Michael Leon Marowitz’s Answers

Michael Leon Marowitz

San Rafael Criminal Defense Attorney.

Contributor Level 8
  1. My 2 adult sons were involved in a fight while they were both living with me. One caused injuries to the other - significant

    Answered about 1 month ago.

    1. Jeffrey Shawn Hughes
    2. Lloyd A. Pont
    3. Jeffrey Mark Adams
    4. Lars A. Lundeen
    5. Bruce K. Allen
    6. ···
    9 lawyer answers

    You don't have a privileged relationship with either of your sons, so you can be forced to testify unless doing so is likely to cause you severe injury or harm. You'd probably need a doctor's note to show how bad things could get if you were forced to undergo the stress and trauma of testifying in such a case. The fact that you weren't there is certainly important, but the prosecution may have some relevant questions even if you didn't witness the behavior being prosecuted. Were I you, I'd...

    7 lawyers agreed with this answer

  2. Do I need a criminal defense lawyer for my son?

    Answered about 2 months ago.

    1. Steven M. Cron
    2. Jay Scott Finnecy
    3. Joseph Salvatore Farina
    4. Mary Frances Prevost
    5. David Mark Wallin
    6. ···
    13 lawyer answers

    Your son needs both legal and substance abuse help. If he had 3 warrants for DUI-drugs and is driving without a license (it may have been suspended after he failed to appear on one or a number of the DUI cases, causing bench warrants to issue), and has now been caught in a motel room with dope on his person with a group of others getting high, he probably would have a difficult time posting the kind of bail the judge is likely to set once he appears in court. He's going to be considered a...

    6 lawyers agreed with this answer

  3. Can Prosecutor submit evidence in criminal case day my Trial starts..

    Answered about 2 months ago.

    1. Herb Fox
    2. Joshua Sachs
    3. Jay Scott Finnecy
    4. Alan James Brinkmeier
    5. Michael Leon Marowitz
    6. ···
    6 lawyer answers

    If you're in trial on the first day, I imagine you must be defending yourself or you would have asked your attorney these questions. If you do have an attorney, please confer with her/him, as s/he is the best person to answer your questions. In fact, s/he is the one who should decide either to seek a continuance, which is highly unlikely to be granted unless the new statements heard in testimony are a complete surprise or to cross-examine the store detective. If the DA knew the new...

    5 lawyers agreed with this answer

  4. Can you appeal a criminal habeas corpus petition?

    Answered 3 months ago.

    1. Kresta Nora Daly
    2. Jay Scott Finnecy
    3. Ara Saroian
    4. John David Rogers
    5. James Roy Dickinson
    6. ···
    9 lawyer answers

    No. But you may file another habeas petition in the court that would handle the appeal. Talk to a lawyer with experience on habeas corpus petitions.

    5 lawyers agreed with this answer

  5. Is this a criminal threat?

    Answered 23 days ago.

    1. Ashli Summer Mckeivier
    2. Clemente Montano Jimenez
    3. Joseph Kelly Levasseur
    4. C. Zadik Shapiro
    5. Michael Leon Marowitz
    5 lawyer answers

    The twitter is traceable back to you, addressed to someone in particular, namely the person on the receiving end.. "Don't f... with me" is not a threat to kill or cause great bodily injury to another person. Neither is "I'm friends with a gang," although it might be suggested that mere mention of a gang implied that you conceived of an act of violence. However, what you wrote doesn't specifically say what type of violence or the extent of any such violence, which is an essential part of a PC...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I missed my court date. Do I need a lawyer ?

    Answered 28 days ago.

    1. Michael Aaron Goldstein
    2. Andrew Joseph Bouvier-Brown
    3. C. Zadik Shapiro
    4. David S. Kestenbaum
    5. A Jennifer Zide
    6. ···
    8 lawyer answers

    I would just add that it takes several days for an ordered warrant to get into the computer system, so walking into the court the day after you missed the appearance doesn't entail being arrested if you jump on this right away. Most judges I've appeared before in 36 years have routinely recalled bench warrants the next day without the need for an explanation, but you may have to offer one. Whether you need a lawyer to make that argument for you is up to you--if you had a good reason, you can...

    3 lawyers agreed with this answer

  7. Did police officers abuse their power? Any advice?

    Answered 28 days ago.

    1. Dmitry Gorin
    2. Gayle Anne-Marie Gutekunst
    3. Sergio Humberto Benavides
    4. A Jennifer Zide
    5. Michael Leon Marowitz
    6. ···
    7 lawyer answers

    Sounds like you obeyed the cop's command to remove your car from the middle of the street. You might have a problem withy informing the officer he was being video taped. However, Penal Code 148 charge includes willfully delaying or obstructing an officer in the lawful performance of his duty. Your statement that you were videotaping him may have delayed or obstructed him, but that seems too petty standing alone. You said what you said for a reason, probably to indicate that if he was using...

    3 lawyers agreed with this answer

  8. What happens after a defendant in a misdomenor criminal action wins a 1538.5 motion hearing to supress all evidence?

    Answered about 1 month ago.

    1. Ronald Daniel Hedding
    2. Gayle Anne-Marie Gutekunst
    3. Robert Lee Marshall
    4. Dorinda Jo Myers
    5. Jennifer J Wirsching
    6. ···
    8 lawyer answers

    If the judge ordered that all evidence seized in the case was to be suppressed from evidence and the case charges you with possession of the suppressed evidence, the DA should dismiss the case unless s/he wants to appeal the decision. Your lawyer shouldn't have to say a thing. Sometimes, the court allows the DA a week or so to decide s/he wants to proceed in light of the suppression order. Had you been faced with a felony, the DA could have refiled and sought a different judge to decide...

    3 lawyers agreed with this answer

  9. A Los Angeles County Sheriffs Department Criminal Supplemental report is not for public dissemination but an Incident report is?

    Answered about 1 month ago.

    1. Dmitry Gorin
    2. Robert Lee Marshall
    3. Joseph Salvatore Farina
    4. Michael Leon Marowitz
    4 lawyer answers

    The information supplied is a bit sketchy--does "a closed case. . . [in which] the district attorney will not be taking further action" mean that that DA has decided to file no charges after considering the police reports? Does it mean that the case was already adjudicated? I believe there is a Government Code section that prevents dissemination of police reports except to the named victim(s). In my experience, it's governed by a need-to-know basis. If a case is filed and litigated,...

    3 lawyers agreed with this answer

  10. Am i allowed to drink on my probation?

    Answered about 1 month ago.

    1. Dmitry Gorin
    2. Ronald Daniel Hedding
    3. Joseph Briscoe Dane
    4. Dorinda Jo Myers
    5. David S. Kestenbaum
    6. ···
    6 lawyer answers

    You can do anything you're not forbidden from doing by the terms and conditions of your probation. If you weren't ordered not to drink alcohol, you can drink alcohol. Some believe that alcohol is an intoxicant that reduces inhibitions so it might be the gateway for using controlled substances, possession of which was the basis for your conviction. However, if the judge didn't order you to refrain from drinking, it's up to you to decide whether you should or shouldn't drink.

    3 lawyers agreed with this answer

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