http://www.answerbag.com/profile/30082 New Answerbag answers from Answer Guy Tue, 29 May 2012 18:22:23 -0700 Tue, 29 May 2012 18:22:23 -0700 http://www.answerbag.com/a_view/10257520 Are the chances good to have a deportation case vacated due to cal penal code 1016?<br /><br />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... Tue, 01 Feb 2011 06:27:28 -0800 http://www.answerbag.com/a_view/10257520 http://www.answerbag.com/a_view/10133929 if a child gets two misdameanors before the age of 18 will it be cleared when they become adults?<br /><br />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 Fri, 07 Jan 2011 14:58:49 -0800 http://www.answerbag.com/a_view/10133929 http://www.answerbag.com/a_view/10133924 Is speed radar legal in California?<br /><br />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,... Fri, 07 Jan 2011 14:57:57 -0800 http://www.answerbag.com/a_view/10133924 http://www.answerbag.com/a_view/10133908 Who issues certified death certificates in California?<br /><br />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... Fri, 07 Jan 2011 14:53:39 -0800 http://www.answerbag.com/a_view/10133908 http://www.answerbag.com/a_view/10133899 Is adultery against the law in California?<br /><br />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 Fri, 07 Jan 2011 14:51:30 -0800 http://www.answerbag.com/a_view/10133899 http://www.answerbag.com/a_view/10133825 Is it legal to spank your child in California when your in public?<br /><br />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 Fri, 07 Jan 2011 14:30:30 -0800 http://www.answerbag.com/a_view/10133825 http://www.answerbag.com/a_view/9985688 How do i contest a cell phone ticket in california?<br /><br />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... Tue, 07 Dec 2010 12:43:09 -0800 http://www.answerbag.com/a_view/9985688 http://www.answerbag.com/a_view/9985674 Is DUI a criminal offense in California?<br /><br />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... Tue, 07 Dec 2010 12:39:24 -0800 http://www.answerbag.com/a_view/9985674 http://www.answerbag.com/a_view/9985654 How long does a DUI conviction stay on your record in California?<br /><br />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... Tue, 07 Dec 2010 12:34:28 -0800 http://www.answerbag.com/a_view/9985654 http://www.answerbag.com/a_view/9985642 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.<br /><br />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... Tue, 07 Dec 2010 12:31:44 -0800 http://www.answerbag.com/a_view/9985642 http://www.answerbag.com/a_view/9985628 What is the statue of limitation for reporting violent crimes in the state of CA?<br /><br />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... Tue, 07 Dec 2010 12:27:56 -0800 http://www.answerbag.com/a_view/9985628 http://www.answerbag.com/a_view/9985619 Is identity theft a felony in California?<br /><br />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... Tue, 07 Dec 2010 12:26:19 -0800 http://www.answerbag.com/a_view/9985619 http://www.answerbag.com/a_view/9985609 Is trespassing a misdemeanor in California?<br /><br />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. Tue, 07 Dec 2010 12:23:57 -0800 http://www.answerbag.com/a_view/9985609 http://www.answerbag.com/a_view/9985591 If someone kills another person while reasonably and justifiably defending themselves, are they responsible for the other person's death?<br /><br />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... Tue, 07 Dec 2010 12:20:17 -0800 http://www.answerbag.com/a_view/9985591 http://www.answerbag.com/a_view/6722103 Can I still become a teacher in California if I have been convicted of shoplifting? What if I have my record expunged?<br /><br />You will have to disclose the conviction and although you might be okay, it&#039;s going to certainly hinder your chances. Expungement will help . . . but it&#039;s limited. It allows you to tell private employers you&#039;ve never been convicted of a crime, but it still appears on your record... Sat, 06 Jun 2009 17:49:33 -0700 http://www.answerbag.com/a_view/6722103 http://www.answerbag.com/a_view/6722084 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.<br /><br />You&#039;ve got a decent defense. Reckless driving can be a misdemeanor or an infraction. If it&#039;s an infraction, the citing officer must have observed the offense. If it&#039;s charged as a misdemeanor and you were cited, it was technically an arrest and a release on the citation. The... Sat, 06 Jun 2009 17:46:52 -0700 http://www.answerbag.com/a_view/6722084 http://www.answerbag.com/a_view/6722041 Will i be arrested if i visit an inmate in san diego conty jail if i have a bench warrant in arizona?