in? it was 79 bucks worth. It depends on where you are, but it should be treated as a misdemeanor petty theft. You're likely looking at probation for three years and some community service. The prosecution may want you to serve at least one day in jail so this case can be used against you in the future to make a second petty theft (if you ever steal again) into a felony "petty theft with a prior" [see...

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My son is facing a home invasion case which they are telling him to plea bargin or take it to trial what type of time would he get (value less than $500.00 ) It depends on where the crime is being prosecuted. The specific charge your son faces is important, too. For example, theft of $500 in California is grand theft and can be filed as either a felony or misdemeanor. With no record, a grand theft conviction would most likely result in a sentence of probation and some jail time (30 days sounds about right, but it depends on several factors). ...

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Collective possesion of drugs in a car any info on this situation? Often, when there are drugs found in a car with several occupants, the police (and the prosecutor) will charge everyone in the car with possession of the drugs. More than one person can possess an item at the same time. Think of it like a pizza. Several people sitting around the table all possess it and have access to it. The issue is/will be - does the person charged...

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If a CA Community College as a potential employer requests my background check while I am in the interim period of DEJ (deferred entry of judgment) will a conviction show? Old question, but I'll clear it up - DEJ = "Deferred Entry of Judgment". It's also known as Diversion. In California, a person charged with certain drug crimes (generally, personal use crimes, NOT sales cases) have an opportunity to go through the DEJ. They plead guilty and are then ordered to go through a series of classes. The sentencing is put off for 18 months and...

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I have been charged with a felony/grand larceny, in the amount of $3,998.00 I have a PD. I'm 23 and this is my first offense. I confessed b/c someone snitched on me, and I had a warrant for me. I did do it, i just want to know what I am facing. It depends on what state you're in. A huge factor in your favor will be if you pay back the amount stolen ASAP. If/when convicted, you'll have to pay back the money in restitution anyway, but if you get the money together up front, it helps to show remorse and will help you be looked upon more favorably by the prosecutor and Court. Do NOT contact the victim directly, however....

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My brother was arrested in May of 2005 for a drive by shooting. He had a trial one year later. It was a hug jury. It has been almost 3 year this May 2008 and he still has not had a new trail. What are his rights? how long can he be kept in jail? The exact time limits will vary from state to state, but your brother has a right to a speedy trial. After a hung jury (mistrial), the clock resets and another trial must be set within the required time. For example, in California, it would be within 60 calendar days. HOWEVER, it can be set beyond the time limits if he waives time (waives his right to a speedy trial). If it has really been...

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Why should no one get away with murder It depends... what do you mean by "get away with"? If you mean should every killing be punished? Then I say no. There are some necessary killings (self-defense, defense of others, etc.) that are legally and morally excused. If you mean should every UNexcusable murder be punished? Then I'm with you. The greatest of crimes is taking another's life. In my opinion,...

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Can a 18 year old have sex with someone who is only 3 months younger in California? Your question doesn't give enough information to answer accurately. If the one that's 3 months younger is under 18, it's illegal. (Penal Code section 261.5). It's a misdemeanor. If the younger one is over 18, it's perfectly legal. For example, one could be 18 years and 4 months, the other 18 years and 1 month. Still 3 months younger, but both over 18, so no...

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Is it true that inmates in California prisons, who commit non-violent crimes that are eligible for half-time (50%) are currently doing only 35% of their sentence? I keep on hearing rumors and wanted to know if this is true. Is it due to over population It's written into the Penal Code. For people sentenced to prison (not probation and jail sentences - that's a different matter), they get credits ("good time" and "work time" credits). For non-violent offenses, a person gets day-for day credits and serve 50% of the term. (Penal Code section 4019) For violent offenses, they serve 85% of their sentence (Penal...

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Does anyone know if brass knuckles are illegal in california to own? The answer above is correct, but the section is Penal Code 12020(a)

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How much is it in california if you get a ticket for going 24mph over the limit, and does the officer have to ask for you insurance and registration to give you a ticket? There is no statutory fee schedule of dollars in fines for miles over. They're set by each jurisdiction and the judge has a fair amount of discretion in setting fine amounts. As far as asking for your license and registration - Do they HAVE to ask to make the ticket valid? No. Do they usually ask? Absolutely. If they didn't ask you, the ticket is still valid. If you...

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Can a judge waive my dui fines so i can join the military? Im In California There are some mandatory fines and fees that the judge cannot waive. In most jurisdictions, you can do either jail time or community service in lieu of the fines, but even with that, there are still some monetary costs the judge cannot waive. Also note that you will probably be on probation for 3 to 5 years. Often times, the military will not accept you if you're currently on probation....

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What is parole and how does it operate today? Once a person is sentenced to prison, they are released after serving their time. They are under the conditions set forth by the parole department. Conditions may include drug testing, being subject to random searches, restrictions on associates, residence, etc. If a parolee violates a term or condition of probation, they are subject to a parole violation. If the violation is found to be...

