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John M. Kaman

John Kaman’s Answers

14,801 total


  • Filing a Motion

    Is it legal for someone that is in Prison to file a motion? If legal, who does he send it to?

    John’s Answer

    Assuming the person represents him/herself yes it can be done. As far as the details go, where to send it, how many copies, how to serve it, seek the help of prison counselor if you have one. If you don't use the prison law library.

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  • 18 year old pregnant by 16 year old , could I be at risk of criminal charges ?

    I'm 18 and my boyfriend is 16. We recently found out that I'm pregnant. We've been talking and dating for a while now. But what we really want to know is , what could happen to me for having sex (both agreed to) and getting pregnant by him ?

    John’s Answer

    Your sexual relationship with a 16 year old is a violation of California's unlawful sexual intercourse statute--see Penal Code 261.5.

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  • Does grandfather clause apply in criminal law in Tennessee?

    My son was convicted of a felony which resulted in the death of another. As far as I know this law that gives a mandatory life sentence. Was enacted in April of this year 3.5 years after the crime

    John’s Answer

    As my colleague has noted the ex post facto law of the Constitution applies everywhere, even in Tennessee. Of course no one can be certain since we don't know what the law is or what she was charged with.

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  • I am on probation in AZ. I moved to Michigan. AZ doesn't know my location in MI.

    There are 2 probation violation warrants in AZ for me. If I do not get stopped by police in Michigan and don't register myself living here. Will those 2 warrants ever go away or get dismissed because they can't find me. I have been told by seve...

    John’s Answer

    You are correct that AZ will likely not pursue the matter. However your warrants remain active forever, and eventually you could get arrested on the warrants in MI once they are entered into a national database. Then you will have to sit in jail for 30 days waiting to see if AZ comes to get you. It would be better to hire an attorney and deal with these warrants before you are caught.

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  • Will my friend get contacted by the police after seeing a prostitute who may have been caught and has a client list?

    A friend of mine contacted a prostitute while on a conference in another county (but same state) via a dummy email account and arranged to meet with her. He did meet with her though he was unclear if anything else happened between them. But before...

    John’s Answer

    The police usually focus on the prostitute not the john. Sometimes you will hear about police efforts to embarrass the johns but in general they have better things to do.

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  • Can I be arrested for theft if someone gave them my name?

    Recently me and my girlfriend ran out of money for her kids party, so we ended up trying to steal the stuff we couldn't afford. My involvement is i stuffed the merchandise in the bag she was wearing, and she went to walk out the store while I went...

    John’s Answer

    There is no way to predict whether the store will contact the police or not which is the only way you could pick up a warrant. If your girlfriend ratted you out the police may become involved.

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  • Once released on Prop47, can it be denied?

    I was charged with a PC459 for commercial burglary, which was in reality a petty theft. I was sent to prison. I filed for Prop 47 and was granted by the Courts of my controlling case and was released on parole on March 9, 2015. I now have about a ...

    John’s Answer

    I don't see how anyone can deny a petition that's already been granted. You were released on parole and that should be the end of any Prop 47 question. Of course to be sure I'd have to see the letter you referenced. Incidentally why did they send it to your mother instead of you?

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  • My husband is on probation as a sex offender. We were recently married after his release from prison. However, we were living

    in separate counties. So we bought a home in the county of his probation(Orange Co, FL) after getting approval from his PO 3 separate times. Because he changed zip codes, he was assigned a new PO. That PO designated an area in our subdivision ...

    John’s Answer

    He can always back to court but unless he has new evidence or law the judge's ruling will stand.

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  • My son was arrested for theft by taken on 5/29/15 now he has arraignment on 9/15 but the pa said there going fwd on charges

    He was on probation for underage drinking but it has been cleared wat is this arraignment will he be released since the prosecution said there not going foward with the case

    John’s Answer

    If the prosecution is not going forward he should be released long before 9/15 unless there are facts that you haven't told us. Ask his attorney why he can't get out now.

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  • What are the chances that my warrant is not extraditable and is restricted to the county it is issued in?

    I just found out that I had an active warrant in another state. I called my home state, there are no warrants. This warrant has apparently been active for almost 4 years. I have also been on probation in my state for almost 3 years, SSI for almost...

    John’s Answer

    Instead of hoping to slip by on this one, why don't you clear the warrant in the other state? It's not that complicated, especially if you use an attorney.

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