<br /><br />It&#039;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&#039;s not worth the gamble. Either don&#039;t visit or take care of the warrant first. If you do clear up... Sat, 06 Jun 2009 17:41:52 -0700 http://www.answerbag.com/a_view/6722041 http://www.answerbag.com/a_view/6722027 What is the penalty for filing a false police report about signing dmv documents<br /><br />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. Sat, 06 Jun 2009 17:40:06 -0700 http://www.answerbag.com/a_view/6722027 http://www.answerbag.com/a_view/6722015 Im 18 and my girl friend is 16 is it illegal to have sex with her In the state of california<br /><br />It is illegal. It is against the law to have sexual intercourse with anyone under the age of 18 in California.. even if you&#039;re under 18 too. See Penal Code section 261.5 http://www.joedane.com/faq/what-is-statutory-rape/ Sat, 06 Jun 2009 17:39:00 -0700 http://www.answerbag.com/a_view/6722015 http://www.answerbag.com/a_view/5452577 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?<br /><br />Good thought, but... if you do the math, you&#039;ll see it wouldn&#039;t work: Let&#039;s say an average police officer makes $60,000 a year (they&#039;ve got a few years experience and we&#039;re talking southern California salary). How long do you think it would take that officer to... Tue, 03 Feb 2009 13:35:49 -0800 http://www.answerbag.com/a_view/5452577 http://www.answerbag.com/a_view/5452414 What is it called when you go to jail for letting people store stolen goods in your home and not reporting them?<br /><br />You could be responsible two ways: Possession of stolen property or as an accessory to the original theft. Tue, 03 Feb 2009 13:22:05 -0800 http://www.answerbag.com/a_view/5452414 http://www.answerbag.com/a_view/5407726 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?<br /><br />First - the number of cases &quot;won&quot; is subjective. What is a &quot;win&quot;? A settlement that benefits both parties is a &quot;win&quot; to some people. For others, it means getting absolutely everything your side wants. To check out an attorney: First - I would suggest looking... Fri, 30 Jan 2009 16:04:59 -0800 http://www.answerbag.com/a_view/5407726 http://www.answerbag.com/a_view/5293269 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.<br /><br />In California, narcotics offenders are required to register (Health &amp; Safety Code section 11590) as well as convicted gang members (Penal Code 186.22). Those are not public databases, however - they&#039;re for law enforcement use only unlike the sex offender registry. Wed, 21 Jan 2009 13:03:10 -0800 http://www.answerbag.com/a_view/5293269 http://www.answerbag.com/a_view/5212795 What is the time for attempted murder<br /><br />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, &quot;life&quot; means you&#039;re eligible for parole in 7 years. For all... Wed, 14 Jan 2009 19:18:13 -0800 http://www.answerbag.com/a_view/5212795 http://www.answerbag.com/a_view/5212538 After being charged with a drug offense are you subject to search everytime being pulled over?<br /><br />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&#039;re convicted and on probation or parole, you may have as one of your terms a Fourth Amendment waiver or a &quot;search clause&quot; which means... Wed, 14 Jan 2009 18:59:09 -0800 http://www.answerbag.com/a_view/5212538 http://www.answerbag.com/a_view/5212449 Can the cops make you leave your business while they wait for a search warrant?<br /><br />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 &quot;freeze&quot; the location while waiting for the warrant to prevent destruction or loss of evidence.... Wed, 14 Jan 2009 18:53:36 -0800 http://www.answerbag.com/a_view/5212449 http://www.answerbag.com/a_view/5212380 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).<br /><br />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&#039;s wishes and dismiss (or never file) a case if the victim doesn&#039;t want to go forward, others will proceed,... Wed, 14 Jan 2009 18:48:08 -0800 http://www.answerbag.com/a_view/5212380 http://www.answerbag.com/a_view/5212264 Would someone who was sentenced to probation have to report to probation if he appeals his case due to his lawyer misrepresenting him?<br /><br />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&#039;ve filed a notice of appeal. Wed, 14 Jan 2009 18:40:33 -0800 http://www.answerbag.com/a_view/5212264 http://www.answerbag.com/a_view/5212234 How long does a misdemeanor stay on record?<br /><br />They don&#039;t just automatically drop off, so unless you do something to get it off your record, the answer is &quot;forever.&quot; 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... Wed, 14 Jan 2009 18:38:26 -0800 http://www.answerbag.com/a_view/5212234 http://www.answerbag.com/a_view/5149597 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...