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  1. CdwJava

    CA. Can this be enforced?

    We've been discussing this on another forum along with the reasons why you might not have been getting the results you wanted, and why the DA is not going to file for the fact that the restrained party drives along the only road he has to get out of his residence which incidentally passes within...
  2. CdwJava

    open container ticket as a minor but no public intox or alc possession

    Possession is a crime of dominion and control, not ownership and as MM mentioned, you don't even have to have your mitts on it when they see you! You are free to argue to the judge that you were minding your own business and just happened to sit down next to some open containers of alcohol ...
  3. CdwJava

    age for dating

    Ditto this in spades!! Oh, so true! ^^^^^
  4. CdwJava

    age for dating

    Well, if he encourages her to be out of her parents' control, run away, sneak out, etc. ... yeah, he probably can. Simply for running into her and holding hands at the park, no. But, if he encourages or aids her in any manner of delinquency, he might be held to account (depending on applicable...
  5. CdwJava

    Neighbor calls Police with a lot of FALSE ACCUSATIONS

    Unfortunately, the neighbors have every right to call the police (or, in this case, the Sheriff). Eventually the Sheriff's Department will get tired of responding and may very well take action to discourage the repeated calls. Until then, there is little you can do about it as no court is...
  6. CdwJava

    Emancipation

    Sorry, but no court in CA will remotely consider emancipating a 14-year-old who does not get along with their guardian, cannot support herself (you can't legally work fulltime outside of very extreme circumstances), and is already on probation. Just ain't gonna happen. In 4 years you can live...
  7. CdwJava

    My Cop Neighbor and his wife are harassing our family!!! Legal Help!

    But HE does not appear to have threatened anyone. And if making a false claim against him causes an order to issue that would essentially end his employment, I suspect he'd have a heck of a lawsuit against the OP. MAYBE a case can be made for the wife's harassment, but, the husband?
  8. CdwJava

    Ineffective Attorney / D.A. Question

    I think he's trying to argue that since he has not seen his attorney do anything, and the attorney allegedly waived time, that this is proof of "ineffective counsel." Of course, since the matter has not even gone to prelim, he still has a chance to CHANGE counsel if he chooses.
  9. CdwJava

    My Cop Neighbor and his wife are harassing our family!!! Legal Help!

    How can you get a restraining order against HIM when it appears that SHE has been the source of your problems?
  10. CdwJava

    Ineffective Attorney / D.A. Question

    Yes, one CAN take their prescription medication as prescribed and still be impaired to drive. A prescription level does NOT mean that you are safe to drive. In fact, most medications that might impair you come with strict warnings on not operating vehicles or machinery when under the influence...
  11. CdwJava

    slander and attacked reputation

    As MM stated, a TRO is not likely absent some fear for your safety or act of domestic violence. In theory, however, a DV TRO can issue for harassment (FC 6320 et seq), but it would be incumbent upon you to prove that a pattern of harassment exists and that the actions were intentional and done...
  12. CdwJava

    Negligence, Other Injury CVC 22450 (a)

    California state law permits an accident investigator who has completed a specific course of training to issue a citation for violations he has determined occurred during a collision event. As MM indicated, it is likely that the investigator determined you ran a stop sign and caused the collision.
  13. CdwJava

    slander and attacked reputation

    Taking LEGAL action can be expensive and is by no means certain. The courts cannot change people's opinions of you even if you were able to identify a cause of action and actually succeed in getting an injunction to prevent him from talking about you. A lawsuit costs money and is about money...
  14. CdwJava

    Assault & Battery Parolee domestic violence

    If he is on PAROLE, then telling a Probation Officer will do nothing ... unless he is on AB 109 parole. But, if he is on parole for MURDER, then he is almost certainly not out on AB 109. So, if you tell his parole officer, they will likely detain him until they investigate. However, if you do...
  15. CdwJava

    Questions in regards to welfare fraud as well as search warrants

    Common? No. Possible? Yes. A lot depends on the facts and the details. Depending on the circumstances and the institutions involved, a request or subpoena will often suffice. Possible, but exceedingly rare unless we are talking about HUGE sums or an involved or large conspiracy case. A...
  16. CdwJava

    Shoplifting, Larceny, Robbery, Theft What can be done?

    Policies can vary. If her county has a public defender's office, she can contact them and ask when she might get one assigned. If not, she can check with the court. Most often, assignment of defense counsel will occur at arraignment (when she goes to court to hear her charges and enter a...
  17. CdwJava

    Criminal Attorneys, Public Defenders public defender

    Eh, been there before ... 'cept for me, it's not having my glasses on.
  18. CdwJava

    Shoplifting, Larceny, Robbery, Theft What can be done?

    A plea of "no contest" has, effectively, the same penalty as "guilty." All the no contest plea does is disallow the conviction from being used as evidence of an admission of guilt in a civil proceeding. As mentioned, her attorney should be able to provide her information on diversion if it...
  19. CdwJava

    Criminal Attorneys, Public Defenders public defender

    If this happened to you, you should probably contact the prosecutor or the investigating officer ASAP and let them know what happened. Depending on what was said, this might be at least unethical, maybe criminal.
  20. CdwJava

    inlaws filed for guardianship

    Absent any grounds to have the court revoke custody, it won't happen no matter how many times they file and where. Are these in-laws your husband's parents? Why do they think the children will be better off with them? You might consider consulting an attorney about the possibility of legal...
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