Christopher Francis Morales's Answers

What is the process of contesting a restraining order in state of CA

On the restraining order there should be a date for a hearing. If not go to the court on McAllister street to ask for a hearing. Yes, he can contest it. The best way is to look at the declaration that the moving wrote asking for the restraining order. If any part of the declaration is false or misleading then the restraining order was issued based on a false or misleading declaration and should be invalid. Each restaining order is a little different so read it carefully, i've never heard of a...

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Can someone who witnessed a murder but didn't turn them in be charged with a crime years later if they chose to talk to police?

Nope, he's under no legal obligation to report a crime that he witnessed. There is no statute of limitations on murder, so the police and prosecutors can still file charges against the murderer if the information that he provides helps them. Feel free to call me with any other criminal questions, I'm a certified specialist in criminal law and a native San Franciscan.

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Can you file rape charges if you are in another country?

Maybe, most likely the D.A. will want the victim to be back in the United States in order for them to press charges. Their concern, is that they could go through a lot of trouble building the case against the alleged rapist and then the victim doesn't come to court to testify against the defendant because they are in a different country. The D.A. can't supboena her because she is outside of their jurisdiction, so their would be no way to force her to come to the United States to testify.

Can I be held criminally liable for getting my 16 year old girlfriend pregnant, I am now 18 years old

Since you were a minor at the time that you had sex with your girlfriend I don't see anyway that you can be charged with a crime.

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Simple misdemeanor criminal trespass charge-IA

Once the police and prosecutor are involved it is out of the hands of BF. The BF is only a witness and the local prosecutor representing the state handles the case. If a law has been broken it's up to the prosecutor to uphold the law and charge the GF. Saying that, most prosecutors I know are overworked and underpayed and would be happy to dismiss a Mickey Mouse case like this. The BF should write a letter to the prosecutor asking that the case be dismissed. If the BF, who is the victim is...

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Could I face criminal charges if my friend had cocaine in my house, he is charged with selling cocaine

Probably you are in the clear. If you helped him in any way, shape or form it could be a problem but that doesn't sound like the case. On the other hand the fact that the search warrant was for your house tells me that the police believe you were pretty close to the action. Sometime there can be a seperate charge for maintaning a house where drugs are sold, sort of like owning a house of prostitution. But if the police had the goods on you, they would have arrested you along with your friend.

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Is this Criminal case or Civil Case?

Most likely this is a civil case. Your father should consider filing for bankruptcy or trying to work out arrangements with the debtors. It would be a criminal matter if your dad had the specific intention of stealing money from these two people. That doesn't sound like the case here.

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Will this go on my permanent record?

First of all if you were arrested and fingerprinted then the chances are that this arrest will go on your permanent record. If you were not fingerprinted you may be OK. Because the dollar amount is under $50.00 the prosecutor may not charge you with a misdemeanor. The jurisdiction you are in may have some sort of diversion program where you would do some community service or serve some sort of penance in exchange for dismissing the case.

What can my brother do if he was in jail for 10 and a half years and now he is in house arrest for 3 years"

I am assumming he is on parole after serving a lengthy prison sentence. His parole officer holds all of the cards here. If your brother abides by all the rules and keeps the parole officer very happy he can ask to be released from parole early, in California it can happen as quickly as 18 months after release from prison.

IL state criminal code, can we contact the victim of theft and offer him money to drop the criminal charges

This is a great question. The short answer is NO. The man is a witness to a crime, and what you are talking about is paying off a witness not to testify and that is a crime. Be careful. I would hire an attorney and ask the attorney to propose a "Civil Compromise." This must be done by attorneys. This may not work for a theft case, usually it is reserved for hit and run type of cases, but have the attorney approach the man and ask him if he will agree to ask the judge to dismiss the case if he...