Skip to main content
John M. Kaman
Avvo
Pro

John Kaman’s Answers

14,621 total


  • What Can Be Done About This? (Complicated Case)

    I have a family member who is in jail right now, and he has a previous criminal record with one pending now. This case has a few issues, and possibility of deportation is involved. Because of the sensitive nature of this case; I prefer to disc...

    John’s Answer

    It is wise not to post details here. Choose a lawyer or lawyers from this site to interview by using the find a lawyer tab at the top right side of this page. Your city is chock full of lawyers who would love to help you.

    See question 
  • Being told they can't find a state law to charge her with and that we need to purse someone in federal law? How?

    How do we go about this? What happened is my husband's exwife hid a voice recorder in their daughter's stuffed animal. He found it. Police were called. Pictures were taken. A report was filed. Do we need a lawyer that deals with federal law??

    John’s Answer

    Federal prosecutors are far to busy to be concerned about a case like this. You may want to hire a local attorney to make sure this harassment stops but in my opinion this is a family law question which does not implicate criminal law (even if the recording was illegal in your state).

    See question 
  • Does it make a difference to have a criminal lawyer or the public defender office when trying to get a felony expungement

    I have an expungable felony on my record that I badly need taken off for job advancement but I cautious of you I should have help me with the process my funds are limited and Im not sure if it makes a big difference with a public defender or a pai...

    John’s Answer

    Mr. Finnecy brings up an important point. But even so I stand by the answer I posted when you asked this question a second time. Using the PD will most likely involve delay. If you want speedy relief hire a private attorney.

    See question 
  • Does it make a difference to have a criminal lawyer or the public defender office when trying to get a felony expungement

    I have an expungable felony on my record that I badly need taken off for job advancement but Im cautious of who I should have help me with the process my funds are limited and Im not sure if it makes a big difference with a public defender or a pa...

    John’s Answer

    It makes no difference if time is not a concern. PD offices are often backed up by such requests and you may have to wait 6 months or so for your case to be heard. If you want quicker action you should hire a private attorney.

    See question 
  • After getting stab in my home the accuser was released from p o office after testing positive for cocaine

    Accuser has been on probation for 2 years /

    John’s Answer

    There's no question and what you have written is unclear. Who got stabbed? How did this person get into your home? You should contact an attorney in your state if you are concerned about how the prosecution is being handled.

    See question 
  • This is about dating. A 20 year old girl is dating a 16 year old guy. Can the girl go to jail for that?

    It's sad because she lives in california and i live in maryland. But are their any legal issues if we have sex or anything? And she said she kinda does not want to date me because I'm so young only because she fears she will go to jail. So can we ...

    John’s Answer

    You have asked this question before and it was properly answered by CA attorneys. Asking again won't change the answer. In CA the age of consent is 18 so if you had sex here she could be prosecuted. I am not a MD lawyer so I can't speak to that issue. Even if the age of consent is 16 there, it is possible that there are other statutes punishing sexual conduct with a minor. You should ask a MD attorney.

    See question 
  • For over 31 years the State of California had me listed as a child molester. There was a typo in the penal code. do I have a cas

    I was charged with 288(d). The (d) was left off, which labeled as a child molester. For over 30 years I lived with threats, got into physically altercations. family had to move out of state. can not find employment. Name is illegally on Megan's we...

    John’s Answer

    PC 288(d) is not now a charge but a provision given the DA authority to take constitutional actions to protect child victims. 288(d) may have existed in another form 31 years ago. My question to you is why you have not done something about this before now if indeed it is a mistake? Whether you have grounds for a lawsuit would be best answered by a civil rights attorney, On this forum we are criminal defense attorneys.

    See question 
  • Sales and transportation charge but no drugs found

    My boyfriend was recently arrested .. He is now in custody at the vista detention... I spoke with his public defender and she told me he was arrested for transportation and sales for over 14grams of heroen. At the time of his arrest he was not in ...

    John’s Answer

    I agree with my colleague that there is probably much more evidence than you think. Your bf's being on federal probation does not help matters and could result in a violation of that probation.

    See question 
  • Supposedly sealed transcripts of Marsden Motion hearing were included in trial transcripts. Is this a Mistrial?

    My daughter asked for a Marsden hearing during her misdemeanor trial because she felt her public defender was not prepared. The court made everyone leave the room and the records were supposed to be sealed and confidential, but the court reporter ...

    John’s Answer

    Although an error was made in including the Marsden hearing transcripts in the trial transcripts I cannot see how this prejudiced the defense. The presence of these transcripts does not mean the jury saw them or considered them in their verdict. Your daughter's attorney should move to have these records sealed to insure their confidentiality in the future.

    See question 
  • Can the courts make you register as a sex offender if you do not have a sex offence crime at all on your adult record?

    i had an attempted aggregated assault in 2011, i was a juvenile at the time and charged as an adult. i was in the juvenile system for a sex offence. when i was transferred to adult court for the F6 assault they gave me 3 years of sex offense prob...

    John’s Answer

    One answer is that you will find out when your PO takes you to court. It does sound like you were charged with a sex offense and got 3 years probation for it. That probably triggered a life long registration obligation. If you are now on probation as a result of a murder charge you have much bigger problems to deal with than whether or not to register.

    See question