<br /><br />Every criminal statute must have a sentence attached to it to be valid. While they may have a set range of sentence known as &quot;determinate&quot; 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... Fri, 09 Jan 2009 14:36:08 -0800 http://www.answerbag.com/a_view/5149597 http://www.answerbag.com/a_view/5077822 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?<br /><br />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&#039;s the extreme solution. Most often, the judge will admonish the jurors to disregard the evidence and treat it as though... Sat, 03 Jan 2009 12:15:47 -0800 http://www.answerbag.com/a_view/5077822 http://www.answerbag.com/a_view/5023623 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<br /><br />Go to your DMV and file a &quot;release of liability&quot; form. Bring whatever documentation you have about the sale of your van. See California&#039;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... Mon, 29 Dec 2008 15:10:04 -0800 http://www.answerbag.com/a_view/5023623 http://www.answerbag.com/a_view/5023572 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?<br /><br />They usually don&#039;t undo the appointment once it&#039;s been made. It&#039;s your status at the time of appointment that matters. The public defender is not necessarily &quot;free&quot; though. You may be required to repay some or all of the cost of representation based upon your ability... Mon, 29 Dec 2008 15:02:38 -0800 http://www.answerbag.com/a_view/5023572 http://www.answerbag.com/a_view/5023558 Can you cahange a "no contest" plea to "not Guilty" before you have been sentenced?<br /><br />Once you&#039;ve entered a plea of guilty of &quot;no contest,&quot; you have to be allowed to withdraw your plea to get back to your original &quot;not guilty&quot; plea. Some courts and jurisdictions are better about letting you do that, others will require a formal motion to be heard. Unless... Mon, 29 Dec 2008 15:01:27 -0800 http://www.answerbag.com/a_view/5023558 http://www.answerbag.com/a_view/4910719 Incarceration: Can two life sentences that are stacked be changed to run concurrent? if so how?<br /><br />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). Tue, 16 Dec 2008 22:34:22 -0800 http://www.answerbag.com/a_view/4910719 http://www.answerbag.com/a_view/4910608 Before my dad died, he wrote a wil. My mom is stil living. Can she change that will?<br /><br />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... Tue, 16 Dec 2008 22:23:16 -0800 http://www.answerbag.com/a_view/4910608 http://www.answerbag.com/a_view/4897927 What is the role of a defense attorney?<br /><br />A defense attorney&#039;s role has many layers. Most importantly, they act as a balance to the state&#039;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... Mon, 15 Dec 2008 14:14:47 -0800 http://www.answerbag.com/a_view/4897927 http://www.answerbag.com/a_view/4843977 Will I be sentenced to a longer jail sentence if I miss a remand date?<br /><br />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... Tue, 09 Dec 2008 16:38:25 -0800 http://www.answerbag.com/a_view/4843977 http://www.answerbag.com/a_view/4843951 Is criminal rehabilitation a myth?<br /><br />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... Tue, 09 Dec 2008 16:34:20 -0800 http://www.answerbag.com/a_view/4843951 http://www.answerbag.com/a_view/4840597 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?<br /><br />No - they would be practicing law without a license and could face criminal prosecution. Tue, 09 Dec 2008 11:09:11 -0800 http://www.answerbag.com/a_view/4840597 http://www.answerbag.com/a_view/4840554 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?<br /><br />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&#039;re demanding your car back, then... Tue, 09 Dec 2008 11:03:47 -0800 http://www.answerbag.com/a_view/4840554 http://www.answerbag.com/a_view/4840542 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?<br /><br />You don&#039;t have to pick it up. Anything that&#039;s sent certified to you is the sender&#039;s way to prove you actually got the letter. If you don&#039;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... Tue, 09 Dec 2008 11:01:53 -0800 http://www.answerbag.com/a_view/4840542 http://www.answerbag.com/a_view/4630779 Can DNA be requested in discovery documents<br /><br />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... Tue, 18 Nov 2008 13:09:36 -0800 http://www.answerbag.com/a_view/4630779 http://www.answerbag.com/a_view/4630713 How do I find out what date a Ohio revised code was first put into effect?<br /><br />The code itself (a full version, not an abbreviated one) should have enacted dates, as well as the dates of any modifications. Tue, 18 Nov 2008 13:01:54 -0800 http://www.answerbag.com/a_view/4630713 http://www.answerbag.com/a_view/4630700 Can the HOA force you to pay for cable tv if you do not want it<br /><br />Your CC&amp;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?... Tue, 18 Nov 2008 13:00:56 -0800 http://www.answerbag.com/a_view/4630700 http://www.answerbag.com/a_view/4630669 Should prosecutors allow political and personal factor influence the court system or should all criminals be treated the same?