John M. Kaman’s Answers

John M. Kaman

San Francisco Criminal Defense Attorney.

Contributor Level 20
  1. Assault on a police officer.

    Answered about 2 years ago.

    1. John M. Kaman
    2. Sean Patrick Lewis
    3. Seth Andrew Weinstein
    4. Brian K Wanerman
    4 lawyer answers

    If the officer did not charge you in the field it is highly unlikely that he will charge you later. Even if he did the DA would have to conduct an investigation before a case could be filed and it is probable that based on these facts your case would be rejected. Above all do not go to the police station to talk to the cop. Do not call the DA to see if charges have been filed. Do not pay an attorney a pile of money when you probably won't need him anyway. You should learn that...

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  2. I won at trial a few years ago. But it still comes out in my record. How do I get it removed?

    Answered about 3 years ago.

    1. John M. Kaman
    2. David Jon Pullman
    3. Joseph Briscoe Dane
    4. Chris J Feasel
    5. Robert West
    5 lawyer answers

    You need to be more specific about what comes out on your record. Normally when someone is acquitted of all charges they will still have the arrest on their record and the final disposition. Getting this off your record is difficult. I suggest you contact an attorney about a PC 851.8 petition for factual innocence which, if granted, would seal everything.

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  3. Is it right if go to diversion programm for shoplifting? should he go to diversion programm or court apperarance?

    Answered over 2 years ago.

    1. John M. Kaman
    2. Peter John Marek
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    My Chicago friend seems unfamiliar with practice in CA. The kind of diversion you are talking about does not require the entry of a guilty plea and will allow him to avoid a criminal record. A guilty plea can only be entered in court so if there are no court appearances and your bf was not arrested he should come out of this with no record at all.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is Cal. Penal Code 490.5 a misdemeanor or an infraction?

    Answered over 2 years ago.

    1. John M. Kaman
    2. David Philip Shapiro
    3. Shawn Michael Haggerty
    4. William Peter Daley
    5. David Michael Boertje
    6. ···
    6 lawyer answers

    You are under no obligation to pay the civil demand from the store. Not paying will have no effect on any criminal action against you. The store cited PC 490.5 because that statute allows the store to demand up to $500 for each shoplifting incident. The key word is "demand." It is not an obligation and certainly not a fine that you must pay. It is not possible to say what statute the DA will use. If the amount was under $50 there is a good chance it will be 490.5 which can befiled either...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Take plea or go to trial?

    Answered almost 2 years ago.

    1. Michael Adam Haber
    2. Megan Blancho
    3. Harry Edward Hudson Jr
    4. John M. Kaman
    5. Dean George Tsourakis
    6. ···
    6 lawyer answers

    Only your attorney, who has access to the whole file, can advise you on this one. If you don't have an attorney get one and , in the meantime, take no deal.

    13 lawyers agreed with this answer

  6. A defendant feels that his CP Lawyer is not giving him 100% in his defence.

    Answered over 2 years ago.

    1. John M. Kaman
    2. Daniel C Grupenhagen
    3. Jeffrey George Moore
    4. William Mark Weinberg
    5. William Monroe Cheney
    5 lawyer answers

    Your son deserves the very best legal defense available. If you feel that his (appointed?) lawyer is not giving him this, then your son should take the initiative and demand a meeting with the lawyer. It may be that this can be resolved. If the lawyer refuses your son should demand a meeting with his supervisor. All of this should be done before your son approaches the Court for relief. You should know that the lawyer has no obligation to you so it is up to your son to take these steps.

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  7. I had 4 beers on the Fourth of July. Will it show up positive etg if I am tested today? Anything I can do to lessen the chances

    Answered almost 3 years ago.

    1. John M. Kaman
    2. Sarah Lynn White
    3. David Philip Shapiro
    4. Brian Christopher Jordan
    5. Barry Franklin Poulson
    5 lawyer answers

    Four beers on July 4th won't show upon any test today. But in your last question you said you had been drinking Friday night too. That also should be gone. But now the question is what happened last night?

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  8. Is this 35% thing or 50% thing true at all?

    Answered 7 months ago.

    1. John M. Kaman
    2. Arnold William Gross
    3. Gregory Paul Benton
    4. Edna Carroll Straus
    5. James Roy Dickinson
    5 lawyer answers

    I don't see a question here. You state your husband has 7 months to go. He's already at half time. If you are asking can he do only 35% time the answer is no. That is a groundless prison rumor.

    11 lawyers agreed with this answer

  9. Federal and state sentences ran concurrent with voluntary surrender

    Answered over 1 year ago.

    1. John M. Kaman
    2. Frank Mascagni III
    3. Alexander M. Ivakhnenko
    4. Stephen F Wallace
    5. Lisa Michelle Bassis
    6. ···
    6 lawyer answers

    Cases involving both a federal and a state sentence are complicated and require an attorney's help, which you have. Given that you have an attorney I don't understand why you are asking questions on the Internet about the deal he is structuring. I agree with my colleague that it would be inappropriate for us to second guess him.

    11 lawyers agreed with this answer

  10. What is the difference between a federal hub and spoke drug conspiracy and a federal chain drug conspiracy?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Stephen F Wallace
    3. Vikas Bajaj
    4. Raymond George Wigell
    4 lawyer answers

    A procedural issue of great importance to parties accused of conspiracy is whether government prosecutors try to frame the conspiracy as a "hub-and-spoke conspiracy" or a "chain conspiracy." In a hub-and-spoke conspiracy, many parties (the spokes), conspire with one person (the hub), but not with other defendants. It is advantageous for a defendant to have its actions characterized as part of a hub-and-spoke conspiracy, because that means that the conspiracies are separate and disconnected....

    11 lawyers agreed with this answer

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