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Whats that song in the virgin mobile commercial the one that goes "it started in the air" or something like that and everyone has a halo or devil horns? It's by Digitalism - the song is Pogo.

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How long would it take for a criminal lawyer to complete one minor case? It depends. If the lawyer was just going into court on a routine case where there were no issues and he was only there to facilitate a plea of guilty, it could be over in one court appearance - maybe two. If it went to trial, it depends on if the defendant waived his right to a speedy trial or not. (I'll use California law as an example): If a defendant is in custody at the time of his...

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Can the heat of passion defense be raised in an assault case? If so, how would it impact the sentencing? In California, "heat of passion" may be argued to reduce a charge of murder down to voluntary manslaughter. However, there is no "defense" of "heat of passion" to other charges. The circumstances of the crime may help to mitigate the punishment, if the provocation was severe enough, but it is not a complete defense to a crime to claim "heat of passion."...

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If you get a California marriage license and live in California, can you get married in Nevada? No - not under that license. A marriage license issued in California is only for marriages that occur IN California. To get married in Nevada, you'd have to follow their rules and get a license in their state.

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I was arrested and completed a deferred entry of judgment. I am at the end of the 18 month period after which the charges will be dismissed. Based on California law, is it a conviction in the interim period with the DOJ? Short answer - no (but it depends on when you entered your plea and a couple of other things... keep reading). Under Penal Code section 1000, the "deferred entry of judgment" or "drug diversion" program, a person with no previous drug convictions can take advantage of a way to get the drug charges against them dismissed and wiped off their record. Currently, you must...

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I need help identifying a pill. I have searched many sites and cannot seem to find out what this pill is. It's a large yellow pill that is oval shaped. Imprinted on it is a weird looking letter kind of like a upside down backwards lowercase e and KJ. It is Biaxin - an antibiotic. The generic name is Clarithromycin.

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What is the title of the song that begins "Baby, would you mind touching me"? It's "Would You Mind" by Janet Jackson.

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What is the name of the song that goes "I don't want to wait, for my life to be over"? It's "I Don't Want to Wait" by Paula Cole.

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I was arrested and completed a deferred entry of judgment. The charges were subsequently dismissed. Will the arrest show up on an employer's background check? Since you didn't specify where you are, I can answer based on California law - it may give you guidance on your situation. In California, first-time drug offenders are given a chance to earn a dismissal in their criminal case by pleading guilty up front, then attending a series of classes. If they complete the classes and stay crime free for 18 months, their case will be dismissed....

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Can you be found liable for telling a person how to kill someone without getting caught? In a criminal sense, the answer is no. Just telling somebody HOW to commit a crime is not itself unlawful. For example, if I told you the way to commit a DUI was to go drink until you got drunk, then get behind the wheel of a car and drive, I haven't done anything wrong. Similarly, if a crime novel writer was discussing with his editor the plot for an upcoming novel and how a killer...

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Can a DUI case be dismissed if the officer that pulled you over for speeding didn't write the exact speed on the ticket? Well... specifically, the answer to your question is no. The exact speed you were going when pulled over is not required to be written on the ticket for the charge of DUI to stand. However... can it lead to a dismissal? Possibly - but it's a long shot. Let me explain. A traffic stop must be based on "probable cause." The officer must have reason to believe a traffic...

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If you can't afford an attorney, but the court decides you aren't poor enough for a public defender, what do you do? This answer comes mainly from experience in the California system, but should apply to all other states: Most courts have a panel of private attorneys that have agreed to take cases for reduced fees for people accused of crimes, but who are not indigent. They take people that make too much money to qualify for a public defender, but not enough money to pay "full" prices for a...

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If you get married in Vegas is the marriage legal in the state you live in or do you have file with the courts in your state? Assuming your marriage would have been legal in your home state, then yes, the Vegas marriage will be legal. Each state recognizes marriages from the other states under the Constitution's Full Faith & Credit provision. This is why you can get married in your home state, then move with your spouse to another state and live happily ever after without getting re-married in your new...

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How big is the square (aiming square) on a regulation back board? It's 18 inches high by 24 inches wide. The line itself is two inches wide.

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What is the name of the theme song on That 70's Show? The theme song, "In the Street," is by Alex Chilton and Chris Bell of the band Big Star. Beginning the second season, the song was performed by the band Cheap Trick.

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Will using whitening treatments while wearing braces damage them? It depends on what type of braces you have on, but it's not a good idea anyway. While the solutions are not strong enough to dissolve the metal in the braces, they can weaken the adhesive that holds the braces to your teeth. In addition, the whitening treatments only work on the areas where they contact your teeth. If your braces are attached to the front of your teeth, you'll end...

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Why are pedophiles looked down upon in prisons? For pretty much the same reason they're looked down upon in society - harming a child is about the lowest of the low. Even within the prison system, there's a heirarchy. Child molesters rank at the bottom, with rapists just barely above them. Other inmates can look at a child molester and have an air of superiority... "Yeah, I broke into 57 houses, stole, robbed and shot...

