Archived
Today the SCOTUS held in Riley v. CA that police need a warrant to search a cell phone incident to arrest. Is this retroactive?
Joseph's answer
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Answered on June 29, 2014
In Griffith v. Kentucky (1987) 479 U.S. 314, the United States Supreme Court held that "failure to apply a newly declared constitutional rule to...
Archived
California: Took plea bargain for felony that would be dismissed in 2 years, still shows up on LiveScan, anything I can do?
Joseph's answer
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Answered on March 29, 2014
No. Unfortunately there is no true "expungment" statute in California, so there is nothing you can do.
Archived
My boyfriend and i have been together for a 1 year and a half. my parents found out we had sex, he is 18. can he be charged?
Joseph's answer
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Answered on March 23, 2014
Got you and your boyfriend in a real dilemma. Yes he can be charged with statutory rape, but because there is less than a three year age...
During my preliminary hearing the testifying police officer lied at least twice. Can I file a perjury charge?
Joseph's answer
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Answered on March 23, 2014
No. Only a prosecutor can file a criminal charge. And saying someone "lied" always depends which side of the fence you hapoen to be on. You...
Archived
Can i give my own info to police there report was wrong
Joseph's answer
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Answered on March 23, 2014
I rather doubt it. Can you imagine if every defendant wanted to add their own statement to "amend a police report"? If criminal charges are...
Is GPS for Sex Offenders on Probation State Law?
Joseph's answer
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Answered on March 23, 2014
It is up to probation but if you did not get a state prison sentence, less likely to happen.
Probation can also mandate lie detector testing....
I moved to a gated community that has armed gaurds. Prior to this move my ex would call police make false accusations
Joseph's answer
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Answered on March 22, 2014
This should be placed under the family law section. It is not a criminal law question.
Archived
My nephew needs help a Habeas Corpus appeal..........
Joseph's answer
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Answered on March 22, 2014
Sounds like you need to hire an attorney. By the way, you can't just get a case "moved" to another county because you think the county where the...
Archived
Is it illegal to date a minor? Can her parents charge me with anything and should I talk to the parents?
Joseph's answer
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Answered on March 22, 2014
No. Statutory rape means the two parties are having sexual intercourse. It is not illegal for an 18 year old to date a 16 year old so long as no...
Archived
Good morning my name is Leola Coleman, and I just got off the phone with a friend of mines who's 16 year old son was arrested 04
Joseph's answer
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Answered on March 22, 2014
Yes to both questions. Police do not have to notify a parent if their son is arrested but the parent will be contacted because they have a right...
