Skip to main content
Darrell Jon York

Darrell York’s Answers

112 total


  • Hi my question is how can i find out about

    police officer protocol . i want to no the laws on what police officer are allowed to do and what would be consider police misconduct

    Darrell’s Answer

    There are numerous things they can and can't do. The Penal Code sets forth the police officer powers and then there is case law that can limit what they do and then there is the police agencies own department policy. Too many situations to answer in this forum. You should find a book on introduction to criminal justice or something similar and that will give you a pretty good idea.

    See question 
  • What are the penalties for citation for contributing to the delinquency of a minor,

    My son who is 20 got citation for contributing to the delinquency of a minor. He and the minor were smoking marijuana in his car. It is cited as misdemeanor and the disposition is arrest. I need advice how to handle this correctly.

    Darrell’s Answer

    The penalties for contributing to minor (272 PC) are fine not to exceed $2,500 or up to one year in the county jail. He may also get straight probation for a period not exceeding five years. That is what the statute specifies, more than likely, if he is convicted it will be a minimal sentence. He needs counsel so if he can't afford an attorney he will be appointed a public defender.

    See question 
  • How do i find out the charge of an inmate in Los Angeles County Jail?

    I need to know the exact charges of an inmate detained in LA county jail. He has 2 cases: His first case number is: 1CA5xxxxxx and his second case number is: SA08xxxxxx.

    Darrell’s Answer

    Go online to the inmate locator on the LASD.org website and pull up the inmate. Click on the case number and sometimes the charges are listed, other times they are not. If they are not, you can go to the courthouse where the case is pending and pull the court file and review it. You can also visit the Los Angeles County court website and try and look him/her up in the criminal defendant index. Or easier yet, just ask his atttorney.

    See question 
  • I just got a phone message from a DEA agent asking me to call him. Could it be for ordering meds online 5 yrs ago?

    The website had a health questionnaire that was supposed to be submitted to a MD. I think it was even called legal online prescriptions.

    Darrell’s Answer

    You should probably have an attorney give the DEA a call to see what he wants. I would not make any statements to the DEA or any police agency, especially since you don't know what this is about.

    See question 
  • Can I have my probation decreased?

    I had my 2nd DUI back in 6/09, and since then have completed everything from community service, DUI classes, AA classes and have paid all fines associated, along with having my IID recently taken out after having it in for 2 years. Since then, my...

    Darrell’s Answer

    You will need to file a motion for early termination of probation and I suggest you hire an attorney for this. Whether or not the motion will be granted is another thing and it varies by court to court. If there is a compelling reason and you have served at least 1/2 of the probation, and you have completed everything and paid all fines and fees, the court is more likely to grant the motion. Good luck.

    See question 
  • How many days of car rental or loss of use am i entitled to?

    California: The driver at fault insurance company accepted liability about a week ago (march 27). My car is declared total loss. It has been a month since my car is not safely drivable. When i inquire about car rental, the car insurance company on...

    Darrell’s Answer

    You are entitled to the out of pocket cost for the use of rental car from the time the car is not operable (or in the shop) until the repairs are complete. Since the car is a total loss, you should be entitled to the rental car from the time of the accident until they cut you a check for your car. If you were injured in the collision, I suggest you contact an attorney.

    See question 
  • Does reduced child visitation affect alimony?

    my daughter does not want to visit with me on my weekends and im tired of forcing her. i currently only have 1st and 3rd weekends per year, about 17% i want to give her the choice of coming when she wants, will that affect my guidline child suppor...

    Darrell’s Answer

    Child Support is calculated based on the parents income and time share. If your visitation time is reduced your child support will increase. Child support and spousal support (alimony) are too separate issues.

    See question 
  • What to expect at Civil Restraining Order hearing?

    I have no attorney, I know defendant has an attorney. I know he is claiming self defense, but all witness and wounds I received indicate I was not the aggressor. Will his attorney ask me questions? What can I do to prepare? I feel my "ducks are in...

    Darrell’s Answer

    • Selected as best answer

    You are going up against a professional. Would you perform surgery on yourself?? Hire an attorney. If you lose, the court may award the other party attorneys fees. I had that same issue come up where the other party sought a restraining order against my client. They did not have an attorney and had no idea what they were doing. The court did not issue the restraining order and I asked for attorneys fees and the court granted my client the fees.

    See question 
  • How to subpoena witness to assault?

    I was assaulted, I have Civil Restraining Order hearing in less than 2 weeks. Witnesses refuse to get involved. Question, can I have a physically disabled person give a statement to Nortary Public to provide at hearing? Originally, court clerk sai...

    Darrell’s Answer

    • Selected as best answer

    You need to have the clerk issue a subpoena for the witness to appear and then have them served by a process server or non involved party. You then need to file the proof of service with the court. If they do not appear the court can issue a warrant for them to appear in court. If you have an attorney, an attorney can issue a subpoena and does not have to go through the court clerk. Subpoena does not have to be served 21-30 days prior to the court hearing. You should really hire counsel on a civil restraining order because if you prevail the court can award attorneys fees and if you lost the other party can be awarded attorneys fees if they hired one to defend the action.

    See question 
  • Can a parent be denied the opportunity to see their children?

    I was recently arrested on a charge of 273.5 PC. This is the first time that I have ever had any incident occur and I regret that it may have. I have not spoken with my spouse since the incident but miss my children greatly. At the time, I was ...

    Darrell’s Answer

    Since there is no restraining or protective order in place you should be able to see your children. If your spouse is denying you visitation your only option is to go into family law court and see an order for visitation and this procedure is called an Order to Show Cause. However, it is unlikely a family law judge will give you UNMONITORED visits due to the pending criminal case.

    See question