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What is the gas mileage for a Hummer stretch limo? An 18-passenger Hummer H2 limo, which is 32 feet long, gets a whopping 8 miles per gallon.

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Two years ago my license was revoked for a DWI. I didn't go to traffic school. Can I avoid traffic school and get my license reinstated? Traffic school is usually permitted for minor violations, but not DWI or DUI offenses. If you license was revoked because of a DWI conviction, the department of motor vehicles is the only entity that can reissue your license. However, they may require certain things, including alcohol treatment programs to be completed before they will reinstate your license. That may require going through...

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Is it a crime to have sex with a corpse? What penalties or charges would you face? Believe it or not, many states do not have specific laws on the books that punish sexual contact with human remains. California does have a statute, though - a Bill signed by Governor Schwarzenneger now prohibits sex with a corpse. It's covered in Health & Safety Code section 7052. The text reads: 7052. (a) Every person who willfully mutilates, disinters, removes from the place...

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Is the series "Kung Fu" available on dvd in Australia? Yes - Snatch the pebbles from my hand, Grasshopper... go to http://www.ezydvd.com.au/index.zml and enter "Kung Fu" in the search box. Several seasons are available. Thanks for the negative rating.... sorry the link didn't work, but it's now corrected. If for some reason it STILL doesn't work, if you enter "ezdvd" in Google, it'll pull it up

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What are each of the four Fruit of the Loom characters? The four Fruit of the Loom guys are: apple, grapes, gooseberries and a cluster of leaves.

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What gives Yerba Mate its energizing kick? Yerba Mate contains xanthines, which are alkaloids in the same family as caffeine, theophylline, and theobromine, well-known stimulants also found in coffee and chocolate.

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Can a female dog be pregnant by more than one male at the same time? Yes - just like cats, dogs can have multiple fathers or sires within one litter. In response to the negative feedback question from vernillat: Although I answered the question correctly, here's your answer: What do you mean how does that work geneticallly? Because dogs (and cats) have litters of offspring, the female produces several eggs per cycle. If she mates with more than one...

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Which philosopher said " Life is a blank slate" ? "Blank slate" is a loose translation of the medieval Latin term tabula rasa-literally, "scraped tablet." It is commonly attributed to the philosopher John Locke (1632-1704), though in fact he used a different metaphor. Here is the famous passage from An Essay Concerning Human Understanding: Let us then suppose the mind to be, as we say, white paper void of all...

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How does a blood-sugar testing machine work? To test for blood sugar levels, a patient pricks their finger and applies a drop of blood to a test strip. That strip is inserted into the testing machine. What the machine is actually measuring is the color change to the testing strip. It's the strip that reacts to the blood sugar level. The machine just interprets the color change as a blood glucose level.

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Approximately how much money is given to one's beneficiaries when s/he "sells" his/her body to science after death? It is unlawful for most (if not all) states to pay money to the family of persons who donate their remains to medical science. Some programs however, will pay for the cost of transportation within the area to the facility and some basic funeral expenses or cremation.

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I had an affair, do I have to testify in court in Florida? If so, to what? Florida is a "no-fault" divorce state, so the reasons for the divorce (i.e. your affair) aren't necessarily relevant to the divorce itself. It may become an issue, however, in determining custody of children if one parent wants to prove the other is unfit based on a lifestyle, etc.

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Two cars are at a four way intersection opposing each other. The car that stopped first is turning left, and the other will go straight. Who has the right of way? Whoever arrives first at a four-way stop intersection has the right of way. In your example, the car turning left would have the right of way. Just to add - if they arrived at the same time, however, the car going straight would have the right of way. If cars arrive at the same time from adjacent roads, the car to the right has the the right of way.

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How many sperm does a healthy, average man usually have at a time? Are you asking how many per ejaculation? The "minimum" for purposes of fertility testing is over 20 million per millilter. "Normal" sperm counts are in the range of 60-80 million per milliliter. The average ejaculate is approximately 2 millileters, so "at one time," an average man has 120-160 million sperm. (The range of "normal volume" for...

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Even though California is a no-fault state, can I still file a fault divorce? While some states are "fault" states and others are mixed fault/no fault where a filing party can elect, California is a pure no-fault state and you may not file a fault divorce.

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When an officer tells you to sign a ticket verifying that you have been served a summons, what happens if you refuse to sign? The citation is your written promise to appear on or before the date on the ticket. It allows you to be released on your own recognizance (on just your promise to show up). If you refuse to sign, the officer is authorized to (and will) arrest you and bring you before a magistrate. The magistrate will then set a bond for your appearance or release you on your promise to the Court to appear on...

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Can an inverted sternum create breathing problems in a child - and what can be done to alleviate this condition? By "inverted sternum," I assume you mean a condition where the lower end of the sternum or breastbone is depressed or sunken into the chest. This is called "pectus excavatum" and varies from mild to severe. Because the sternum is sunken into the chest cavity, it can have some effect on breathing, notably infringing on the ability to take a deep breath. This can lead to...

