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John M. Kaman
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John Kaman’s Answers

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  • Is it a violation of CA state law to secretly tape a meeting between officers of an organization and a member of the organizat

    The meeting, involving three adults, was called by the president of the organization's board of directors. He and the board secretary recorded (using an audio recording device) the meeting without the knowledge of the member of the organization c...

    John’s Answer

    California requires that all parties to a conversation agree to its being recorded.

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  • Is it possible for a defendants case be over turned if the only key witness retracts his statement 10 year later?

    A witness in a trial is now advising 10 years later that he was placed under severe pressure when providing a statement. He is now wanting to come forward and provide an accurate to an attorney. What measure will this weigh on the case seeing as h...

    John’s Answer

    That the sole witness retracts his statement at trial 10 years later means next to nothing in the eyes of an appellate court. It only gives rise to the question of whether he was lying at trial or he is lying now.

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  • Can the DA use juvenile record?

    Can the DA use juvenile records when recommending a criminal sentence for a defendant that is now 30?

    John’s Answer

    Yes and that's true even if the records have been "sealed."

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  • Was arrested for petty theft and missed my court date. It's been over a month, how do i fix this without going to jail?

    I'm 25 and have a CA LICENSE which I don't know if it is suspended because of my missed court date. It was petty theft at a local Home Depot store

    John’s Answer

    Your CA license is not suspended at least not because of the charge or your FTA. Both the charge and the FTA are misdemeanors so you need a lawyer to help you out. If you're down and out ask for the PD.

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  • Shoplifting / commercial burglary at Wal-Mart in santa clarita

    I was caught shoplifting like two hundred dollars worth of merchandise on my way out I seen the that the cigarretes were on display shelf in one of the isles so I grabbed 3 boxes of cigarette so the police officer who arrested me said I was being ...

    John’s Answer

    If you've been through the system once you should know how it is. Your first appearance will be an arraignment at which you should plead not guilty and ask for a court appointed lawyer. After that the lawyer can guide you. I doubt this is a juvenile law question if you've been to prison and completed parole in 2010.

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  • How late can police pursue stalking charges?

    Couple of years back, I met a girl. Due to lot of emails from me, she filed a complaint but police though questioned me did not pursue charges. Now I met another girl. Similar events happened, and she also filed police complaint. Police questio...

    John’s Answer

    A violation of PC 646.9 could be very serious and even entail sex offender registration if it is egregious enough. On a felony conviction you are looking at 16 months to 5 years in state prison. Can an uncharged similar offense be used against you? The answer is yes in several ways. First of all if you were not prosecuted in the first case the second may convince the DA that something needs to be done to restrain you. Secondly while generally habit evidence cannot be used to prove you committed a crime it can be used to prove motive, intent and various other elements of the new charge. I do not believe, however, that your pattern of behavior would result in a sentencing enhancement.

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  • 72 hours for arraignment?? Not!!

    Arrested and taken to jail on prob cause for crim mischeif2 when my brother called cops after he and I were arguing, and his windshield wiper got broken. Released next day, signing agreement for court date 32 days later for ARRAIGNMENT! Didn'...

    John’s Answer

    My colleague from New York got this right. If you are out of custody the arraignment can be set months out, although it's usually 4-6 weeks. The time limit you mention only applies if you are being held in custody.

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  • I recently saw that sb 261 passed. I need to know what i need to do to apply for this or if it is just some kind of list.

    In the senate bill its states if he was convicted of his crime before the age of 23. He was convicted when he was 22. I also have information that can get his sentenced reduced. I need to know how I can do this as well. V/r Nicole Smith

    John’s Answer

    I agree with my colleagues but would add that you should never publish your name in a forum like this. It's completely open and anyone interested can probably find yoiu given that your city of residence is presumably here too. Some of the people who might contact you are not people you want to hear from.

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  • What happens if a person on parole gets caught with less than a gram of marijuana

    My boyfriend had less than a gram of weed on him but was on parole so they arrested him.what can they do to him.

    John’s Answer

    The Palo Alto Court is tough since everyone who lives there is either a Stanford student or professor or a high tech employee. They don't tolerate law breakers and usually cut a defendant no slack. Your best chance is to hire an attorney who practices in the PA Court and who knows the judges and DAs.

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  • I got caught shoplifting. I'm on probation and in a group-home also i'm 18. What can happen to me ?

    I'm really worried yesterday i got caught shoplifting at Walmart. I had with me like almost $80 dlls worth of merchandise they took me to the security room and asked me for my personal info once i gave it to them they called the cops and he also a...

    John’s Answer

    Being on probation is a privilege not a right. Your other choice was to go into some kind of custody. Now you have picked up a new case which almost certainly will have consequences for your probation. Time to lawyer up.

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