Criminal procedure & trial evidence answers, page 2
Court procedure, trial evidence, police questioning, searches and other criminal case questions.
Answers 56 to 110 of 326
Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.
Can I be criminally charged for not filing a California state tax return?
Unfiled California returns bring civil penalties; they become a crime when willful with intent to evade (RTC 19706) or a 2-year, $15,000 pattern (19701).
Read answer Criminal procedure & trial evidenceLegal answerCan I challenge a California search warrant when its affidavit is sealed?
A sealed warrant affidavit does not end a challenge. Learn how California courts review confidential portions, probable cause, and the limits of disclosure.
Read answer Criminal procedure & trial evidenceLegal answerCan I challenge the translation of a recording offered at trial?
A disputed English translation of a foreign-language recording can be tested through the source audio, translator foundation, specific differences and jury instructions.
Read answer Criminal procedure & trial evidenceLegal answerCan I choose a judge instead of a jury for my California criminal trial?
Understand who must consent to a California criminal jury waiver, what a judge decides in a bench trial, and why the record and case scope matter.
Read answer Criminal procedure & trial evidenceLegal answerCan I demand trial on another California charge while serving a sentence?
A person serving a qualifying California sentence may deliver a written Penal Code 1381 demand for a pending state charge. Eligibility and receipt date control.
Read answer Criminal procedure & trial evidenceLegal answerCan I get a California real estate license with a felony?
A felony does not automatically bar a California real estate license. See how initial applications, rehabilitation, disclosure and current licensee reporting differ.
Read answer Criminal procedure & trial evidenceLegal answerCan I get my name removed from California's Megan's Law website?
California's Megan's Law website exclusion is a narrow DOJ application under Penal Code 290.46(d). Who qualifies, form CJIS 4046D, and the 290.5 alternative.
Read answer Criminal procedure & trial evidenceLegal answerCan I Get or Renew a U.S. Passport With an Outstanding Warrant?
An outstanding felony arrest warrant may affect a U.S. passport application. Check the warrant, travel order, written refusal, and review deadline.
Read answer Criminal procedure & trial evidenceLegal answerCan I keep alleged sentencing aggravators from the guilt jury in Kings County?
Kings Rule 513 sets a trial-readiness request for separating alleged sentencing aggravators from the guilt trial, subject to California evidence-overlap exceptions.
Read answer Criminal procedure & trial evidenceLegal answerCan I move to another California county while on probation?
A permanent move can trigger an intercounty supervision transfer. Learn what the court considers, how the motion works, and which terms continue.
Read answer Criminal procedure & trial evidenceLegal answerCan I preserve a witness’s testimony before a California criminal trial?
A conditional examination can preserve a material witness’s testimony before trial. Learn the qualifying circumstances, notice and later unavailability rules.
Read answer Criminal procedure & trial evidenceLegal answerCan I seek to disqualify the prosecutor in my California criminal case?
See when Penal Code section 1424 allows a prosecutor-disqualification motion, what evidence is needed, and why an apparent conflict alone is insufficient.
Read answer Criminal procedure & trial evidenceLegal answerCan I serve an Orange County jail sentence through the Community Work Program?
Orange County work release depends on the jail order and Sheriff screening. Check current Community Work Program terms, assignments, credits and fees.
Read answer Criminal procedure & trial evidenceCan I testify at my California criminal trial if my lawyer advises against it?
Learn who decides whether a California criminal defendant testifies, how to raise disagreement with counsel, and why the choice requires case-specific advice.
Read answer Criminal procedure & trial evidenceLegal answerCan I travel abroad while released on my own recognizance in California?
California own-recognizance release requires a promise not to leave the state without court leave. Check the signed agreement and order before travel abroad.
Read answer Criminal procedure & trial evidenceLegal answerCan I Travel While on Probation in California?
Travel on California probation depends on formal versus summary probation and your exact conditions. See the county, state, and international rules.
Read answer Criminal procedure & trial evidenceCan I withdraw my California guilty plea before sentencing?
Penal Code 1018 allows a timely request to withdraw a guilty plea for good cause. Learn the timing, evidence and limits before assuming the plea can be undone.
Read answer Criminal procedure & trial evidenceLegal answerCan keeping a child from another parent violate California Penal Code 278.5?