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Do products that claim to make you grow taller really work? Growth occurs as the bones lengthen. There is a space between the end of the bone itself (such as the shaft of the femur or thigh bone) and the end of the bone called the epiphyseal space. In that space, there is cartilege. As a person ages and grows, that cartilege is replaced with bone tissue and the bone grows in length. Eventually, the end of the bones (the epiphysis) fuses with the...

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I was in a car accident where I was at fault. I phoned the other person involved, but still haven't heard back. Is there a law stating how long she has until I am no longer liable for the expenses? Yes - your state has a statute of limitations for civil suits that sets forth how long a person has to sue for damages. If a lawsuit is not filed (filed, not resolved) within the statute of limitations, then the injured party cannot collect damages, even if the case is clear cut. If you search - make sure you're looking at the right civil statute of limitations. The time frame for a...

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Is it true that there is a worm in a person's head which only becomes active after death? No - there's no hidden worm that only activates after death. Organs decompose at different rates. Those with a high enzyme content (such as the liver) or a high water content (such as the brain) will decompose faster than others.

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Throughout the normal course of the day and while sleeping, how many brain cells die per hour? Most estimates say we have about 100 billion brain cells (neurons), and about ten times that many, or one trillion, support cells (glia) that help the neurons. We'll just concentrate on the neurons themselves. The brain weighs about 3 pounds, and after age 20, you lose about a gram of brain mass per year. Three pounds is about 1.4 kilograms (scientists work in the metric system,...

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What trouble are you in if you commit a crime while on probation and then leave the state without notification? You're in trouble two different ways: First, in addition to whatever punishment you'd get for the "new" crime, I'm fairly certain a standard term of your probation is to "violate no law." A new conviction can result in the sentence from the first case that was suspended when you got a grant of probation to be imposed. A violation of any of the...

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Why does the cue ball always roll down a diffierent rail when it is pocketed? I'm assuming you're asking how the cue ball gets returned on a coin-operated machine when you scratch, right? So that the cue ball gets returned and back into play after a scratch, instead of being held in the table until money is inserted, one of two systems is used. Some tables use an oversized cue ball (2 3/8 inch diameter instead of the standard 2 1/4 inch for the colored...

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Are there contact lenses that protect the eyes in the same way sunglasses do? While some contact lens manufacturers include some degree of UV protection, they are not substitutes for sunglasses or other UV protection for your eyes. Contacts cover only the iris (colored portion) and pupil, but not the rest of the eye. You may have heard of "performance enhancing contact lenses" made by MaxSight. They've been used by baseball players who swear they can...

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I have seen joggers' stomachs wrapped in plastic. What does this do? It's an attempt to help them lose weight. It's a total myth, however. People think that by wrapping an area in plastic, it will somehow spot reduce that area by making it hotter, thus burning the fat from that spot before all others. While it may increase the sweating and therefore a temporary weight loss, it's not the way to go about losing weight and can actually be...

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How old is Andy Milonakis from MTV's "Andy Milonakis"? According to IMDb, he was born January 30, 1976, making him 29.

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What does HDMI stand for? High Definition Multimedia Interface.

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Do pager-like devices that alert you whenever you're in range of a free public Wi-Fi hotspot exist? There are hand-held devices that can tell you when you're in a WiFi range. If you do a Google search for "WiFi detector," you will find several devices that show you, via LED display lights, that you're in a WiFi area. Some filter out "other" signals (such as Bluetooth signals, etc.). The Hawking WiFi detector and Smart ID WiFi Detector are two examples. Smart...

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When was the hypodermic needle invented? It was invented in 1853 by a Scottish doctor, Alexander Wood. About the same time, a doctor in France, Charles Pravaz, also devised a hypodermic syringe independent of Dr. Wood. They're both credited with inventing the syringe.

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When a line of drugs is snorted in a movie, what are they actually snorting? They may not be snorting anything. Finely ground powdered sugar can be blown away and the effect in the movie is the same. The powder disappears as the straw goes along the line of "drugs." Other things used that may be being snorted are powdered milk, soy baby formula powder, powdered vitamin B 12, inositol (a common cutting agent for real drugs) and Ovaltine.

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Who invented bar codes? The predecessor to the modern bar code was a punch-card system invented by William Flint from Harvard University. Customers would pull a punch-card from a catalog, hand it to a clerk at the store who would insert it into a punch card reader. The system then pulled the merchandise and delivered it to the clerk at the counter. It was also used for inventory purposes. The modern, familiar...

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What is the difference between Diet Coke and Coke Zero? The originial Diet Coke is sweetened with Aspartame (nutrasweet). Coke Zero is sweetened with a blend of aspartame and acesulfame potassium. Coca-Cola's position is that the Coke Zero is supposed to taste more like the original Coke, but without calories or sugar.

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In square metres, what is the surface area of skin of an average adult? In the average adult, the skin covers 1.5 to 2.0 square meters. The average thickness is 1-2 mm.