<br /><br />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&#039;re pandering to the voters. In a... Tue, 18 Nov 2008 12:57:56 -0800 http://www.answerbag.com/a_view/4630669 http://www.answerbag.com/a_view/4578116 If your 17 do you have to go to court with a parent for a MIP<br /><br />If you are being prosecuted under the juvenile court system, then yes, you need to bring a parent or legal guardian with you. Thu, 13 Nov 2008 14:31:43 -0800 http://www.answerbag.com/a_view/4578116 http://www.answerbag.com/a_view/4578065 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?<br /><br />It depends. If you were arrested and booked, it&#039;s likely your fingerprints were taken. That&#039;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 &quot;factual... Thu, 13 Nov 2008 14:28:03 -0800 http://www.answerbag.com/a_view/4578065 http://www.answerbag.com/a_view/4578036 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.<br /><br />**consult your local state/city laws to verify this general information** The short answer is no, you don&#039;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... Thu, 13 Nov 2008 14:25:52 -0800 http://www.answerbag.com/a_view/4578036 http://www.answerbag.com/a_view/4577963 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?<br /><br />Most likely. I assume part of the husband&#039;s income went toward the payment on the mortgage. Because he contributed to the mortgage, he has in essence &quot;invested in&quot; the house. He would be entitled to a portion of any increase in value of the home for the duration of the marriage.... Thu, 13 Nov 2008 14:18:48 -0800 http://www.answerbag.com/a_view/4577963 http://www.answerbag.com/a_view/4577930 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<br /><br />Chances are very good that he&#039;ll win in court. The prosecution must prove beyond a reasonable doubt the charge of reckless driving. They&#039;ll have to produce credible witnesses to testify. First - if they can&#039;t produce the person who claims to have seen the reckless driving (and... Thu, 13 Nov 2008 14:16:00 -0800 http://www.answerbag.com/a_view/4577930 http://www.answerbag.com/a_view/4577882 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<br /><br />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 &quot;lascivious exhibition&quot; if it is designed to excite, arouse or appeal to the sexual stimulation of the viewer.... Thu, 13 Nov 2008 14:11:08 -0800 http://www.answerbag.com/a_view/4577882 http://www.answerbag.com/a_view/4577780 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.<br /><br />I agree with &quot;anonymous&quot; - there&#039;s something missing from your story. Just being a passenger doesn&#039;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&#039;re in. Sentences... Thu, 13 Nov 2008 14:02:20 -0800 http://www.answerbag.com/a_view/4577780 http://www.answerbag.com/a_view/4577732 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<br /><br />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... Thu, 13 Nov 2008 13:58:04 -0800 http://www.answerbag.com/a_view/4577732 http://www.answerbag.com/a_view/4577693 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?<br /><br />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 &quot;permanent&quot; restraining order, which must happen within 15 days unless good cause is shown). So - it will... Thu, 13 Nov 2008 13:54:53 -0800 http://www.answerbag.com/a_view/4577693 http://www.answerbag.com/a_view/4576632 What are the 6 ways a case can reach the supreme court?<br /><br />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 &quot;certify&quot; that a legal question... Thu, 13 Nov 2008 12:01:58 -0800 http://www.answerbag.com/a_view/4576632 http://www.answerbag.com/a_view/4558502 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?<br /><br />Yes, it is. Your contract most likely has a &quot;no cooling off period&quot; (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... Tue, 11 Nov 2008 15:46:25 -0800 http://www.answerbag.com/a_view/4558502 http://www.answerbag.com/a_view/4558267 If you are common law married can you legally marry someone else without getting a divorce from common law spouse?<br /><br />While some states recognize a &quot;common law&quot; marriage, there is no such thing as a &quot;common law divorce.&quot; 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... Tue, 11 Nov 2008 15:19:40 -0800 http://www.answerbag.com/a_view/4558267 http://www.answerbag.com/a_view/4558189 If someone had a No Contact order with Their wife can she still talk if she calls where their at.