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In California, it's indeed improper for an attorney who is not a juror to be present during jury deliberations. This could potentially be grounds for a mistrial or an appeal.
To move forward, you may want to:
- Consult with your attorney about filing a motion for a mistrial or an appeal.
- Gather any evidence or testimonies regarding the attorney's presence in the jury room.
Would you like more information on how to file a motion or appeal?

What if I’ve been contacting my attorney, texting, calling and haven’t seen my attorney since deliberations. So what can I do?

If your attorney is unresponsive, consider the following steps:
- File a complaint with the California State Bar.
- Seek alternative legal counsel to discuss your case and potential next steps.
- Document all attempts to contact your attorney.
Would you like information on how to find another attorney?

My attorney knows that the DA was in the room while Doing deliberations. That’s why she’s not answering my calls

It seems like a serious issue if the DA was present during jury deliberations. Here are your options:
- File a complaint with the California State Bar against your attorney for unresponsiveness.
- Seek alternative legal counsel to discuss filing a motion for a mistrial or an appeal.
Would you like help finding another attorney?

Can you get a private attorney after a conviction to file the proper motion before sentencing

Yes, you can hire a private attorney after a conviction to file the appropriate motions before sentencing. It’s crucial to act quickly, as timing can be vital in these cases.
Would you like information on how to find another attorney or how to file a motion?

Yes

Given the seriousness of the issue (a potential mistrial due to the DA being present during jury deliberations) and the unresponsiveness of your current attorney, hiring a private attorney is crucial.

~California State Bar Lawyer Referral Service
Phone: (*) *-*
Website: www.calbar.ca.gov

Would you like more details on filing a motion for a mistrial or an appeal?

What if a juror state he or she is familiar with the prosecutor

If a juror states they are familiar with the prosecutor, this could potentially be grounds for a mistrial due to a conflict of interest or bias. Here's what you can do:
- Notify your attorney immediately.
- Document the juror's statement.
- Consider filing a motion for a mistrial.
Would you like more information on filing a motion for a mistrial?

Can jurors ask if they can take their note book home, typed notes or take their computer home? Is that a preference of personal interest?

Jurors are generally not allowed to take their notebooks, typed notes, or computers home during a trial, as this could compromise the integrity of the deliberation process. Jurors must rely on the notes and information available to them in the jury room.
Would you like more information on the rules and guidelines for jurors in California?

Yes

In California, jurors are typically prohibited from taking notebooks, typed notes, or computers home to maintain the integrity of the deliberation process.
For more detailed guidelines on juror rules:

~California Courts Jury Service~
Phone: (*) *-*
Website: www.courts.ca.gov/juryservice.htm

Would you like assistance on anything else related to your case?

What sentence does conspiracy to commit murder holds

In California, conspiracy to commit murder is a serious offense. Here are the potential sentences:
- Life imprisonment with the possibility of parole.
- 25 years to life in prison.
Would you like more details on the legal process or any other aspect of your case?

Yes

In California, conspiracy to commit murder is dealt with severely. The sentences can include life imprisonment or 25 years to life. It seems like you're dealing with multiple complex issues, including potential legal misconduct and serious charges.
Would you like more information on the legal process for conspiracy charges or assistance with any other aspect of your case?

What’s the difference between an arrest warrant and a search warrant

An arrest warrant and a search warrant serve different purposes:
- Arrest Warrant: Authorizes law enforcement to detain and arrest a person. Issued based on probable cause that the person committed a crime.
- Search Warrant: Authorizes law enforcement to search a specific location for evidence related to a crime. Issued based on probable cause that evidence of a crime will be found in the specified location.
Would you like more information on how warrants are issued and executed in California?

Yes

An arrest warrant and a search warrant serve different purposes:
- Arrest Warrant: Authorizes law enforcement to detain and arrest a person. Issued based on probable cause that the person committed a crime.
- Search Warrant: Authorizes law enforcement to search a specific location for evidence related to a crime. Issued based on probable cause that evidence of a crime will be found in the specified location.
For more detailed information on warrants in California:

~California Courts Jury Service~
Phone: (*) *-*
Website: www.courts.ca.gov/juryservice.htm

Would you like assistance with any other legal questions or aspects of your case?

What is a violation of the 5th amendment

The 5th Amendment primarily protects against self-incrimination, double jeopardy, and ensures due process. Violations can include:
- Forcing someone to testify against themselves.
- Trying someone twice for the same crime.
- Denying someone due process of law.
Would you like more details on any specific aspect of the 5th Amendment?

Can a person be charged with a crime they did not commit and have a arrest warrant

Yes, a person can be charged with a crime they did not commit and have an arrest warrant issued against them. The legal system relies on probable cause, which can sometimes lead to mistakes.
- Arrest Warrant: Issued based on probable cause.
- Legal Options: Seek legal counsel immediately. Consider filing a motion to dismiss based on insufficient evidence or wrongful arrest.
Would you like more information on how to contest an arrest warrant?

