Archived
I was told that if someone has you imprisoned for a false accusation - you could sue that person for their false statement.
John's answer
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Answered on March 26, 2013
There is nothing in Civil Code 47 which allows an individual to make a false report of a crime to the police and thereby insulate himself from...
Archived
Can a ca. Probation officer go threw my phone with out my presence?
John's answer
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Answered on March 26, 2013
I suppose throwing out your phone is better than violating your probation. That said if you are having problems with your PO and find him or her...
Archived
How will a public defender defend the defendant? I am the victim, he is being charged with a pc 243 d.
John's answer
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Answered on March 26, 2013
How can we know his public defender's strategy which is confidential to the defendant and not available to the public? If you are asking how the...
Archived
If the semen is found on the victim or inside victim's Vigina for some reason does that mean a rape, even if victim concent for?
John's answer
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Answered on March 26, 2013
The semen means the man ejaculated. Whether or not the sex was consensual is a separate question. Non-consensual sex is generally rape regardless...
Archived
Amendment 1
John's answer
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Answered on March 26, 2013
I have no idea what you are talking about. In any event this seems to be a famil law, not criminal law question.
Archived
Prosecutorial descretion
John's answer
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Answered on March 26, 2013
While the prosecutor has the discretion to charge or not to charge that discretion is not unfettered and must be guided by constitutional...
Archived
Does Saturday & Sunday count
as part of the 72 hours when in custody.
John's answer
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Answered on March 26, 2013
See my answer at http://www.avvo.com/legal-answers/does-saturday---sunday-count-on-the-72-hours-when--1171437.html?ref=answer_question_serp_title_6.
DOES SATURDAY & SUNDAY COUNT ON THE 72 HOURS WHEN ARRESTED
John's answer
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Answered on March 26, 2013
No Saturdays Sundays and holidays don't count. Moreover if your husband was arrested at a time when the courts are not in session it can be...
Archived
I received a death threat via e-mail 8 years ago. I was not in the US then, I am here now. Can I file a police report?
John's answer
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Answered on March 26, 2013
Such threats are covered by PC 422. Even if it weren't barred by the SOL, a threat has to be "unequivocal, unconditional, immediate and specific...
Archived
I was released on parole from prison 7 days after release order from Sacramento was given, is there a monetary case ?
John's answer
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Answered on March 26, 2013
Any attorney who would take a case where there was a 7 day delay in your getting released is either starved for cases or crazy. Enjoy your...
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