I had a mistrial, I was asked to waive my 60 day speedy trial, should I WAIVE or NOT WAIVE my rights to a speedy trial?
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Answered on May 06, 2019
There is no right or wrong answer based on the information provided. Once in a while, refusing to "waive time" will cause problems for the...
If a 13 year old kid tried to extort someone could he get in trouble?
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Answered on October 29, 2018
Extortion is extortion even if you only ask for a little money. This sounds like somewhat minor and stupid kid stuff, but whether or not some...
Archived
In california,can a landlord tell a mentally ill tennant to assualt another tennants guest?
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Answered on October 29, 2018
In theory, a person (landlord, or anyone else) who tells somebody else to commit an assault might also be guilty of assault, as an "aider and...
Archived
Can a judge’s comment about wanting to finish a trial on time or emphasizing the importance of having a verdict a certain time?
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Answered on October 29, 2018
A good appellate lawyer will review everything the judge did and said, and may be able to argue that the judge improperly coerced a verdict. ...
Archived
Im being offered 2 years prison in deal which would drop 3 charges but plea guilty to assault w/ dead w 1st offer should I tak?
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Answered on October 23, 2018
I agree with my colleague, this is not a question that anyone on this forum can answer. The decision to accept or reject a plea deal should be...
Archived
What will happen to an 18 year old if they have physical contact with a minor (16 y/o)?
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Answered on October 23, 2018
Of course you can report it. If somebody hits and drags another person, they can be charged with assault or battery, among other crimes, assuming...
Archived
What happens when a judge orders the prosecution to have a response to a filed suppression motion at prelim and the DA fails ?
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Answered on October 23, 2018
Representing yourself in a criminal case is always dangerous. Doing so if you think you have a 1538.5 (4th Amendment) motion is insane. Depending...
Can police enter and secured my home prior to a search warrant being signed by a judge?
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Answered on October 23, 2018
There are a few US Supreme Court and California Supreme Court cases that say yes, the police can, in some situations, secure a home while a warrant...
Archived
Are police officers allowed to determine fault if they discriminate a person issues based on their age or driving experience?
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Answered on October 23, 2018
First of all, there is no "pressing charges" after a car accidents, usually. Pressing charges means criminal charges, and car accidents are a...
How can a drunk adult be charged with statutory rape for a one night stand when the younger person lied about their age?
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Answered on October 23, 2018
The defendant needs a good lawyer. Statutory rape is "strict liability" in the sense that it does not matter if the defendant thought the other...
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