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  1. CdwJava

    FI Hypothetical & Traffic Stop

    Joe Smo and his cop friend, Betty, have just committed at least two crimes (felonies)! Conspiracy to commit false imprisonment, and, false imprisonment under color of authority. WILL she? Maybe. It would all depend on the proof. The officer and Joe need to be subject to a criminal...
  2. CdwJava

    My rights as a 15 year old parent.

    No, you have no "rights" to permit you to leave foster care. A petition for emancipation may be filed by a parent or legal guardian, or counsel, if it is in the best interests of the child (i.e. you). Since you have a minor child, are 15, have no job and cannot care for yourself, this is not a...
  3. CdwJava

    FTA Bench Warrant in Civil Case likely?

    An airport arrest for a civil warrant issued in NY is unlikely outside of NY. Heck, it might be unlikely outside the county where the warrant was issued. But, I am unfamiliar with these warrants outside of CA, so I couldn't say. Suffice it to say that NY does have a civl arrest warrant...
  4. CdwJava

    FTA Bench Warrant in Civil Case likely?

    Actually ... it does depend on the state, because some states (like California) CAN issue a civil bench warrant for the arrest of a person who fails to appear pursuant to a subpoena or other court order even in a civil matter. CCP §491.160, §708.170, §1209, and/or §1993. These warrants in...
  5. CdwJava

    Child Upduction

    Okay, that whole thing lost me. WHO has court-ordered custody of the child(ren) in question? How long has mom or dad been out of the picture? Assuming YOU are the one who has cared for the child since birth, you might want to speak with an attorney and consider pursuing a case for child...
  6. CdwJava

    Running license plates and passing on personal information

    Any number of agencies or organizations might have access to DMV information in one form or another. Assuming the caller obtained the registration information from your plate, you might have to contact the DMV to see if they can discover the source of the information. The local PD can only...
  7. CdwJava

    Mental Health Thread #8 - Fall is here!!

    Rain ... out here we need rain! It's NOT coming, yet!
  8. CdwJava

    Criminal Records, Expungement expunged convictions

    That depends on the type of "expungement." Here is information on the process and the laws: http://www.courts.ca.gov/1070.htm ... if you look under the heading: "What a dismissal will do," many of your questions here should be answered. Here is a good step-by-step document...
  9. CdwJava

    What should I do ?

    If she does not own the property she cannot legally have you evicted. If she is not a guest of you or your grandfather, and she is not a resident, you can ask her to leave. If she refuses to leave you can call the police. But, if grandpa says it's okay for her to be there, you have little...
  10. CdwJava

    Shoplifting, Larceny, Robbery, Theft theft 10.00 item ,store fining 400.00?

    As you have been informed, this is a civil demand that is permissible under PC 490.5 and they may make a claim for between $50 and $500 regardless of any court proceedings. If he refuses to pay them, they can still pursue the criminal charges against him as well as seek the money they are...
  11. CdwJava

    Arrest, Search, Seizure, Warrant Summary disorderly conduct

    But, you HAD smoked it, right? As was mentioned, the stuff smells to high heaven. It is pungent and the aroma will cling to clothing, hair, backpacks, etc. And, it can remain for days depending on the surface. So, he may have smelled THAT weed, too. You can consult an attorney to see if you...
  12. CdwJava

    Religious Proselytizing from non-students inside a community college?

    Why wouldn't he be? A community college - like any other property paid for by public funds - is generally open to all people unless they are otherwise engaged in criminal activity or disruptive. And when you get into the area of free speech and the First Amendment, the issue becomes much more...
  13. CdwJava

    Religious Proselytizing from non-students inside a community college?

    Since it is the school that would have to pursue any trespassing claim, if they decline to do so you cannot force them to. You can call the police if you want, but, the man has a First Amendment right to speak just as you do not have to listen to him. Sorry you are offended, but, you don't...
  14. CdwJava

    sexual assault investigation fairness

    If you are the victim of a crime, YOU don't have to pay out any money. The police will investigate and the state will prosecute. Flirting doesn't justify an actual attack. Unless there are details you have failed to provide that might make this a consensual encounter, you should probably...
  15. CdwJava

    sexual assault investigation fairness

    Why didn't you call the police???
  16. CdwJava

    sexual assault investigation fairness

    Yes. Why didn't you call the police if you were the victim of a crime?
  17. CdwJava

    sexual assault investigation fairness

    If you were actually sexually ASSAULTED, why didn't you call the police??? Was this actually some form of workplace sexual harassment rather than a sexual "assault?"
  18. CdwJava

    sexual assault investigation fairness

    Is this a POLICE investigation? Or, simply an employer's investigation? If the police were not contacted, why not?
  19. CdwJava

    res judicata, res subjudice

    There are a great many excellent resources to be found using Google. We don't do homework.
  20. CdwJava

    Assault & Battery Assault in the 3rd - Probability of prosecution

    You were beaten severely, barged into a residence with 8 or 9 people in it, and it did not occur to ANYONE to call the police??? You go in and seek to ARM yourself? What was this place, some sort of an opium den?? And why would you need an attorney? You say you will work with a public...
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