<br /><br />The short answer is no. If the order from the court is a complete &quot;no contact&quot; order, the person subject to the restraining order cannot have any contact with the &quot;protected person.&quot; This is true, even if the protected person initiates the phone call or comes over. ... Tue, 11 Nov 2008 15:11:31 -0800 http://www.answerbag.com/a_view/4558189 http://www.answerbag.com/a_view/4558102 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?<br /><br />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&#039;s not up to the victim to press charges. They might put pressure on the prosecutor, but ultimately, it&#039;s the prosecutor&#039;s... Tue, 11 Nov 2008 15:02:22 -0800 http://www.answerbag.com/a_view/4558102 http://www.answerbag.com/a_view/4558072 When you are set for trial and you take a plea, when do they take you into custody to start doing your time?<br /><br />It depends on several things - what were you charged with, what are the terms of the plea deal and what is the judge&#039;s position. Some judges do not allow you to remain out once you&#039;ve plead guilty to a crime. If you&#039;ve entered into a plea bargain with the prosecution, they... Tue, 11 Nov 2008 14:58:57 -0800 http://www.answerbag.com/a_view/4558072 http://www.answerbag.com/a_view/4558046 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<br /><br />If a runaway or missing persons report is filed, you&#039;ll be in the system as a runaway. If you&#039;re contacted by law enforcement or anyone that has access to the database, you&#039;ll be identified as a runaway. The police are obligated to return you back to your legal guardian, undoing... Tue, 11 Nov 2008 14:55:34 -0800 http://www.answerbag.com/a_view/4558046 http://www.answerbag.com/a_view/4558022 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?<br /><br />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 &amp; bars - it depends on the club. Some will exclude anyone under 21 while other... Tue, 11 Nov 2008 14:53:27 -0800 http://www.answerbag.com/a_view/4558022 http://www.answerbag.com/a_view/4556025 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?<br /><br />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 Tue, 11 Nov 2008 11:38:50 -0800 http://www.answerbag.com/a_view/4556025 http://www.answerbag.com/a_view/4556008 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?<br /><br />If you&#039;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... Tue, 11 Nov 2008 11:36:58 -0800 http://www.answerbag.com/a_view/4556008 http://www.answerbag.com/a_view/4555985 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?<br /><br />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 &quot;unseal&quot; or disclose the information... Tue, 11 Nov 2008 11:32:51 -0800 http://www.answerbag.com/a_view/4555985 http://www.answerbag.com/a_view/4555953 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?<br /><br />They&#039;re evidence and &quot;proof&quot; for the police in determining whether or not to arrest as well as &quot;proof&quot; 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... Tue, 11 Nov 2008 11:28:00 -0800 http://www.answerbag.com/a_view/4555953 http://www.answerbag.com/a_view/4555921 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?<br /><br />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 &quot;go away&quot;? Contact the district attorney&#039;s office and let them know you&#039;re not interested in pursuing... Tue, 11 Nov 2008 11:23:54 -0800 http://www.answerbag.com/a_view/4555921 http://www.answerbag.com/a_view/4538823 What is the punishment for harboring a fugitive<br /><br />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 &amp; abet (encourage, facilitate or assist) in the commission. For... Sun, 09 Nov 2008 18:01:10 -0800 http://www.answerbag.com/a_view/4538823 http://www.answerbag.com/a_view/4538731 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?<br /><br />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... Sun, 09 Nov 2008 17:52:30 -0800 http://www.answerbag.com/a_view/4538731 http://www.answerbag.com/a_view/4447971 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?<br /><br />The scenario you describe sounds like it falls under California Penal Code section 452. It is a &quot;wobbler&quot; (a crime that can be charged as either a felony or a misdemeanor) to unlawfully cause a fire of a structure or &quot;forest land&quot;. See Penal Code section 452(c). Just... Fri, 31 Oct 2008 11:29:15 -0700 http://www.answerbag.com/a_view/4447971 http://www.answerbag.com/a_view/4447921 Is it legal in the state of California for a 16 yr old to date a 23 yr old<br /><br />I agree with the answer by Wide Awake Phoenix for Nelson, but I&#039;ll add something else... it&#039;s not just sexual intercourse that&#039;s illegal. Oral copulation (Penal Code section 288a), sodomy (Penal Code section 286) and &quot;sexual penetration&quot; (Penal Code section 289) all have... Fri, 31 Oct 2008 11:23:30 -0700 http://www.answerbag.com/a_view/4447921 http://www.answerbag.com/a_view/4420517 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?