In a criminal trial, an unauthenticated writing is presented by prosecutor. Defense argues irrelevant because it lacks authentication and is highly prejudicial. Prosecutor argues probative value outweighs prejudice, it needs the writing to prove i...
Possibly, insufficient facts to render a useful answer.See question
If a trial is hung and is taken to a retrial do the witnesses have to return to court and testify again?
It sounds like you or someone connected to you is a witness and you/someone else is wondering whether you will have to testify again. The answer, as supplied by others, is you/someone else can be compelled to testify again if the case is filed following a mistrial. However, in order for you/someone else to be so compelled proper service of subpoena must occur which requires actual personal service, mail service is insufficient unless you requirements are met. I assume if you were the defendant you would be posing these questions to your attorney. All the best.See question
I was falsely charged and arrested for possession of contraband that was planted by the officers in my bedroom after they arrived on a call of DV, who seized me and searched against my expressed refusal. Charges were reduced to a misdemeanor pu...
The only way to seal and destroy an adult criminal record of arrest is to file a motion for factual innocence pursuant to 851.8. It sounds like you filed such a motion which was denied (by mail). I have handled many 851.8 petitions for factual innocence but I have not seen a case where a judge issued a ruling by mail. Perhaps there were procedural defects in your motion or with the Judge's ruling. Perhaps an 851.8 could be re(filed) at this time or an appeal filed. There are strict time limits for these filings. You're best advised to contact an attorney to take a look at this. All the best.See question
I was caught shoplifting $500+ of merchandise at Target. Given a citation for misdemeanor shoplifting. What am I expecting for my court date?
You're best advised to hire a criminal attorney to fight your case. If you allegedly took more than $950 in property, you'll be charged with felony which can very serious effects on your employment and immigration status if applicable. All the best.See question
paid bail, (With bondsman) all charges dropped, police took me to jail, There policy (Someone goes regardless) all charges dropped, waist of time
Unfortunately, you have virtually no chance of prevailing on a suit against the police for a false arrest related to a domestic violence claim given what youve described. Indeed, all police departments are required to publish a "domestic violence protocol" which outlines their policies and procedures in regards to investigating a domestic violence case. Although no department actually has a "mandatory arrest" policy with regard to domestic violence incidents, in practice police will generally arrest someone when they are called (via 911) and a battery claim is made and then repeated in person by claimant. In the common situation where both parties claim they were battered by the other party, the police will seek to determine who the "primary aggressor" was (in practice usually not the initial complainant, not the one with the most physical corroboration of injury, not the one who has a history of domestic violence complaints, and not the smaller/weaker party [i.e. not the female] but every situation is different and fact dependent. The bail fee (usually 10% of the total amount) is a non-refundable amount that will be kept by the bondsman, yes its a nice little racket. No doubt it was a "waste of time" but lesson learned, be careful who you associate with, don't associate with those who are trigger happy with dialing 911. All the best.See question
Back in December I filed a police report. I never followed up on it after the first time i was contacted by detective. I no longer wish to pursue charges against the defendant . How can i request charges be dropped?
As others have pointed out, criminal charges are filed by the county District Attorney, not by alleged victim in the matter. However, alleged victims have rights and goals which often having nothing in common with the District Attorney's powers and goals. If your goal is to get the matter dismissed, you are best advised to get in contact with the defendant's defense attorney. He/she may not have reached out to you yet and may have no idea about your current position on the matter. Perhaps your original position has changed because your memory has changed, perhaps the original police report you filed was inaccurate, incomplete, and or misleading, or perhaps there is some other reason you "no longer wish to pursue charges against the defendant". Since you list that your matter is a domestic violence case, you have specific rights as a victim in that you can't be jailed for contempt for refusing to testify relative to California Civil Code 1219b. Further, because you may well be the only witness to the alleged battery, your courtroom testimony maybe essential without which the case may collapse or perhaps your testimony is less than essential in that there was a third party witness, physical corroboration of injury caused by defendant documented with pictures, significant statements made by you during on an "ongoing emergency", etc. While prosecutors are officially ethically bound to "seek justice", in practice The District Attorney is an elected politician that gets rewarded with continued electoral success (and state and federal funding) by obtaining maximal convictions for maximal punishment. The DA's foot soldiers (deputy district attorneys) pursue this by taking and following their respective marching orders. DAs don't represent any particular person, victim, witness, etc but instead like to claim they represent "The People" but in reality they are the state government operating in a country that incarcerates more people per capita than anywhere on earth.