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What is the origin of the expression "you can spit on the mat and call the cat a bastard" ? It was used by Robert Heinlein in a "A Stranger in a Strange Land" which was first published in 196. It's most often attributed to A. Bertram Chandler. He used the phrase in nearly all the John Grimes books. He first used it in "The Road to the Rim" published in If magazine in 1967. It's supposed to be a turn on the phrase that seems to come from the Oliver...

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I am taking Ortho Novum 1/35. What exactly are the green pills for? The peach colored pills are the "active" ones and the green ones are "reminder" pills and only contain inert or inactive ingredients. They just keep you in the habit of taking one pill a day. More detailed information can be found in the package insert of your next month's pack.

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Is it possible to obtain a persons ip address from an email? Yes - you can see the originating IP address by viewing the full "header" of an e-mail. Depending on what program you use, change the settings to view the full header. Yahoo e-mail has a one-click way to view full header. Hotmail requires a change in settings.

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What should you do if you get a stitch while running on a treadmill? A stitch will usually go away quickly after just slowing down or stopping. If you just don't want to stop, you can often make it go away by bringing your breathing into careful control. Concentrate on belly breathing, pushing your belly out when you breathe in and relaxing it as you breathe out. Take deep breaths on the intake, and exhale suddenly, even noisily. To get the diaphragm to...

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Is there anything that can be done to save someone if he is having an aneurism? First, just to clarify... "having" an aneurysm means just that. You have one. An aneurysm is a bulge in a blood vessel, most commonly an artery (sort of like a bulge from an inner tube). People can have an aneurysm and never know it. Unfortunately, when they manifest themselves, they can have dire consequences. The two most common sites for aneursyms are in the brain (at the...

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What does the word "skeen" mean in the context of an online chatroom? It means "seen" or "I see" or "understood."

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What does HIGE mean in the descriptions of vintage jeans? It refers to the creases across the top of the legs (aka "kitty whiskers") where the jeans bunch up when you sit down.

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In California, what is the process (if it can be done) of getting a felony expunged from a person's record after 13 years? There is another way besides a pardon from the Governor. If the conviction resulted in a probation sentence (as opposed to a prison commitment), under California Penal Code section 1203.4, a person may petition the court for "relief." If a person successfully completes the conditions of probation, they may ask the court to set aside the conviction and dismiss the case. It's...

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How did the town of Intercourse get its name? Much speculation exists concerning the origin of the name of this little country village. There are several explanations, but none really can be substantiated. The first centers around an old race track which existed just east of town. As one leaves town, traveling eastward on the "Old Philadelphia Pike", there is a long stretch of road where the track was located. This was the...

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Is it possible to dry fruit in the oven? And if so, how can it be done? Yes, you can use your oven to dry fruit. Heat the oven to 140 degrees and prop the door open a little so any steam escapes. Set a fan up in front of the oven so it circulates some air through the oven. It will take from 4 to 12 hours, depending on the type of fruit and the thickness of the pieces. Check fairly often to see if it's done, rotate the trays and flip the pieces every...

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What does it mean if you experience pain in your side while running? Aaah - the dreaded "side stitch." The pain is caused by a spasm of the diaphragm, the muscle that controls your breathing. If your breathing isn't controlled and disciplined, the diaphragm may be complaining. If you are running too soon after eating, your heavy stomach may literally be tugging at the ligaments connected to the diaphragm. Or you may simply be running too fast...

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I was cited for reckless driving and driving without privileges by a cop who didn't even see me driving--someone called in a complaint. Is this legal? Was it legal for the officer to issue a citation? Yes. Does it affect the outcome of any charges against you? Not necessarily. Please see my detailed answer to a similar/duplicate question in this same category: http://www.answerbag.com/q_view.php/26657

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If you get married in Las Vegas is the marriage legal in the state that you live in? Or do you need to the court in your county and register? Assuming your marriage would have been legal in your home state, then yes, the Vegas marriage will be legal. Each state recognizes marriages from the other states under the Constitution's Full Faith & Credit provision. This is why you can get married in your home state, then move with your spouse to another state and live happily ever after without getting re-married in your new...

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I was cited for reckless driving and a driving without privileges from a complaint that was called in. The police did not see anything. I was cited while the car was parked with no keys in the ignition. Can I get fight this citation? Assuming both charges you potentially face are misdemeanors, the officer could not arrest you for the offense, since it was not committed in his presence. He can issue a summons (citation) for you to appear in court, however. He could have submitted a report to the prosecutor's office and an arrest warrant could have been issued for you. The fact that you were given a citation twenty...

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Is a police officer legally obligated to be visible by motorists in order to issue a ticket or can he be hidden and catch unsuspecting motorists? There is no legal obligation that police be consipcuous in order to make any citation valid. Of course, they must be able to see sufficiently to identify the offender and/or stop the right car, but no, they don't have to be visible themselves. To illustrates both sides, there are "red light cameras" installed in many major intersections. Once a light turns red, anyone...