A Penal Code 278.5 charge turns on a lawful custody or visitation right and malicious deprivation. See the limited immediate-harm rule and its conditions.
Read answer Criminal procedure & trial evidenceLegal answerCan mental illness evidence challenge intent in a California criminal trial?
Mental-illness evidence may bear on whether required intent was formed. California bars diminished capacity and limits an expert’s ultimate opinion.
Read answer Criminal procedure & trial evidenceLegal answerCan my California criminal case require an out-of-state witness to testify?
A California court can request an out-of-state material witness through the Uniform Act, but a court in the witness's state must decide whether to compel attendance.
Read answer Criminal procedure & trial evidenceLegal answerCan my lawyer appear in California criminal court without me?
Counsel-only appearance depends on the charge, hearing and court order. California Penal Code 977 sets different misdemeanor, felony and remote rules.
Read answer Criminal procedure & trial evidenceLegal answerCan my lawyer arraign me by counter or fax in San Diego County?
San Diego allows eligible attorney counter or fax arraignments for some misdemeanors and infractions. Check exclusions, time waiver and court acceptance.
Read answer Criminal procedure & trial evidenceLegal answerCan my probation-hearing testimony be used at my later criminal trial?
California limits later use of testimony from a pretrial probation revocation hearing on related charges, but the rule has conditions and a perjury exception.
Read answer Criminal procedure & trial evidenceLegal answerCan my silence after an accusation be used as an admission in a California criminal case?
Learn what California courts examine before treating an accusation and your silence or reply as an adoptive admission in a criminal case.
Read answer Criminal procedure & trial evidenceLegal answerCan my spouse refuse to testify in my California criminal case?
California has separate rules for a spouse’s testimony and confidential marital communications. Learn who can claim each and when criminal-case exceptions apply.
Read answer Criminal procedure & trial evidenceLegal answerCan Parents Post Bail After a Juvenile Arrest in California?
California juvenile court does not use adult-style money bail. Learn when an officer, probation, or judge may decide whether a child is released.
Read answer Criminal procedure & trial evidenceLegal answerCan police act on an anonymous tip about me in California?
Police may check an anonymous tip, but a stop needs reasonable suspicion. Learn how tip reliability, corroboration and the later search are assessed.
Read answer Criminal procedure & trial evidenceLegal answerCan Police Collect DNA Without Consent in California?
A voluntary swab, qualifying felony-arrest sample, specific warrant and abandoned item follow different rules. Check the authority and circumstances before deciding what to do.
Read answer Criminal procedure & trial evidenceLegal answerCan police enter my home without a warrant to help someone?
Police may enter a home to address an objectively supported immediate threat, but a welfare call alone does not authorize a general search.
Read answer Criminal procedure & trial evidenceLegal answerCan police impound my car for 30 days for driving on a suspended license?
When California police can impound a car for 30 days under Vehicle Code 14602.6 for a suspended or revoked license, and how to get it released early.
Read answer Criminal procedure & trial evidenceLegal answerCan police question me again after I asked for a lawyer?
After a request for counsel during custodial interrogation, police recontact raises Edwards protections. Initiation, counsel presence and a custody break matter.
Read answer Criminal procedure & trial evidenceLegal answerCan police question me again after I said I wanted to stop?
A clear request to stop custodial questioning must be honored, but later interviews have a separate test. Learn what breaks, warnings, and reinitiation matter.
Read answer Criminal procedure & trial evidenceLegal answerCan Police Use a No-Knock Search Warrant in California?
A California magistrate cannot prospectively waive knock-and-notice. Learn what facts may justify an exception and why a violation alone does not guarantee suppression.
Read answer Criminal procedure & trial evidenceLegal answerCan Police Use an Arrest Warrant to Search a Home in California?
An arrest warrant may allow limited entry to find the named person at their own home. A third party's home, wider room search and phone data raise different authority questions.
Read answer Criminal procedure & trial evidenceLegal answerCan prior sexual conduct be used to challenge a sex-offense accusation?
California limits sexual-conduct evidence offered to prove consent. Learn how a section 782 sealed motion and judicial hearing may apply to a credibility offer.
Read answer Criminal procedure & trial evidenceCan prosecutors add a felony charge after the preliminary hearing?
A California information can include an offense shown by preliminary-hearing evidence even if absent from the holding order, within important limits.
