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  1. CdwJava

    2lifesentance

    Please do not double post ... one thread is enough.
  2. CdwJava

    Homicide, Murder, Manslaughter California public record act?

    About all you can do is help him locate and pay for an attorney to take his appeal. Unfortunately for your friend, the time to challenge evidence is during the trial. Even if they lost the objection, they might have had grounds to appeal. As it stands, after three years, he will likely need...
  3. CdwJava

    Verbal threat of violence at my door

    Ditto that. If you are truly afraid for your safety based upon what was said, then contact the police. It may not rise to the level of a crime in your state, or at least not a crime they can or will choose to act upon after the fact. In the future, don't engage the knucklehead. Contact the...
  4. CdwJava

    Falsifying a Report

    Depending on the laws in your state, your "friend" can be guilty of numerous criminal offenses including conspiracy (which, in some states, is a FELONY)! And, if your "friend" goes to the cops and can convince them that "Steve" has tried to coerce him into making a false report to the...
  5. CdwJava

    Domestic Violence & Civil Orders plea showing convicted of NOLO

    In order to be charged with domestic violence (assuming misdemeanor or felony domestic battery per PC 243(e) or PC 273.5), the allegations would have had to allege battery (unwanted touching, pushing, shoving, grabbing, etc.) or the battery with visible injury. So, while he might deny ever...
  6. CdwJava

    ex wife boyfriend has criminal background

    Has he been convicted of the strangulation? Or, is that merely rumor? DUI and drugs - by themselves - are not likely to compel a court to prevent him from being with the kids' mother from time to time. If there comes a time that they get married or he shacks up with them, MAYBE a court MIGHT...
  7. CdwJava

    ex wife boyfriend has criminal background

    Simply having a criminal record is NOT going to be sufficient to get a judge to issue an order preventing him from being around the kids. Can you articulate that he is a danger to the kids for some reason?
  8. CdwJava

    Shoplifting, Larceny, Robbery, Theft DO you have a LEGAL obligation to stop for a LP officer?

    No, not usually. However, if you struggle with them you could be charged with additional or more serious offenses.
  9. CdwJava

    30 Day impound vehicle taken without my permission

    Yes. The driver was operating a vehicle on a suspended license and was cited (i.e. arrested) for that offense. As a result the vehicle was apparently impounded pursuant to VC 22651(p) (unlicensed driver) and stored for 30 days pursuant to VC 14602.6. You availed yourself of the impound...
  10. CdwJava

    Other Criminal Charges & Offenses identity theft

    There can also be other crimes alleged. How many and what manner of crime depends on what is alleged to have occurred, and how. Burglary is an offense commonly associated with identity theft when it involves entering a business or submitting information that is knowingly false in order to...
  11. CdwJava

    Prison, Jail Joint suspension question

    What were the original charges for which he was on probation?
  12. CdwJava

    Restraining order theft

    An argument can be made that you surrendered your access to the apartment. Whether that would hold up in court depends on how much money you have to spend to pursue the matter. But, CA state law REQUIRES a landlord to take certain actions when provided proof of a DV TRO. One of these is a...
  13. CdwJava

    Restraining order theft

    So, how long have you NOT been residing at the apartment? How long has the restraining order been lifted? On the face of it, you appear to have surrendered your access to the apartment. Whether you felt you had no option or not, I suspect the police are not going to permit you to enter if you...
  14. CdwJava

    driver vs traveler using a private vehicle?

    Sounds cool enough. And if they travel through the north and central part of the state, they'll have no problems and many friendly folks with a lot in common with them ... but, getting here without riding on freeways might take them a little out of their way.
  15. CdwJava

    driver vs traveler using a private vehicle?

    Just stay off the FREEWAYS (at least in CA and many other states) as a pedestrian, equestrian, or bicyclist.
  16. CdwJava

    Restraining order theft

    A couple of problems with this idea ... First, if you have vacated the apartment (as in moved out), even if you left some of your things behind, you might have no legal right to enter and retrieve anything without her permission or a court order. That will depend on the details. Second, while...
  17. CdwJava

    driver vs traveler using a private vehicle?

    Reiterating what MM said -this is NOT TRUE! You are required to adhere to state and local laws concerning the use of the public throughfares - this includes having a proper license, registration, and proof of insurance as required by your state.
  18. CdwJava

    Justice System, Police, Courts rights taken

    Yep! Hence the peculiar twists. And, for some reason, the perception of rife corruption ...
  19. CdwJava

    Justice System, Police, Courts rights taken

    Out here there is no prohibition AGAINST allowing the property owner from observing the search or inventory, but, we do not have to and it is common practice NOT to. It is rare that I have had an owner accompany me on such a search and seizure, and then only when they are being cooperative and...
  20. CdwJava

    Justice System, Police, Courts rights taken

    That is not a requirement in CA. We need only leave a receipt. Not to mention I don't know if I'd be too comfortable with a suspect tagging along while I searched or did an inventory of items - the safety implications, and the potential evidenciary issues as a result of his/her presence could...
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