John M. Kaman’s Answers

John M. Kaman

San Francisco Criminal Defense Attorney.

Contributor Level 20
  1. Should families of victims be allowed to decide the punishment of those who commit crimes

    Answered over 5 years ago.

    1. John M. Kaman
    1 lawyer answer

    If families of victims or even victims were allowed to choose the punishment there is a strong possibility that they would act out of revenge or bias. Our laws are supposed to be neutral and to afford everyone the right to due process. Giving the victim the final say on punishment would not do this. BTW, are you aware that juries do not decide the punishment? Juries decide the facts and then the judge imposes punishment which is usually specified by some law. In other words the judge does...

    2 lawyers agreed with this answer

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  2. Criminal defense

    Answered 9 months ago.

    1. John M. Kaman
    2. David Patrick Vaughn
    3. Dan Eugene Chambers
    4. Joel W. Bailey
    5. Andrew Stephen Roberts
    6. ···
    9 lawyer answers

    The SOL should be 3 years from the incident (felony grand theft). Therefore you can't be prosecuted even if you admitted to the crime on a polygraph.

    19 lawyers agreed with this answer

  3. Can a LAPD officer tell me that he is arresting me for being in the US army? I want to file a lawsuit against the LAPD

    Answered over 1 year ago.

    1. John M. Kaman
    2. Leigh Gretchen Fleming
    3. Michael Korry Bialys
    4. Tai Christopher Bogan
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    You were arrested for a DUI, not for being in the Army. I have no idea about why they would let you go with a warning. If your BAC is .08 or above they have no choice but to arrest you.

    19 lawyers agreed with this answer

  4. What is difference between "Acquittal" and "Not found guilty" in DV cases ?

    Answered about 1 year ago.

    1. John M. Kaman
    2. Izaak David Schwaiger
    3. James E Dunn
    4. Michael Moshe Levin
    5. Vijay Dinakar
    6. ···
    7 lawyer answers

    Acquitted and not guilty mean the same thing: that the state has not met its burden of proof. Neither is an indication of innocence. Practically speaking however acquitted or not guilty will be regarded by most people and employers as an exoneration of the charges.

    16 lawyers agreed with this answer

  5. Criminal Defense case jury trial and case outcomes

    Answered over 1 year ago.

    1. John M. Kaman
    2. Christopher A. Dove
    3. James Brian Campbell
    4. Jordan S Cunningham
    4 lawyer answers

    PC 851.6 only applies to a person who has been arrested and released without an accusatory pleading being filed. If you had a trial there was an accusatory pleading. Your only shot would be 851.8 which under the facts you recite you wouldn't get. There is also a downside of an 851.8 petition if you lose because then you will have created a public record that while you were dismissed you were NOT innocent. Absent the petition the whole procedure from arrest to acquittal is published only in...

    15 lawyers agreed with this answer

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  6. Can you leave the country with a warrant

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. Mark Lawrence Deniz
    3. John M. Kaman
    4. Michael Kevin Cernyar
    5. Andrew Stephen Roberts
    6. ···
    6 lawyer answers

    If you are a citizen you should be able to return despite the warrant but it would be better to hire an attorney to get it cleared up. If you were not a citizen of Canada the open case would keep you out of the country.

    15 lawyers agreed with this answer

  7. Adoptive admission by silence during a traffic stop

    Answered over 1 year ago.

    1. John M. Kaman
    2. Michael Raymond Daymude
    3. David Philip Shapiro
    4. Joshua Sachs
    5. Andrew Stephen Roberts
    5 lawyer answers

    IMHO this is not an adoptive admission. The cop asked you a question which could have been answered yes or no or, as you chose to do, not at all. You do not have to answer the cops obviously incriminating questions. The fact that you did not is not the same thing as an admission.

    15 lawyers agreed with this answer

  8. Can I use video evidence to defend myself if my felony case goes to trial?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Jared Christian Winter
    3. Tai Christopher Bogan
    4. Douglas Holbrook
    5. Linda Charman Hayes
    5 lawyer answers

    Your evidence can be admitted at trial with a proper foundation. To understand what that means you really need a lawyer. At preliminary hearing the defense is limited to affirmative defenses. I've always wondered what exactly this meant and if it limits the defense from directly contradicting the victim's evidence. As a tactical matter your attorney may not wish to show his hand at this stage. As for your attorney you should be asking him these questions, not a stranger on the Internet.

    15 lawyers agreed with this answer

  9. Rights of defendant in a criminal felony jury trial? When a defendant goes to trial on a criminal felony and the jury comes back

    Answered over 2 years ago.

    1. John M. Kaman
    2. Vincent Ronald Ross
    3. Ryan James Tegnelia
    4. Charles Kevin Stoddard
    5. Andrew Blair Leventhal
    6. ···
    6 lawyer answers

    In fact there are only two verdicts: guilty and not guilty. What you describe is a jury that cannot reach a verdict. In such cases, the judge is almost always able to talk them into further deliberations. However when they stand rock solid and say "no more"the judge will accept the that the jury is deadlocked, send them home and declare a mistrial.

    15 lawyers agreed with this answer

  10. I want to know if you could still appeal a voluntary manslaughter case after taking a plea bargain?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Gilberto Benito Vega
    3. Seth Andrew Weinstein
    4. Joseph Salvatore Farina
    4 lawyer answers

    He has to first make a motion to withdraw his plea. That motion must be based on some constitutional defect in the plea. If the Court lets him change his plea then he is back where he started facing a voluntary manslaughter charge. If the Court doe not allow him to change his plea he can then file an appeal but it will only be considered if the judge that denied his motion certifies his appeal. If the judge refuses to certify then the only thing he can do is take a writ to compel the judge...

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