Skip to main content
John M. Kaman

John Kaman’s Answers

14,770 total


  • Do I need to pay my civil claim?

    I got a civil demand on 7/13/15 for shoplifting $180 worth of merchandise on 7/9/15 they resent a letter to me claiming it's a civil demand asking for $500 within 14 days. The letter says it's not an attempt to collect debt and the demand is made ...

    John’s Answer

    As so many Avvo attorneys have said many times don't pay. It will not affect any criminal prosecution in any way and the cost of collecting far exceeds what they want you to pay.

    See question 
  • Pardon on that my friend typed it.well I was trying to ask is what will the courts do if I got a under the influnce

    Well my background: driving under the influnce(DUI)2005,petty theft Under the influnce the influnce2010, Petty theft 2011,burglary 2nd degree 2011,domestic violance 2012 domestic violance 2013 that's all I know off the top

    John’s Answer

    If your 2005 DUI was outside the ten year window in relation to your more recent arrest, your case may be treated as a first DUI. Even if that happens the judge gets to decide whether you get probation or a jail sentence (note that terms of probation may include jail time as well). In making his decision he will be guided by your past history. No one here can predict what he or she might do.

    See question 
  • What happens when a $10,000 bench warrant is issued for failure to appear for child support orders in California?

    If the party is arrested and posts the bail amount and fails to appear again, does any of the posted bail amount get applied to the arrears and go to the child? If the party does appear, can the judge order any of the bail amount be applied to arr...

    John’s Answer

    Bail is bail. It cannot be used for child support, fines or court fees.

    See question 
  • How can i file an 851.8 to remove an arrest? Can i do this alone if i research the steps?

    I was "arrested" for 3 alleged charges. 166a 4, endangerment and cruelity while on probation for DUI. ex who works for CA Parole, called cops (as usual) for leaving kids alone while i go to gym in AM. NO way would i ever "willing" put my children ...

    John’s Answer

    PC 851.8(c) would seem to apply to your situation. It provides: "In any case where a person has been arrested, and an accusatory pleading has been filed, but where no conviction has occurred, the defendant may, at any time after dismissal of the action, petition the court that dismissed the action for a finding that the defendant is factually innocent of the charges for which the arrest was made. A copy of the petition shall be served on the prosecuting attorney of the county or city in which the accusatory pleading was filed at least 10 days prior to the hearing on the petitioner’s factual innocence. The prosecuting attorney may present evidence to the court at the hearing. The hearing shall be conducted as provided in subdivision (b). If the court finds the petitioner to be factually innocent of the charges for which the arrest was made, then the court shall grant the relief as provided in subdivision (b)."

    The road to a finding of factual innocent is fraught with landlines that only an attorney will know how to approach. And even if the statute does apply to your case you still have to prove that you are factually innocent of the charges, which in most cases these days the prosecutor opposes.

    See question 
  • Will I get drug tested at my court date for 3rd degree retail fraud?

    I'm 17 and made a big mistake. I switched the tags on a few things at my local meijer, the lady stopped me and I went into the LP room. Long story short the cops came and arrested me. I sat in jail for a couple hours waiting for my mom to gather $...

    John’s Answer

    It's difficult to convince a judge you are a good person when he is presented with proof that you are a thief. I doubt you will get drug tested at a first court appearance but if you are doing drugs you should quit just as you should quit stealing. My guess is that the most likely outcome is probation.

    See question 
  • Underage girl messages me pretending to be 18. I do not find out until later she is 16. What trouble could arise?

    I'm 24 and was messaged by a girl who's profile stated she was 18. We started talking and exchanged numbers. The conversation turned semi sexual but nothing explicit and no pictures were exchanged. However after talking she informed me that she wa...

    John’s Answer

    If that's all that happened I don't think any trouble will arise. As Satchel Paige used to say "don't look back--someone may be catching up with you."

    See question 
  • How can I get a Expunge felony that is 40 years old.

    spent 30 months in the VA. prison for having stolen property. had no problems, got married and went right to work. I feel like I was made an example of, but that was ok. no problems, since then. was president of our little league. raised 2 childr...

    John’s Answer

    People with felony convictions can vote upon completion of sentence. People in prison, on parole and on probation cannot vote. People with felony convictions can vote upon completion of sentence.

    See question 
  • I live in New York, can I take online DUI class for First Offender Program?

    I plead no contest to Wet Reckless, and was ordered by Santa Clara County Superior Court to take 3-month First Offender Program with an annotation that "may do in New York". I don't have California driver's license and am not California r...

    John’s Answer

    An online program accepted by the counties I work in is Tom Wilson's DUI program. Find it on google and choose a class that matches the number of hours you must do.

    See question 
  • Will dismissed misdemeanors prevent me from obtaining a casino work permit? I'm gonna be live scanned

    Hi, I have two misdemeanors for theft that I had dismissed under 1032.4 it's been a four years since then and I'm up for a job at a casino but i'm worried they won't hire me if they see those convictions even though they are dismissed and it cost ...

    John’s Answer

    If it were my casino, where so much cash changes hands, I wouldn't want a thief as an employee.

    See question 
  • What do I need to do to file a complaint with a police department about an off duty cop and assault?

    My boyfriend was assaulted and I have been told by witnesses that because the guys friend that was with him at the time, they arrested my boyfriend for a warrant and not the guy who assaulted him. I have been told the "friend" was an officer himse...

    John’s Answer

    I'm sure the police reports contain a different version of events. The only way you can aid your bf is to make sure he gets a lawyer. If he can't afford one, one will be appointed at his first court appearance.

    See question