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  1. CdwJava

    Criminal Trials, Hearings Verified Complaint

    This thread is more than a year old. If you have a question, please start your own thread. if you are merely here to rail against the system or offer "advice" with little or no foundation in he law, you might be more comfortable on another site that caters to your belief system.
  2. CdwJava

    What to do when your 4th Amendment rights have been violated?

    Have you made a formal personnel complaint? If not, then they are likely under no LEGAL obligation to look into the matter. And even if they look into it at your behest or on their own initiative, depending on the laws in your state they are probably unable to provide you with any specific...
  3. CdwJava

    Please help step daughter is being abused and constantly moving

    Documenting suspected injuries is NOT proof of abuse. Injuries to a child can come from a variety of sources, and if there are visible injuries yet the child has NOT been removed from the home and the mother has NOT been prosecuted then that tells me that there is either an explanation for the...
  4. CdwJava

    Criminal Records, Expungement DUI in Calf in 2001 and 2006 - both expunged - what shows up during background check?

    You can check with the local agency, jail and court that handled your case to see what they have. Since some of these will be public records (particularly any court records) it will be those records a prospective employer might search. if your county court has a website, check it out. You...
  5. CdwJava

    Shoplifting, Larceny, Robbery, Theft caught stealing;police too busy;what will they now do

    You were given the wrong information. There exists no law in CA saying that the police cannot take a crime report if the suspect has left prior to their arrival. In fact, there is no requirement that the police arrest or even contact you prior to submitting cases to the DA requesting...
  6. CdwJava

    Harassment, Stalking, Misconduct Harassment/Threats

    What s the nature of these "threats?" Does your fiance take the threats seriously? If she fears for her safety, what steps has your fiance taken to protect herself? How long ago were the threats made? It is very likely that this is not going to be something that will get the police excited...
  7. CdwJava

    Pulled over & arrested on "small town" knowledge only! PLEASE KEEP READING...

    You may have gone to court to resolve the underlying LEGAL issue, but until you go to the DMV and have your license reinstated, it is still suspended. So, the arrest would appear to be lawful. One of the nice things about small town policing is that they tend to know you on sight and know from...
  8. CdwJava

    Sex Crimes, Sex Offenders question

    Unfortunately for you, the courts disagree with your interpretation that there needs to be a human "victim" for there to be a violation of the law. Thus far, the Constitution has been interpreted to permit the state to enact statutes that make prostitution a crime. If you try to argue that...
  9. CdwJava

    Sex Crimes, Sex Offenders question

    Is this a pretrial hearing? Or, trial? Understand they likely have enough evidence to prove their case (in the prosecutor's opinion, anyway). They won't need you to say anything about it. The crime is found in the statutes of the state of NV. Isolated and out of context court cases...
  10. CdwJava

    Drug Crimes, Substance Abuse cops don't bust people; snitches do!!!!

    Is there a question here? Or was this a marginally literate rant? Your girlfriend has an attorney. She should listen to her attorney.
  11. CdwJava

    Alcohol & Drugs: DUI, DWI dui charges

    Out here we tend to call that an arrest. If you were released with a notice to appear in court, then you were arrested and cited. If you were just released and told to walk home, I guess it was considered some special type of detention ... not sure how they do things where you are, but that...
  12. CdwJava

    Alcohol & Drugs: DUI, DWI dui charges

    So ... can you explain how they are charging you with DUI? And how do you KNOW you have been charged with DUI? Okay ... so, the cops received a report of someone driving like a drunken yay-hoo on an ATV, the3y responded and found the ATV with you standing next to it apparently impaired in some...
  13. CdwJava

    Alcohol & Drugs: DUI, DWI dui charges

    Soooo ... you were arrested for DUI yet you have witnesses saying it was not you? So, you are saying the police did not arrest you???? Or, are you saying you have witnesses that will say you were not impaired and the police were lying for some reason? And what does your arrest have to do with...
  14. CdwJava

    Visitation Question

    Unless the court order mandates it, I do not see why it would be a requirement. I can think of situations where a child does NOT have their own room in homes right now. Whether a court would see this room of their own as a requirement to allow visitation would likely revolve largely on the age...
  15. CdwJava

    warrant for arrest over unpaid oil change??

    Arguably, this could be charged under PC 537 (often referred to as "defrauding an innkeeper). When you went chose not to pay for services rendered this may well have entered into the criminal realm. Whether the local DA will charge on this or not is something no one can answer. But, as MM...
  16. CdwJava

    Arrest, Search, Seizure, Warrant False imprisonment

    Why did the arresting officer and agency believe you were a wanted parolee? For them to have held you at the jail, the jail would have had to received a PC 3056 hold or you would have been released. So, what happened? Have you ever been on parole? Was this a case of mistaken identity? What...
  17. CdwJava

    How and when to file for DNA test when the possible father is your son who is 13

    Doubtful that much inducement would have been required, but possible. But, the OP needs to understand that when the police get involved her son can also be charged with the same crime. Juvenile crimes are what I deal with daily ... and I have dealt with scenarios very similar to this a number...
  18. CdwJava

    How and when to file for DNA test when the possible father is your son who is 13

    Ah, missed the age in the title of the thread. Yes, a crime has occurred ... actually, two. Under CA law the 13 yr. old boy is also guilty of a criminal offense as PC 261.5 does not specify that the older of the two is guilty, only that it is unlawful for any person to engage in sexual...
  19. CdwJava

    How and when to file for DNA test when the possible father is your son who is 13

    Is your son an adult, or a minor? He should immediately consult an attorney and seek to establish paternity if this is what he wants. Until paternity is established, he has no grounds to do anything. And even if paternity IS established, it will do nothing to change the placement of his...
  20. CdwJava

    What makes us bound to the law in the first place?

    Google: "social contract."
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