If you have an arrest warrant of a person of interest can they search the primisses

If law enforcement has an arrest warrant for a person of interest, they generally cannot search the premises without a separate search warrant. However, they can perform a limited search of the area for safety reasons.
Would you like more information on the legal requirements for search and arrest warrants in California?

With if they only have an arrest warrant

If law enforcement only has an arrest warrant, they cannot search the premises without a separate search warrant. However, they can perform a limited search for safety reasons, like ensuring no one else is hiding who could pose a threat.
Would you like more details on your rights during such situations or any other legal questions?

I have an arrest warrant and they still search the premises and allowed others to leave the premises

It appears you might have experienced a violation of your rights. Typically, an arrest warrant doesn't permit a full search of the premises without a separate search warrant. However, a limited search for safety is allowed.
Would you like more information on how to contest this search or your rights in this situation?

Yes

If law enforcement searched your premises with only an arrest warrant, it might be grounds for contesting the search if they exceeded their authority. Here are some steps you can take:
- File a motion to suppress any evidence obtained from the search.
- Consult with a criminal defense attorney immediately.
Would you like more details on how to file a motion to suppress, or assistance in finding a criminal defense attorney?

What rights is that

In the circumstances you described, your rights under the Fourth Amendment, which protects against unreasonable searches and seizures, may have been violated. Specifically:
- Fourth Amendment: Protects against unreasonable searches and seizures. Law enforcement needs a search warrant to conduct a full search, even if they have an arrest warrant.
Would you like more details on how to file a motion to suppress evidence or assistance in finding a criminal defense attorney?

Can a suspect be detained for two days without a case being filed for charges

In California, a suspect can be detained for up to * hours (excluding weekends and holidays) without charges being filed. After this period, they must be released if no charges are filed.
Would you like more information on what to do if you're detained beyond this period?

If I was arrested January * at 6am and I have documents that states that on February 2nd case was being presented to the district attorney to consider filing charges

In California, if you were arrested on January * and the case was only presented to the district attorney on February *, it seems more than * hours have passed before charges were considered. This could be a violation of your rights.
Would you like more information on how to file a motion for release or seek legal counsel?

What rights

Your rights in this situation involve the Fourth Amendment, which protects against unreasonable searches and seizures, and the right to due process under the Fifth and Fourteenth Amendments. Here are key points:
- Fourth Amendment: Protects against unreasonable searches and seizures.
- Due Process: Right to be charged or released within * hours.
Would you like more details on how to file a motion for release or seek legal counsel?

Under what penal code is this

In California, the relevant penal code sections for your situation could include:
- Penal Code § *: Requires that an arrested person be taken before a magistrate without unnecessary delay, and in any event, within * hours of arrest, excluding Sundays and holidays.
- Penal Code § *.*: Provides the procedure to file a motion to suppress evidence obtained through unlawful searches and seizures.
Would you like more details on how to file these motions or seek legal counsel?

Yes

To file the relevant motions in California, you may need to follow these steps:
*. Motion to Suppress Evidence (Penal Code § *.*):
- Draft the motion citing the unlawful search and seizure.
- Submit it to the court where your case is being heard.
*. Motion for Release (Penal Code § *):
- Argue that you were held longer than * hours without charges.
For detailed assistance, consider contacting a criminal defense attorney.
Would you like help finding a criminal defense attorney or more details on filing these motions?

What are motions for direct verdict for dimisal

Motions for a directed verdict and motions for dismissal serve different purposes in a trial:
- Motion for Directed Verdict: Typically made during a trial, this motion asks the judge to rule in favor of the moving party because the opposing party has not presented sufficient evidence to support their case.
- Motion for Dismissal: Can be made at various stages of the legal process, requesting the court to dismiss the case on specific grounds, such as lack of evidence, lack of jurisdiction, or violation of rights.
Would you like more detailed information on how to file these motions?

What are considered final motions before closing arguments

Final motions before closing arguments usually include:
- Motion for Directed Verdict: Requesting the judge to rule in favor of the moving party due to insufficient evidence presented by the opposing party.
- Motion to Dismiss: Asking the court to dismiss the case on specific grounds.
- Motion for Mistrial: If there were significant errors or misconduct during the trial.
Would you like more details on how to file any of these motions?

What are motions after verdict

Motions made after a verdict in a criminal case can address various issues that occurred during the trial or the verdict itself. Common post-verdict motions include:
- Motion for a New Trial: Argues that significant errors occurred during the trial that affected the verdict.
- Motion to Set Aside the Verdict: Claims that the verdict was not supported by the evidence.
- Motion for Judgment Notwithstanding the Verdict (JNOV): Asks the judge to reverse the jury’s verdict on legal grounds.
Would you like more details on how to file any of these motions, or assistance with finding legal counsel?

What if the verdict doesn’t match the evidence

If the verdict doesn't match the evidence, you have several options to challenge it. Here are some key steps:
- Motion for a New Trial: Argue that errors or misconduct occurred during the trial that affected the verdict.
- Motion to Set Aside the Verdict: Claim the verdict lacks sufficient evidence.
- Appeal: Request a higher court to review the case for legal errors.
Would you like more details on how to file any of these motions or assistance in finding legal counsel?

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