Read answer Criminal procedure & trial evidenceCan prosecutors refile after my California criminal case was dismissed twice?
A second dismissal may bar refiling, but the result depends on the charges, dismissal grounds and statutory exceptions. Learn which court records to check.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors retry me after a California criminal mistrial?
A hung jury usually permits retrial, but the reason for a mistrial and any acquittals matter. California also has a narrow misconduct bar.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors use an old conviction against me if I testify at trial?
An old conviction is not automatically used when a defendant testifies. Learn California’s impeachment limits, court balancing, and the separate prior allegation.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors use an uncharged act against me at trial?
An uncharged act is not proof of guilt by itself. Learn when California permits a nonpropensity use and how similarity and prejudice affect admission.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors use my competency-exam statements at my California trial?
Court-ordered competency-exam statements have use protection at a later guilt trial, including impeachment. Review the exam order, report and proposed evidence.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors use my rap lyrics as evidence in a California criminal case?
California Evidence Code 352.2 requires special scrutiny before rap lyrics or other creative work reaches a criminal jury. Learn what matters to the ruling.
Read answer Criminal procedure & trial evidenceLegal answerCan prosecutors use my silence after arrest but before Miranda warnings?
Silence after arrest but before Miranda warnings is not always excluded. California’s Tom decision makes interrogation and a clear privilege invocation critical.
Read answer Criminal procedure & trial evidenceLegal answerCan reckless driving be charged for driving in a parking lot?
Vehicle Code 23103 reaches reckless driving in a parking lot only if the lot is an offstreet parking facility. Here is the test and what it means.
Read answer Criminal procedure & trial evidenceLegal answerCan Rule 35(b) Reduce My Federal Sentence for Help Given After Sentencing?
Rule 35(b) permits a government motion for substantial assistance after federal sentencing. Check the one-year clock, later-motion exceptions and who decides.
Read answer Criminal procedure & trial evidenceLegal answerCan sex-offense probation restrict my contact with minors?
A sex-offense probation order may restrict contact with minors. The exact condition, knowledge requirement, supervised-contact terms and other orders matter.
Read answer Criminal procedure & trial evidenceLegal answerCan taking an employer’s customer list become a criminal trade-secret theft case?
Not every customer list is secret. Section 499c requires value from secrecy, reasonable efforts to protect it, a specified unauthorized act, and intent.
Read answer Criminal procedure & trial evidenceLegal answerCan the California Highway Patrol arrest you?
California CHP officers have statewide peace-officer authority. See how the alleged offense and current law affect arrest, citation and custody decisions.
Read answer Criminal procedure & trial evidenceLegal answerCan the court order medication after finding me incompetent to stand trial?
A finding of incompetence does not alone permit forced antipsychotic medication. See the separate court findings and review steps under current Penal Code 1370.
Read answer Criminal procedure & trial evidenceLegal answerCan the defense request a pretrial lineup in California?
A California defendant may request a pretrial lineup in a suitable mistaken-identification case. Learn the materiality, timing, and court-discretion limits.
Read answer Criminal procedure & trial evidenceLegal answerCan the defense show what the prosecution left out of my statement?
If the prosecution offers only part of a defendant’s statement, California Evidence Code section 356 may allow connected context on the same subject. The excerpt and proposed remainder matter.
Read answer Criminal procedure & trial evidenceLegal answerCan the jury use a witness’s earlier accusation as evidence after a recantation?
A recantation does not necessarily keep an earlier accusation from the jury. California’s inconsistency, witness-opportunity, and cross-examination rules matter.
Read answer Criminal procedure & trial evidenceLegal answerCan the prosecution use a witness’s earlier matching statement after the defense challenges that witness?
When can the prosecution use a witness’s earlier matching statement after a credibility attack? California Evidence Code sections 791 and 1236 make the attack and timing matter.
Read answer Criminal procedure & trial evidenceLegal answerCan the prosecution use business records in a California criminal trial?
Learn what foundation California requires for business records at a criminal trial, how a custodian affidavit works, and when separate hearsay or confrontation questions may arise.
Read answer Criminal procedure & trial evidenceLegal answerCan the prosecutor require a mental examination if I use a defense expert at trial?
When a defense expert will testify about criminal mental state, Penal Code 1054.3(b) may allow a prosecution exam. The request, tests and use limits matter.
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