Would names and witnessess be needed if momentary possession of firearm is being used as defense fighting pc29800 charge?

Yes, transitory possession can be a defense to that charge. It is an affirmative defense, meaning that he must prove it. This is absolutely not...

Can a witness (specifically a leo) plead the fifth if asked something that would incriminate them?

Yes, a witness, including a law enforcement officer, can invoke the Fifth Amenemt if they are about to say something incriminating. Whether...

I made an agreement to pay a certain amount (650) as a first payment for my bail . im i allowed to pay less without going back

If you don't work something out with the bail company, they can pull their bond and you will be remanded back into custody. Either figure out a way...

My daughter has a "roommate from hell" who broke into her room and stole her headphones, DVDs, etc. Is that burglary?

It is burglary. Here is a portion of Penal Code 459: Every person who enters any house, room, apartment, tenement, shop, warehouse... Room....

First time theft offense. Do I need a criminal defense attorney?

Josh - see my answer to your other question.

First offense. 488. Need help :(

Yes, theft of under $50 can bean infraction, but in my experience, the Orance County DA will file the misdemeanor charge against you. A reduction...

I got caught shoplifting at target a 22 dollar watch and some playing cards

If the police were not involved at the time, it is highly unlikely that they will be at any point. Target cannot "press" charges against you in...

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2 photo's extracted from a video was used at a trial and not the video itself. Can the video be considered new evidence?

If the photos were extracted from the video - and assuming the video itself had been disclosed to the defense - I'm not seeing the "new evidence"...

I want to relieve my public defender but i havent hired anyone yet what can I tell judge

You can, but you're better off just letting your PD know that you are going to hire private counsel. Ask them to just buy you some more time and to...

My husband is fighting several cases in custody right now. he is a repeat drug offender. are there any laws that could help him

There are programs authorized in the Penal Code, but what he is eligible for depends on the facts, his prior history, and his prior attempts at...