<br /><br />Kidnapping involves taking someone &quot;against their will&quot; (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. Tue, 28 Oct 2008 15:56:54 -0700 http://www.answerbag.com/a_view/4420517 http://www.answerbag.com/a_view/4420489 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<br /><br />Most states and counties have standard bail schedules - depending on the crime or crimes you are charged with, that&#039;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&#039;t say if it&#039;s &quot;too... Tue, 28 Oct 2008 15:54:42 -0700 http://www.answerbag.com/a_view/4420489 http://www.answerbag.com/a_view/4407396 What recousre can a convicted murderer have after being sentenced by the supreme court<br /><br />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&#039;s supreme court and if there are substantial Constitutional issues, an appeal can be taken to the US Supreme Court.... Mon, 27 Oct 2008 11:38:33 -0700 http://www.answerbag.com/a_view/4407396 http://www.answerbag.com/a_view/4407340 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?<br /><br />In order to be in violation of a restraining order, a person has to act willfully or knowingly. Let&#039;s say for example, the order says he&#039;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... Mon, 27 Oct 2008 11:33:17 -0700 http://www.answerbag.com/a_view/4407340 http://www.answerbag.com/a_view/4407274 Does the defendant and the victim and the witneses have to put there hand on the bible and swear?<br /><br />In some jurisdictions, that is still practiced. It&#039;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 &quot;Do you solemnly swear or affirm that the... Mon, 27 Oct 2008 11:28:38 -0700 http://www.answerbag.com/a_view/4407274 http://www.answerbag.com/a_view/4399339 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?<br /><br />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... Sun, 26 Oct 2008 16:22:37 -0700 http://www.answerbag.com/a_view/4399339 http://www.answerbag.com/a_view/4378546 What is the punishment if an officer commits purgery?<br /><br />You don&#039;t state which jurisdiction you&#039;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. Fri, 24 Oct 2008 13:19:32 -0700 http://www.answerbag.com/a_view/4378546 http://www.answerbag.com/a_view/4378516 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<br /><br />Here&#039;s some good information about statutory rape in California. http://www.joedane.com/faq/what-is-statutory-rape/ Your question says it&#039;s sex with a minor under 14. That depends on what the age of consent is in your state. Check here:... Fri, 24 Oct 2008 13:15:58 -0700 http://www.answerbag.com/a_view/4378516 http://www.answerbag.com/a_view/4368426 After being arrested how long does da have to press charges<br /><br />It depends on the state and whether it&#039;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... Thu, 23 Oct 2008 14:38:07 -0700 http://www.answerbag.com/a_view/4368426 http://www.answerbag.com/a_view/4367588 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?<br /><br />I speak gibberish. Allow me to translate: This situation starts in West Virginia - my Daughter&#039;s good-for-nothing boyfriend signed his car to her. He&#039;s an irresponsible tool and his operator&#039;s license was revoked. After they broke up (and I rejoiced that she dumped this... Thu, 23 Oct 2008 13:12:28 -0700 http://www.answerbag.com/a_view/4367588 http://www.answerbag.com/a_view/4367323 When can a suspect revoke consent to search?<br /><br />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&#039;re too late and try to withdraw it after they see something, but don&#039;t have their hands on it yet, they can still seize the... Thu, 23 Oct 2008 12:45:37 -0700 http://www.answerbag.com/a_view/4367323 http://www.answerbag.com/a_view/4367163 When is a couple considered married in the eyes of California Law?<br /><br />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 &quot;common-law&quot; marriage in California. Thu, 23 Oct 2008 12:30:36 -0700 http://www.answerbag.com/a_view/4367163 http://www.answerbag.com/a_view/4366840 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.<br /><br />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. ... Thu, 23 Oct 2008 11:59:51 -0700 http://www.answerbag.com/a_view/4366840 http://www.answerbag.com/a_view/4345465 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<br /><br />The book you&#039;re looking for is on Amazon.com http://www.amazon.com/Mel-Liz-Berry/dp/0140365346/ref=sr_1_6?ie=UTF8&amp;s=books&amp;qid=1224631481&amp;sr=1-6 Tue, 21 Oct 2008 16:25:44 -0700 http://www.answerbag.com/a_view/4345465 http://www.answerbag.com/a_view/4345107 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?