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What is an indemnity bond? It's a bond to repay a lender in the event of a shortfall in a loan repayment. For example, in real estate, a lender may require an indemnity bond in markets with slow growth in cases where the loan amount is greater than 75% of the home's value. In the event of forclosure and if the house is sold to pay off the loan, but there is negative equity (house is worth less than the loan...

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The actor who played Kramer on Seinfeld was on a much earlier show called "Fridays". Where can I get tapes or DVDs of "Fridays"? I don't know that they put the entire show onto DVD, but I know you can find some clips from "Fridays" on the Seinfeld season 3 DVD "special features" section. Not sure about the other seasons. Hope that satisifies your needs until the entire show comes out.

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How many ants would it take to weigh as much as a human? Using an "average" ant weight of 0.004 grams and an "average" human male of 80 kg, it would take 20 million ants to weigh as much as a human. Your results may vary... I'm using the Formica japonica ant as my base and 176 pounds as our hypothetical man. As a bonus bit of completely useless trivia and calculations, since ants can lift 5 times their body weight, it...

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In CA, what is the regulation for making a right hand turn at a red light when there is one lane for traffic? If a car is already stopped at the light, is a car approaching the light allowed pull to the red-lined curb to make a right hand turn? Yes, it would be legal to turn right after a full stop on a red light from the "curb lane." The red curb only means no parking. Although you're describing one lane of travel, you can pass on the right to pull next to the curb and pass for the purpose of turning. In fact, the red curb in that spot was probably intended to keep that area clear of parked cars so that people...

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What's the history behind Greyhound's slogan "Go Greyhound and leave the driving to us"? From the fine folks at greyhound.com, here's the story: In 1956, an advertising campaign included the phrase "It's such a comfort to travel by bus -- and leave the driving to us." This later evolved into the company's signature slogan: "Go Greyhound -- and leave the driving to us."

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When a restitution is set by the court and you disagree with the amount, what are your legal options? Restitution is designed to compensate the victims of crime for their monetary losses as a result of the crime. Technically, it is separate from the punishment aspect of a criminal sentence. While it may be part of the sentence imposed, most jurisdictions have restitution statutes in place to ensure crime victims get repaid for their losses. If at the time of sentencing the court makes an...

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What is "heartcheck"? It has to do with prison life. It's an assignment to an inmate (usually by his gang) to do a particularly dangerous thing [i.e. murder another inmate] to see if he's still down for his gang.

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What's the point of giving someone two life sentences? Several reasons. First, "life" doesn't necessarily mean until they die. For example, in California, a punishment that's listed as "life" means they're eligible for parole in 7 years. Only if the sentence is "life without the possibility of parole" will it actually mean they spend the rest of their life in prison. Second, a separate sentence...

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If a person in California were involved in an auto accident, and did not have insurance, is this considered a "crime"? And if there was was a law suit, would this be resolved in criminal or civil court? Auto insurance is required under California law, so driving without insurance is a crime. It's a violation of California Vehicle Code section 16028(a). It's an infraction, but carries a hefty fine (over a thousand dollars in some jurisdictions). If you're asking about how/where this would be resolved, the two court systems operate independent of each others' decisions....

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Why do bruises appear as so many different colours? What causes this discolouration? A bruise is caused by the leakage of blood out of the blood vessels and is trapped under the skin. The different colors of bruises have to do with the change in the blood as it's broken down and re-absorbed by the body. Intially, bruises appear as reddish. It will then turn blue or dark purple within a few hours, then yellow or green as it heals. Different components of the blood...

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How do erasers work? I assume you're asking about pencil erasers, right? A pencil leaves a trail of microscopic graphite "flakes" on the paper, visible as black or grey lines to the human eye. An eraser is a soft rubber abrasive, which gently scrubs the top layer of paper, removing a little of paper together with graphite particles. Clumps of used rubber, mixed with paper and graphite are produced...

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Do all bones contain bone marrow? No. Marrow is found in the medullar cavity of long bones (i.e. femur or thigh bone). Some bones (short bones, i.e. the ones of the fingers, the tiny bones in the inner ear, etc.) do not have the medullar cavity and therefore, no bone marrow.

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Who decides which judge will hear a particular case? As a general rule, any judge could hear any case. In practical application though, there are criminal court judges and civil judges. Each side (criminal & civil) will usually have a master calendar department where all matters are set. From there, the presiding judge will determine which cases will be assigned to which judge for the proceedings. A case can be assigned to a judge for...

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What movies feature confections prominently? Hands down winner: Willie Wonka and the Chocolate Factory.

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Is prank calling a crime? I'm speaking of California law... I'm pretty sure most states have similar laws on the books. Yes. If you call somebody with the intent to annoy or harass them, it's a misdemeanor violation. Punishable by up to 6 months in the county jail and/or $1,000 fine. [reference: California Penal Code section 653m]

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I'm a cashier and recently received a bill that looked like it had dried blood on it and was wondering if I could catch something from touching it? Money in general is one of the dirtiest things we routinely handle - packed with germs and who knows what. Specifically in regards to dried blood - the two main risks are HIV (AIDS) or hepatitis. The risk of contracting HIV from dried blood is extremely slight. The HIV virus cannot live outside the body for more than a few minutes, nor can it survive in a dry environment. Hepatitis B has...

