criminal justice student
No. If a driver does not violate the law, the officer cannot make a traffic stop. Whren v. United States (1996) 517 U.S. 806. Even if such driving were deemed unusual, an officer may not make a traffic stop simply based upon unusual driving. Taylor v. DMV (1995) 36 Cal.App.4th 812 (the officer’s subjective belief that a suspect’s driving is unusual is insufficient to support a traffic stop).See question
The arrest warrant is for a PC273A offense and it is marked for domestic violence as a misdemeanor. I have sole custody for two children and the CPS case that was opened was closed as inconclusive. I spoke to the family violence detective once aft...
Go to court and ask to have the matter seen by a judge. If you go to court early in the morning, you may be able to have it handled that day. Ask for "own recognizance" release and if this is not granted, ask for a pubic defender to help you.See question
I HAVE TWO CHARGES BOTH ARE MISDEMEANOR.SIMPLE BATTERY CHARGE 25 YEARS AGO.SIMPLE BATTERY CHARGE 8 YEARS AGO.
Talk to your attorney on the last charge. You may have to pull the minute order or docket report on each to read it. It may say in black and white whether you can own a gun.See question
A relative of mine was arrested by the Feds a couple years ago, got sentenced to a year and a day and 6 years supervised release. He has been out for about a year and a half and has been messing up. He failed a handful of drug tests and got put in...
It matters quite a bit on how he is caught and why. If he is caught buying drugs from a cop or caught being involved in a robbery, that will make a difference.See question
If victim was threatened with stun gun during robbery, can one be charged with 211 PC robbery and 244.5 PC assault with stun gun at the same time? Or should the charge just be robbery as assault may be considered a lesser included crime in robbery?
Both charges can be alleged under the facts you provide. The 244.5 is not a necessary element of 211.See question
A felony complaint was sworn in front of a deputy district attorney FOR someone else. Where in the body of law is this allowed?
It the Deputy DA delegates this authority or ability to someone else, such as another DA, it is probably OK. I would focus much, much more on defeating the charges, rather than a technicality like this that may matter as much as whether the actual crime took place, there is an alibi, etc.See question
DONT TELL ME TO GET A LAWYER I JUST WANT ANSWERS PLEASE, if a minor said he was 18 instead of his real age, 17,when he got a ticket in California what is the worst that could happen and the most likely consequence for him lying? please just tell ...
What happened is the juvenile gave false information to a police officer. The best thing that can happen is no charges are filed at all and there is not even pre-filing diversion for him. The worst thing that might happen is, depending upon his prior record and other circumstances, he may face some time in custody. How much time is going to depend upon the circumstances overall of the case and his history.See question
He has had consistent employment since then. He has stayed out of trouble and just hasten had the money to try to remove this felony from his record. He is always honest on job applications about it.
He can certainly try, but whether or not he will be hired is up to the post office, not some law. Good luck to him.See question
He's charged with M PC 466, M PC 496(A), M HS 11377(A) he waived time last week so trial date set for April 2016. he wants to revoke his time waiver, how? Theyoffered to drop 466 in return for plea on other chrgs. he just wants the items returned ...
Your friend should talk to his attorney a bit more. He probably can enter a plea at any time. He can also ask to have his property returned under Penal Code section 1538, but his plea may include that the items are surrendered. Your friend should just talk more with his attorney.See question