<br /><br />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&#039;re fine. Tue, 21 Oct 2008 15:55:06 -0700 http://www.answerbag.com/a_view/4345107 http://www.answerbag.com/a_view/4345056 Has anyone been called for jury duty and gotten excused because they were self employed and couldn't afford to lose ANY income?<br /><br />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... Tue, 21 Oct 2008 15:51:21 -0700 http://www.answerbag.com/a_view/4345056 http://www.answerbag.com/a_view/4331439 What are there any laws in the state of California about carrying a pocket knife?<br /><br />Unless you&#039;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 &quot;dirk or dagger&quot; CONCEALED on your... Mon, 20 Oct 2008 11:30:10 -0700 http://www.answerbag.com/a_view/4331439 http://www.answerbag.com/a_view/4331280 How long after consuming alcohol doe it take to blow 0.00 on a pbt test<br /><br />Each person is a little different, but on average, a person will &quot;burn off&quot; 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&#039;s blood alcohol level by 0.02%, you can do the math.... Mon, 20 Oct 2008 11:16:11 -0700 http://www.answerbag.com/a_view/4331280 http://www.answerbag.com/a_view/4325340 Is life insurance econsidered part of an estate?<br /><br />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. Sun, 19 Oct 2008 18:53:42 -0700 http://www.answerbag.com/a_view/4325340 http://www.answerbag.com/a_view/4325290 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?<br /><br />I recently answered a similar question - in general without an arrest and booking, it will not show up on your criminal record. I don&#039;t know who you&#039;re applying for a job with - it&#039;s possible they&#039;re doing something in addition to just running your &quot;rap sheet&quot; to... Sun, 19 Oct 2008 18:48:16 -0700 http://www.answerbag.com/a_view/4325290 http://www.answerbag.com/a_view/4325250 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.<br /><br />There&#039;s really not a &quot;sealing&quot; 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... Sun, 19 Oct 2008 18:42:51 -0700 http://www.answerbag.com/a_view/4325250 http://www.answerbag.com/a_view/4277387 Any lawyers willing to take a medical malpractice case? I can't freakin find one.<br /><br />There are many medical malpractice attorneys out there. If you&#039;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... Tue, 14 Oct 2008 15:43:13 -0700 http://www.answerbag.com/a_view/4277387 http://www.answerbag.com/a_view/4277275 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?<br /><br />Receiving (or possessing) stolen property is covered in Penal Code section 496(a). It&#039;s what&#039;s known as a &quot;wobbler,&quot; 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... Tue, 14 Oct 2008 15:32:49 -0700 http://www.answerbag.com/a_view/4277275 http://www.answerbag.com/a_view/4258484 Has anyone who's taken a lot of extacy have a messed up jaw?<br /><br />Ecstasy (X or MDMA) is an analog of methamphetamine and is chemically related. It&#039;s a stimulant and one of the side effects is bruxism (grinding of the teeth). That&#039;s why you&#039;ll see a lot of people at raves with pacifiers - it gives them something to bite down on. A person... Sun, 12 Oct 2008 15:58:37 -0700 http://www.answerbag.com/a_view/4258484 http://www.answerbag.com/a_view/4258422 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?<br /><br />It sounds like you signed a trespass admonition. Essentially, Walmart doesn&#039;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... Sun, 12 Oct 2008 15:49:37 -0700 http://www.answerbag.com/a_view/4258422 http://www.answerbag.com/a_view/4258409 Do pending criminal charges in CA show up on an employment background check?<br /><br />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... Sun, 12 Oct 2008 15:46:32 -0700 http://www.answerbag.com/a_view/4258409 http://www.answerbag.com/a_view/4236701 What are the name of the plastic handcuffs that have zip ties and can be cut with a scissors?<br /><br />I&#039;ve also heard them called Flexi-cuffs. Thu, 09 Oct 2008 22:13:02 -0700 http://www.answerbag.com/a_view/4236701 http://www.answerbag.com/a_view/4236695 How long do the police have to charge you with assault<br /><br />You don&#039;t specify which jurisdiction you&#039;re in, so my answer is based on California law as a guideline. If it&#039;s simple assault (a misdemeanor), the statute of limitations is one year. If it&#039;s a felony (&quot;aggravated assault&quot;), the statute of limitations is three... Thu, 09 Oct 2008 22:12:20 -0700 http://www.answerbag.com/a_view/4236695