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In which states is it illegal to have your front driver and passenger windows tinted? Each state has different regulations regarding whether front windows can be tinted (or what percentage tint can be used). When the state law allows tinting of front windows, it's often limited to 70% light transmission (70% of light must pass through the tint). If the back window is tinted, there may also be regulations that require a side mirror on the passenger side. Here's a...

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Why do most radio station call letters start with K or W? Stations are assigned a code and generally (with a few exceptions), stations west of the Mississippi river begin with a K and those east of the Mississippi begin with a W.

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Knowing it's a crime to leave the scene of an accident, what if the other driver you hit starts approaching you with a knife or a gun? Are you allowed to flee in self-defense without being charged with leaving the scene of an accident? The defense of "necessity" would apply and you would not be guilty of leaving the scene of an accident. Essentially, necessity allows you to do an act which is otherwise illegal, but excusable under the circumstances. A defendant would have the burden to prove this defense - they would have to show that the act done (here, leaving the scene) was done to prevent significant and...

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What is the complex where father is obsessed with his daughter sexually? It's been sometimes termed "GSA" - Genetic Sexual Attraction syndrome or complex. I suppose it covers all intrafamilial incestuous attractions, but the complex or syndrome has most often been linked to father/daughter sexual abuse. I'll bite my tongue instead of giving my two cents on the validity of such a syndrome.

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Is there a difference between crickets and grasshoppers? While they're in the same general class of insects, there are some differences: Crickets are mostly nocturnal (active at night) and grasshoppers are diurnal (active in the day). Because of this, crickets use their song to communicate in order to find females and warn off other males. Grasshoppers call in the day also but tend to be located high in the vegetation to see and be seen by...

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Who was the female singer in the video clip (not on the record) of Meatloaf's "Paradise by the dashboard light"? Her name is Karen Devito. Edited: Forgive me - my error/typo/goof/screwup: It's Karla Devito.

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I have lived with a man and paid half the mortgage for 5 years, though my name is not on the mortgage. Am I entitled to anything if our engagement has ended? Depending on what state you live in, you may be able to sue under a theory of "unjust enrichment." I agree with another poster that you have been essentially paying rent, but if the half of the mortgage you've paid has been in excess of what the fair market value of the rent had been, or if your paying half the rent has afforded your ex-fiancee to get a better place, the propery...

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I drink 6-12 cups of green tea with a bit of cream and sugar every day day. Is it bad for my body to drink this much tea? Most advocates of drinking green tea for its health benefits suggest at least 2 cups per day, with others saying that 10 cups a day will give maximum benefit. Sounds like you're in the realm of suggested dosages. If you think it's too much, the possible symptoms of "overdose" on green tea might include restlessness, tremor, vomiting, and abdominal spasms.

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My sister passed away a few years ago without a will. There is property in her name that I would like to transfer into mine. How do I go about doing that? When a person dies without a will (intestate), the division of their property is handled by your local laws of intestate succession. You can't just transfer property into your name, even if you think (or can show) what your sister would have wanted. The probate court is bound by laws regarding property division. In general, intestate succession division favors a surviving spouse, then...

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Is there anyway to break an apartment lease early on grounds of a lack of safety? My car and 5 others have been burglarized. I have been offered a better house, and I need to know how to break the lease without paying a penalty. In general, "lack of safety" (especially against property as in your case) is not a valid ground to seek termination of a lease early. Landlords need to take reasonable steps to ensure the safety of the tenants from known risks and harm, but criminal acts by outsiders are generally outside their control.

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What was California Vehicle Code 23102(A) in 1975? I can't find it in today's code book, is this now 23152(A)? Yes - 23152(a) of the California Vehicle Code is the basic DUI statute. It was formerly 23102(a) until 1982. Prior convictions that are used to enhance sentences for repeat DUI offenders include convictions under the old 23102(a) [see California Vehicle Code section 23216].

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Why do my eyes water when I yawn? There are two possible explanations: 1- During a yawn, there is a slight increase in pressure inside the skull (likely caused by slight increases in the amount of oxygen taken in during a deep yawn). This causes the cerebrospinal fluid (CSF), the fluid that surrounds the brain and flows through the brain's ventricle system, to be forced out faster than normal. That fluid enters the...

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Is it possible for the large intestine to be pulled out through the anus (of a live person)? What would happen? Actually, a hemorrhoid is not the intestine protruding from the anus. They're collections of tissue and vericose veins that are located in and around the anus. Most are internal. If they're large enough and located near the opening, they can protrude. The rectum can protrude through the anus in what's knows as "rectal prolapse." The question is asking, I...

