Skip to main content
John M. Kaman
Avvo
Pro

John Kaman’s Answers

15,758 total


  • What can I do if I'm charged with selling stolen property even though that can't be proven

    This is my first offense and I was charged with petty theft and I was looking at the penal codes on the ticket and I'm charged with 484.1a which states that I provided false information for my intent with the stolen items. I wanted the stolen item...

    John’s Answer

    PC 484.1a is theft from a pawnbroker. You need to shut up and hire a lawyer in the SF Bay area. I'm sure he or she will want a cash payment up front.

    See question 
  • Why do I have to pay a ticket for riding my bike on sidewalk, when kids do not have to?

    I just stated it above

    John’s Answer

    Because you are an adult and children are children. You are supposed to take responsibility for your acts. And get that d*mn bike off the sidewalk.

    See question 
  • Do background checks go back from conviction date or probation date?.

    Oregon low level misdemeanor assault (fist fight). It has been 7 years since conviction and 4 years since end of probation. I'm a nurse in CA and am applying for a job at a hospital. My concern is do I mark yes or no on the question regarding any ...

    John’s Answer

    first there is no 7 year rule; you need to get that out of your system. Secondly when you apply for a nursing job in CA you must list all convictions no matter hoe old or how trivial. If you don't you won't get the job. Remember the hospital asking the questions can readily find the answers. They ask to see how honest you are.

    See question 
  • What can we expect after my 19 year old was arrested for a DUI?

    My 19 year old was arrested for a DUI last night in Orange County, CA. I think his breathilizer reading was .10 (above the legal limit even if he weren't underage). He also did a blood test (results will be known later). He was released on his own...

    John’s Answer

    Your son has not screwed up his life. He will be without a license for a year. Hopefully he learned a lesson from this and will no longer drive under the influence.

    See question 
  • Would a motion to dismiss work in this case?

    My son was stopped for a license plate light out. The officer stated she could smell “weed”. He answered “ok?” She asked to search the car; witch she never did and even stated on the ticket no search was done. The ticket also states no contraband....

    John’s Answer

    Good questions if you have indeed stated the facts correctly. You should ask your son't criminal lawyer.

    See question 
  • Can pro se hire a attorney to get the court records in U.S. District Court?

    Pro se does not have access to the written court records in civil case in U.S. District Court on cm/ecf electronic filing. They only have the clerks record of everything filed in the case. Because the docket is fraud, they need the court records o...

    John’s Answer

    While my Florida colleague is correct I would add that it is unlikely that you will be able to retain an attorney just to pull some files for you. What you need to do in fact is to retain an attorney for full representation.

    See question 
  • Can a background check trigger DA to file charges if statute of limitation did not expire and no charges previously filed?

    The process of Fingerprint background check by California DOJ (https://oag.ca.gov/fingerprints) states: "If an applicant’s fingerprints match fingerprints in the database, the associated RAP sheet must be reviewed by a technician... If there is n...

    John’s Answer

    While it is true that anything is possible it is extremely that a well run District Attorney's office would have forgotten about a case. I would be surprised if a background check triggered anything that was not already in the works.

    See question 
  • Rewnewing passport with a potential warrant?

    Potential federal/intrastate warrant from 2004. Fiance believes he was investigated back then and maybe even in 2010, but never any charge, court case, etc. He vacationed overseas twice in 2006, didn't have any problems. He was pulled over for A t...

    John’s Answer

    Don't waste your time worrying about what is potential. There is no indication from what you said that there is any active warrant. In any event getting a passport does not involve a criminal records check so just have him go do it and quit worrying about unkowable unkowns.

    See question 
  • Can you get in trouble for haveing a hacker on your Facebook friends list

    A friend of mine got into it with a hacker online the guy hacked his stuff and he says sense this hacker was on my friends list that they are going to call my probation officer and tell her im friends with them can i get in trouble for that

    John’s Answer

    Probably not, unless there is more to the story than you are telling us.

    See question 
  • Whatever the case is in court is it bassed what comes on your finger prints?

    I just took my fingerprints and my case is cleared (dismissed) in the courts/county. Does it mean my fingerprints will?

    John’s Answer

    Say what..................................................................................................................................................................................

    See question