Felony Assault in Colorado

Posted by Neil Shouse | Aug 22, 2019 | 0 Comments

In Colorado, felony assault is a charge of assault that is a felony, rather than a misdemeanor. An assault involves intentionally or even recklessly hurting someone. Felony assaults often involve deadly weapons.

Does Colorado have a Romeo and Juliet law?

Posted by Neil Shouse | Aug 20, 2019 | 0 Comments

Yes. A child under age 15 in Colorado can consent to sexual penetration with a person who is within four (4) years of his or her age. And a child age 15 or 16 can consent to sexual penetration with a person who is within ten (10) years of his or her age. Otherwise, the older person faces charges for the Colorado crime of statutory rape (C.R.S. 18-3-402).

Can a minor in California be places in solitary confinement?

Posted by Neil Shouse | Aug 18, 2019 | 0 Comments

On January 1, 2018, the California State Legislature enacted specific guidelines concerning minors in solitary confinement in a juvenile detention facility.  Previously, there were no guidelines on solitary confinement.  First, you will not find the term “solitary confinement” in Section 208.3 o...

What is the effect of a DUI record on college admission?

Posted by Neil Shouse | Aug 16, 2019 | 0 Comments

If a college applicant has a DUI record, the school or university may do one of three things. These are: deny the applicant, may or may not deny the applicant while using the DUI as a factor in the decision, or ignore the DUI and accept the applicant. The determination as to which one of these three happens depends on: the policies of the college, and/or the severity and details surrounding the DUI. In general, the same three possibilities will apply with admissions to universities post college (e.g., admissions for a master’s degree or admissions to law or medical schools).

What Happens at an Extradition Hearing?

Posted by Neil Shouse | Aug 15, 2019 | 0 Comments

Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by an agent of the demanding state. The state where the fugitive is found is called the asylum state. The state that wants the fugitive returned is called the demanding state.

Can I be arrested in California if I have a misdemeanor bench warrant from out of state?

Posted by Neil Shouse | Aug 13, 2019 | 0 Comments

It is possible for a person to be arrested in California if he has a bench warrant from out of state. The fact that a judge issues a bench warrant against a person typically gets put into an interstate computer network. This means that the warrant will show up out of state if the police check the person’s background. If the party is stopped, therefore, in California, and the warrant from the other state shows up, the party can be arrested and held until the warrant state decides whether to extradite him back.

What is the time between an arrest and trial in California?

Posted by Neil Shouse | Aug 09, 2019 | 0 Comments

The time between a crime and trial in California depends on whether the defendant committed a misdemeanor or a felony. An accused has a right to a “speedy trial” in his criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. California has provided further details on what “speedy” is with Penal Code 1382. According to this statute: in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of his arraignment. in felony cases, a defendant has the right to go to trial within 60 days of his arraignment. An arraignment typically takes place 48 hours to a few weeks after an arrest.

What are the penalties for violating probation in Los Angeles County?

Posted by Neil Shouse | Aug 05, 2019 | 0 Comments

Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can: revoke probation, and sentence the defendant to up to the maximum term of the offense for which he was committed. Depending on the facts of a case, a judge may also: revoke probation and sentence the defendant to the maximum penalty allowed under the law, impose tougher probation conditions, extend the length of the probation, and/or order counseling.

Does California Have a Romeo and Juliet Law?

Posted by Neil Shouse | Jul 30, 2019 | 0 Comments

No, California does not have a Romeo and Juliet law. In California it is illegal for anyone to engage in sexual intercourse with a minor. Even another minor. A Romeo and Juliet law says it is not always a crime to have consensual sex with a minor. But the guidelines are very specific. Texas, for example, has a Romeo and Juliet law. It states that a person: between the ages of 14 and 17 can consent, with someone within three years of their age, so long as the other consenting party is at least 14. Age of consent means the age at which a person can legally consent to sexual intercourse.

What are the chances of a defendant winning a domestic violence case?

Posted by Neil Shouse | Jul 30, 2019 | 0 Comments

A defendant’s exact chances of winning a domestic violence case in California depends on the facts of his case and the strength of his legal defense. Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense of someone else, and/or the defendant was falsely accused.

What Is A Misdemeanor Pretrial Hearing? What Happens at One?

Posted by Neil Shouse | Jul 30, 2019 | 0 Comments

A pretrial hearing is a formal court hearing that takes place after the arraignment. Most misdemeanor cases will have several pretrial hearings. These hearings give an accused the opportunity to: deal with issues like illegal searches, address speedy trial rights, conduct defense investigation, obtain, test, and evaluate evidence, engage in plea bargaining. There are various motions that can be filed at the pretrial hearing stage. Common examples are: bail hearings to set or lower bail, suppression motions (to throw out illegally seized evidence), change of venue motions, evidence production or discovery motions, speedy trial motions.

What is California’s relaxed warrant requirement for forced blood draws?

Posted by Neil Shouse | Jul 24, 2019 | 0 Comments

A relatively new California law involving forced blood draws, in the context of DUI cases, states that no warrant is required for the draw when: an officer directs that a suspect’s blood be drawn to measure blood alcohol content (BAC), and the suspect freely and voluntarily chooses a blood test over a breath test. This law was established in 2018 in the California court case of People v. Gutierrez, 2018 S.O.S. 4910. Prior to this case, the law stated that while a breath test after a DUI arrest does not require a warrant, a warrant is still required for a blood draw.

Does violating a restraining order stay on your record in California?

Posted by Neil Shouse | Jul 22, 2019 | 0 Comments

Violating a restraining order (“RO”) does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged as either a misdemeanor or a felony, depending on the facts of the case. A guilty conviction of either charge, though, goes directly on the defendant’s record.

Can a bench warrant be dropped in California?

Posted by Neil Shouse | Jul 20, 2019 | 0 Comments

Most California courts will not recall or drop a bench warrant (“BW”) on their own. The best way for a person to clear a BW in California is typically by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. Please note that it is critical for a party to contact an experienced California warrants attorney when trying to recall a bench warrant. If a person appears in court in an attempt to clear a warrant, the judge does have the option to place the party in custody. Thus, a lawyer is important to help ensure that this does not happen.

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