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What are all the different parts of a fingerprint? Fingerprints, or more technically "friction ridges" are compared in forensics by the comparison of "minutiae" or ridge characteristics. The minutiae are generally broken into seven categories: 1. ridge ending - a ridge that ends abruptly; 2. bifurcation - a single ridge that divides into two ridges; 3. lake or enclosure - a single ridge that bifurcates and...

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What type of credit card usage helps me build a good credit rating? Should I pay them off immediately or leave a balance on them? For the most part, having no to minimal balances on credit card debt is the best way to go if at all possible. If you're trying to negate some bad things in the past, you can either pay them off immediately or leave the balance, but by all means, make the payments on time! All your hard work to try and establish/fix your credit rating gets diminished with late payments. If you're...

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If I get a credit card and then never use it, is that good or bad for my credit rating? At the risk of being wishy-washy.... it's good and bad. It's good in a way, because it shows that you do have established credit from somebody. (sort of the "Well, if Mobil thought enough of this guy to give them a credit card, why shouldn't we lend money/extend credit?" argument) It's also a bad thing, because the credit limit on the card may be factored in...

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Our dog has whacked his tail so many times, it has started to bleed at the tip. He chews off bandages, and whenever he wags his tail it starts bleeding again. What can we do? I've heard that to protect the tip of a vigorous wagger, you can fashion a tail protector - cover the injured tip of the tail with an appropriate bandage, then cover that with a plastic hair curler. Vet wrap the whole thing in place. It should provide some protection from getting reinjured while it heals.

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If I buy an "unlocked" phone and get service through a company that doesn't offer the phone as one of theirs, will I still be able to get certain attributes of plans they offer? (i.e., text & pic messaging, in-network calling, etc.) Similar to my answer to another question, it all depends on if the phone is designed to work with the network from your cell phone provider. If the phone is designed for a GSM network, it won't work at all with Verizon, a CDMA-based network. Apples and oranges. If the phone's of compatible technology, then it may work if your service provider has the features you're looking for.

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If I were to purchase a phone (Motorola Razr V3) which has been "unlocked," but is NOT offered through my cell phone company (Verizon) for service, then how do I go about getting service set up on the phone? The problem is that Verizon uses CDMA (Code Division Multiple Access) technology for their network and most other companies (Cinguar, AT&T, Sprint) use GSM (Global System for Mobile Communications), so the phone itself may not be compatible with Verizon's network. If the phone is designed to work on the GSM system, it won't work with Verizon's CDMA. If you're...

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Can you cancel a cell phone contract for providing bad reception or poor service? I used to be with Cingular before the cell phone number portability law went into effect. I kept getting the company line from them: "We're adding new cell towers all the time! Your reception should get better within a month or so." After a year of complaining and no change in the reception/dropped call rate, I switched the day you could change, but had to get out of my...

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What is the origin of the terms - albatross, eagle, and birdie used in golf? How did these terms come to be used? In the 1800's in American slang, "bird" applied to something that was excellent or "cool." Because a birdie is one under par for a hole, it was pretty "bird" to get one - that led to "birdie." Keeping with the theme, two under par is a big bird... an eagle. Since three under par is incredibly rare, "albatross" (a rare bird) came into...

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In Oregon, can the police search your vehicle without a search warrant? Actually, there are instances where the police can search without your consent and without a search warrant. An officer can look into a vehicle and if something illegal is observable in plain sight, he may enter and seize the contraband. Officers may search the passenger compartment of a vehicle if there is a reasonable suspicion that weapons or other items that pose a safety risk to the...

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Why does a woman have to have a very full bladder for an ultrasound? Ultrasound imaging is done with sound waves. Sound travels well through water (or fluids) and not as well through air (or other gasses). Because many of the structures they're trying to view are behind the bladder, having the patient have a full bladder makes viewing those structures much easier. This applies to ultrasounds done from the outside of the body. There are other methods -...

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Is it illegal to threaten a person in the state of California? Yes. Under California Penal Code section 422, it is illegal to threaten to commit a crime which will result in death or great bodily harm to another with the intent that the statement be taken seriously and the person to be in sustained fear. Essentially, threats of death or bodily harm, even if you do not intend to carry them out, if reasonably taken seriously by the person who hears it...

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What is the penalty, in the state of Georgia, for a first time offense possession of cocaine without intent to distribute? Not less than five, nor more than thirty years in state prison. Yes, for a first offense.

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Some of my checks have been stolen and used. The money will probably be recovered, but can I sue in civil or criminal court in addition to the fraud investigation? Speaking from the standpoint of California law only... The short answer to "Can you sue?" is yes. You can bring a suit in civil court to recoup the money stolen, but like the old saying goes, you can't get blood out of a stone. Is a thief likely to have money to pay any settlement/judgment? You cannot "sue" in criminal court. That's up to the government...

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What is probation? Probation is the general term for a period of supervision after being convicted (either by plea or following trial) of a crime. Probation is a privilige, not a right, so a defendant must accept the terms of probation imposed in the sentence in order to be given a grant of probation. Typical terms include counseling or other therapy ordered by the court, depending on the type of crime (i.e....

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