QUESTION: I plead to residential burglary and received a strike. Can my strike be drop and crime reduced? Nobody was home it was in 2014 I got out and now in prison on new beef can I get half time now ANSWER: You could have filed a Romero motion to have the previous strike set aside…
QUESTION: Is it standard practice that the DA drafts jury instructions and verdict forms and that the Defense attorney does not submit such, but merely comments, argues &/or opposes such? ANSWER: No, I would say it’s the exception when a defense attorney isn’t seeking jury instruction beyond what the prosecution is proposing. And it is something…
QUESTION: We got arrested for trespassing in October. Our court date is in December, but recently we had cops called out and I had said something to that officer that may not be so good.. Is that going to show up in court?? ANSWER: Your question is somewhat open to interpretation. If the police were…
QUESTION: Got detained under suspicion of shoplifting at Kohl’s. No police were involved and I was made to sign 2 things: 1 form stating I would stay away from the store and another stating that a civil demand letter is coming my way (which I will most likely not sign due to the questions I’ve…
QUESTION: 19 yr old military dating 16 yr old civilian? ANSWER: Dating, in the most innocent sense of the phrase, would not necessarily create a problem. But be advised that while Article 120 of the Uniform Code of Military Justice effectively establishes the age of consent as 16, California law places the age of consent…
QUESTION: My friend was arrested right after a fight but let go because the D.A. didn’t file. He was arrested about a month later in another state but let go because the police didn’t pick him up. He was arrested a third time at the airport. Is there a limit to how mlany times you…
QUESTION: I had a friend lease my couch with a verbal agreement no drugs in my house if caught with it he would be asked to leave. The cops came last night and said he has the right to live here until the management kicks him out ANSWER: “No negative contact” in the context of…
QUESTION: What does CA consider harmful matter to minors? What can I not share with my children, specifically in the way of sex education and sexual materials? ANSWER: Penal Code Section 313 defense harmful matter as “matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest,…
QUESTION: Are there legal concerns regarding erections at nude beaches or the Folsom Street Fair?Are people legally required to cover them because they are a sexual function? ANSWER: Penal Code Section 314 reads in relevant part, “Every person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or…
QUESTION: In Ca. if you fail to appear at arraignment due to confinement in mental hospital & have no Atty, can court proceed with case? Prosecutor knew of defendants confinement but withheld info from court in order to have bench warrant issued. Is this legal? ANSWER: If you were unable to appear at your arraignment due…
The Law Office of Peter Depew will defend anyone against any charge of violating a PC, including (but not limited to) the following: Penal Code 21a | Attempted Crimes Penal Code 32 | Accessory After the Fact Penal Code 67 & 68 | Bribery of Public Employees Penal Code 69 | Resisting an Executive Officer Penal Code 85 &…
The Law Office of Peter Depew will defend anyone against any charge of violating the California VC, including (but not limited to) the following: Vehicle Code 20 VC | False Statements to the DMV or CHP Vehicle Code 31 | Providing False Information to a Peace or Police Officer Vehicle Code 2800.1 | Evading a…
The Law Office of Peter Depew will defend anyone against any charge of violating the HS Code, including (but not limited to) the following: Health & Safety Code 11153 | Misuse of Prescription Medicine Health & Safety Code 11156 | Prescribing Controlled Substances to an Addict Health & Safety Code 11173 | Doctor Shopping &…
The Law Office of Peter Depew will defend anyone against any charge of violating a BP Code, including (but not limited to) the following: Business & Professions Code 2052 | Unauthorized Practice of Medicine Business & Professions Code 4324 | Forging or Altering a Prescription Business & Professions Code 6126 | Unauthorized Practice of Law…
