FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Search results

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.

1. May officers detain visitors during probation searches?
  
  If you are referring to their associating together, I'm not so sure ... not all terms of probation prohibit contact with other probationers. In fact, most tend not to. In my experience PAROLE conditions are far more likely to contain such a provision than probation terms. PRCS can be a mixed...
  CdwJava
  
  Post #32
  
  Apr 3, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
2. May officers detain visitors during probation searches?
  
  More than likely, they simply asked him to step outside while they conducted a search and asked him who he was. That's how it USUALLY goes down. Which fails to point out that there is very questionable legal authority to lock people down in their homes. Arguably, neither state state nor local...
  CdwJava
  
  Post #31
  
  Apr 3, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
3. May officers detain visitors during probation searches?
  
  True enough. But, we do not know what was said or indicated by the parties involved. He may well have gone along with the program ... and then, of course, in this case the guest WAS under supervision and identified as being on PRCS so that would have ended any question at that point. For...
  CdwJava
  
  Post #27
  
  Apr 2, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
4. May officers detain visitors during probation searches?
  
  I assume you mean the question of a custodial arrest. Well, unless there was a new serious, violent felony, the jail will almost certainly NOT accept the booking for a probation violation. Booking someone on a VOP alone is already a difficult thing to do in most counties (thank you AB 109 and...
  CdwJava
  
  Post #23
  
  Apr 2, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
5. May officers detain visitors during probation searches?
  
  And, even if it DID violate some local order (and I have not seen one that is clearly lawful), NO ONE would go to jail for it. They're releasing felons and refusing misdemeanors, and encouraging local agencies to "long form" (i.e. write a report and submit for warrant at a later date)...
  CdwJava
  
  Post #19
  
  Apr 2, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
6. May officers detain visitors during probation searches?
  
  No, because the sheltering order (arguably) does not have the force of law in California. Some cities and counties are attempting to do this, but their legal justification is questionable.
  CdwJava
  
  Post #17
  
  Apr 2, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
7. May officers detain visitors during probation searches?
  
  California has among the most stringent probation conditions in the US. Even the USSC has acknowledged this in some of their rulings. In short, California law enforcement or probation officers do not need ANY reasonable suspicion or probable cause to detain and search a person on probation or...
  CdwJava
  
  Post #15
  
  Apr 2, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
8. Denied firearm purchase for 2010 restraining order
  
  The Sheriff's Department where she lives may not have the most recent copy of any order - if they have any at all. Most CA departments try to file away orders that might effect their jurisdictions, but hard copies are inconsistently saved, and even if they did, they may not find their way clear...
  CdwJava
  
  Post #26
  
  Mar 30, 2020
  
  Forum: Domestic Violence & Abuse
9. Denied firearm purchase for 2010 restraining order
  
  As was stated, a permanent order is a unicorn in CA. In fact, I have never seen or come across one in 30 years. It MAY have been a 5 year order, and MAY have been extended in 2015. But, until you can obtain a copy from the issuing court you will not know for sure. It's also possible that the...
  CdwJava
  
  Post #24
  
  Mar 30, 2020
  
  Forum: Domestic Violence & Abuse
10. DMV - Order of Suspension
  
  File for the haring. That should continue the suspension action until after the hearing. And, with DMV offices being closed, unless they offer a telephonic hearing as the only option, they will have to put the action off. The DMV operates under their own rules and guidelines, and they can...
  CdwJava
  
  Post #3
  
  Mar 28, 2020
  
  Forum: Speeding and Other Moving Violations
11. Violating no contact order
  
  The problem is that you knowingly and intentionally violated a no contact order that was still in place. Regardless of whether or not the protected party said it was fine and went along with it, you still violated a court order. These situations place ALL the power in the hands of the...
  CdwJava
  
  Post #5
  
  Mar 28, 2020
  
  Forum: Domestic Violence & Abuse
12. Where do I find information?
  
  Is there any other family you can contact about it? If the matter went to court in probate, there may be some court record in Orange County, but it might take some doing to find a will. Why is it an issue now since it has been "several years"?
  CdwJava
  
  Post #2
  
  Mar 13, 2020
  
  Forum: Probate and Personal Representatives
13. Extradition from foriegn country - likely or not ?
  
  Of course, most countries might unceremoniously reject or eject your friend because of his criminal history and warrants. So, his traveling ANYWHERE may be moot.
  CdwJava
  
  Post #30
  
  Mar 12, 2020
  
  Forum: Drug Charges
14. No action on Conditional Use Permit Violations
  
  Is your REAL objection to the property the fact that the building is to be used for the intended purpose as a "mental health drug/alcohol abuse respite"? Are you seeking to delay or cease the facility's use and this is the only angle you could find? Or, are you truly obsessive and concerned...
  CdwJava
  
  Post #16
  
  Mar 12, 2020
  
  Forum: Other Government & Administrative Law Matters
15. I had an accident
  
  You'll have to provide a bit more detail. What state are you in? How did the accident occur? What kind of damage occurred? How did you determine the responsible party (were you there, was their evidence, are you guessing)? Is there a police report? Have you reported it to the other party's...
  CdwJava
  
  Post #2
  
  Mar 6, 2020
  
  Forum: Auto Accidents and Vehicle Claims
16. Injured from being rear ended - CA
  
  I know firsthand about the results of a collision, liability, and bankruptcy to avoid judgement. In July 2018 one of my sons struck a horse that had gotten out of a paddock adjoining a freeway in the dark of night. At 11:45 PM three horses ran across the freeway from a break in the fence that...
  CdwJava
  
  Post #10
  
  Mar 4, 2020
  
  Forum: Auto Accidents and Vehicle Claims
17. Search regulations for probationees and their housemates
  
  Unless the police or Probation have been knocking on his door at oh-dark-thirty already, there is no reason to believe that they will suddenly start doing so. Generally, unless there is some reason to believe there is a problem they’re not going to suddenly start playing hard-ass.
  CdwJava
  
  Post #12
  
  Feb 25, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
18. Search regulations for probationees and their housemates
  
  Anything and any place the probationer has access to is, arguably, subject to search. If you do not like the conditions, youI can ask him to leave or put him up in a separate room and make sure he has no access to yours and to any of your personal property items. Since you share a room...
  CdwJava
  
  Post #11
  
  Feb 25, 2020
  
  Forum: Arrests, Searches, Warrants & Procedure
19. Did I miss proof??
  
  No facial recognition, simply pulling up the driver's license photo of the suspected driver (starting with the R/O) in Cal-Photo (connected to the DMV) or any other local database that they might have. They compare the image of the offender with the registered owner and then any other people...
  CdwJava
  
  Post #17
  
  Feb 12, 2020
  
  Forum: Speeding and Other Moving Violations
20. Did I miss proof??
  
  If you run a red light and it is captured via camera, a technician and/or an officer will attempt to identify the driver (you). If you are identified, a CITATION (notice to appear) will be sent to the address on your license. If you were not identified, then a notice requesting the registered...
  CdwJava
  
  Post #15
  
  Feb 11, 2020
  
  Forum: Speeding and Other Moving Violations

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

data-ad-format="auto">