To find out who the defense attorney is, you can go to the criminal clerk and request to see the file, the defense attorney's name should be listed on the minute order. You can call the defense attorney directly and inform him/her you want the matter to be dismissed, the attorney can take appropriate steps from there. Frankly if you're the alleged victim I'm surprised the defense attorney has not already reached out to you but perhaps you ignored or rebuffed him/her previously. You are also free to proactively hire your own attorney to pursue your goals, many criminal attorneys are experienced in alleged victim representation and routinely help them pursue their goals which often includes dismissal of criminal charges against defendant. All the best in pursuing your goals.See question
I got a ticket for expiring registration a year ago. Immediately, I renewed my registration and mailed the paper ticket with DMV's clearance stamp. Recently, I got a license suspension notice for having unresolved ticket! Turned out, my expired r...
As other attorneys have suggested, you should go to the clerk to determine what if anything can be done. If possible, request to calendar the matter to eliminate the civil assessment fees that were tacked on because of the FTA. As is clear with your case, vehicle infraction violations have much to do with revenue collection masquerading as public safety measures but this enters the realm of politics. All the bestSee question
Long story short. My mother has a friend. She's elderly and the sweetest person you'll meet. She went shopping Yesterday and during she apparently put a couple packs of garlic in her sweater pocket. No bad intentions behind it. It didn't even cros...
Indeed it seems like extortion but in fact it appears the merchant may have acted legally within California Penal Code Section 490.5(c) which reads in relevant part, "When an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs." In essence this gives any merchant shopkeeper a private cause of action to sue for up to $500 any alleged thief for the value of the goods taken or damaged plus up to $500. In your mom's friend's case, given the alleged theft (of garlic), the merchant could sue for up to $500. What likely happened is that the merchant entered into a civil compromise with your mom's friend in the amount of $350, which was given in exchange for the merchant's right to sue (for up to $500). However, you mention that the store, "kept all the groceries that she bought." If true, this was improper (and illegal) as the store should have returned her money or allowed her to keep the purchased items (which is an issue quite separate from the $350 civil compromise she apparently entered into regarding the garlic). Indeed, if she paid for the groceries but the store seized the groceries without refunding her money, the store itself may be guilty of theft (for the purchased groceries). Also, I assume there was some written instrument which spelled out the terms of agreement that your mom's friend signed when she paid the $350, if not this is improper.
The above is the legal answer but in reality it's beyond odd and at least a bit horrifying that the manager thought it proper to do what he did over a piece of garlic. The truly sad thing is the manager was likely following his store's protocol in regards to theft incidents, corporate stores tend to have very unforgiving policies in regards to theft. All the best.See question
I signed a contract from a lawyer for a restraining order and divorce from my husband. But I did not push through with the restraining order because I didn't need it. It was not filed in the court but why is my lawyer still charging me the fee of ...
Refer to the contract you signed with the attorney. This may have been a "true retainer agreement" or a billable hour contract. Consult the contract and then ask the attorney if you have questions. Perhaps you are entitled to a full refund, partial refund, or no refund at all -- depends on the agreement. All the best.See question
I was arrested once several years ago and my record has since been expunged. However when searching my name online, it is the first entry that pops up, which I feel is super damaging to my reputation. Can a lawyer take care of this for me ?
You say you were arrested and say your record was "expunged". However, you don't say whether the arrest led to a criminal filing and a conviction. If you have an adult conviction, your record has not been "expunged" as there is no adult expungement statute in California. There is a statute, Cal. Pen. Code 1203.4, which can result in a "post-conviction dismissal", but no record is erased, sealed, destroyed, or "expunged" through this; indeed the record is "added to" with an additional record of "dismissal" (along with the arrest, filing, and conviction). On the other hand, if you were not convicted and then filed and prevailed on a 851.8 petition for factual innocence then you record of arrest and filing was sealed and destroyed. However, the order of sealing and destruction is applicable to California government entities - police, courts, California Department of Justice, etc. - but not to private entities which buy, trade and sell (at one time) public information that may or may not be currently accurate. If you have a valid 851.8 petition granted, perhaps a strongly worded legal letter written by a lawyer requesting that they take down your information as it is false, inaccurate, misleading and defamatory may bring you some relief. If you don't have a 851.8, then this and other websites are less likely to remove your info although I have seen lawyer letters accomplish much when the other side thinks litigation maybe coming if they don't act. All the best.See question