Blog

What is "pretrial services" in Denver Colorado?

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

Denver's Pretrial Services program helps criminal court judges to determine whether a particular defendant is safe to be released on bond pending the trial and on what conditions. And if the defendant does get released, Pretrial Services may supervise the defendant's whereabouts and sobriety during this "pretrial" period.

Does gender affect BAC?

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

Gender does affect BAC, or blood alcohol concentration. Women will reach a higher BAC than men if the two genders consume alcohol at a similar rate. There are three main reasons why a female will reach a higher BAC than a male. These are: women have lower water content in their bodies than men, females tend to have more body fat than males, and the enzyme that absorbs alcohol in the body is less widespread in women than it is in men. Other factors that may affect a party’s blood alcohol concentration include: age, food, rate of consumption, weight, and stress.

Top 5 causes of eyewitness misidentification

Posted by Neil Shouse | May 10, 2019 | 0 Comments

The top 5 causes of eyewitness misidentification are: limitations in human memory, witness stress and anxiety, suggestive or misleading police procedures, cross-race biases, and the fact that witnesses tend to focus more on weapons than a perpetrator’s identity.

How to get deferred sentencing on a misdemeanor in Colorado

Posted by Neil Shouse | May 08, 2019 | 0 Comments

It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety.

How long does a bench warrant last in California?

Posted by Neil Shouse | May 06, 2019 | 0 Comments

A bench warrant (“BW”) issued in California does not expire. It remains in effect until either: the subject of the warrant dies, or the warrant gets cleared. In California, a person can clear a BW by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. If a bench warrant does not get cleared, a person risks getting arrested and a judge may: release the party with a warning, or order the party into jail.

Can a person recant a statement in a police report?

Posted by Neil Shouse | May 03, 2019 | 0 Comments

Any person who gives a statement to the police in California may decide to recant that statement. But, even if a statement gets recanted, people must know that: a prosecutor can still choose to file criminal charges against a defendant, and if a person recants a statement because it was false, then the party may face criminal consequences. These consequences include being charged with: giving false information to a police officer, per Vehicle Code 31, and obstructing justice, per Penal Code 148. Recanting a statement means that a person wants to retract, withdraw, or take back a previous statement that he made to law enforcement personnel.

Is embezzlement a felony in California?

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

The embezzlement of a firearm is always a felony under California criminal law. In other embezzlement cases, per California Penal Code 503, the crime is a form of California grand theft and may be charged as a felony if the embezzled property is: an automobile, or property worth more than $950. In embezzlement cases where the embezzled property is worth $950 or less, the offense is a form of California petty theft and is charged as a misdemeanor. The crime of embezzlement in California is when a person fraudulently appropriates property that: belongs to someone else, and has been entrusted to him.

What is the California division of Pretrial Assessment Services?

Posted by Neil Shouse | Apr 26, 2019 | 0 Comments

Pretrial Assessment Services (PAS) is a division of California criminal courts that determines whether newly-arrested defendants should remain in jail or get released on their own recognizance (OR) while they are pending trial. PAS conducts "pretrial risk assessments" of newly-arrested people to determine whether they are at a low-, medium-, or high-risk of: hurting someone else if they are released from custody on their own recognizance, or missing future court appearances if they are released from custody on their own recognizance. Defendants with a low-risk grade may be freed from jail on their OR pending trial. Meanwhile, medium-risk defendants may or may not get released from jail - PAS holds a prearraignment review to make this decision. Finally, high-risk defendants remain in jail pending the trial.

Is shoving someone considered an assault in California?

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

Shoving someone can be considered both: an assault, per California Penal Code 240, and a battery, per California Penal Code 242. California law says that an assault is an attempt to commit a violent injury on someone else. Shoving a person can definitely equate to trying to hurt another person. The law also says that a battery is any willful and unlawful use of force or violence on someone else. Again, a shove can definitely be viewed as a willful and unjustified use of force on a person. Both simple assault and simple battery are charged as misdemeanors in California. Both are also punishable by up to six months in a county prison.

What is California law for illegal use or possession of benzodiazepines?

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

Under California law, it is a crime for a person to either: use and be under the influence of a benzodiazepines, per Health and Safety Code 11550, or possess them, unless lawfully prescribed, per Health and Safety Code 11375. Benzodiazepines, also known as “benzos,” are the most commonly abused type of prescription drug in the United States. Common drugs of this type include: Valium, Xanax, Klonopin, and Ativan. A violation of HSC 11550 is charged as a misdemeanor in California. The crime is punishable by: imprisonment in the county jail for up to one year, and drug counseling. A violation of HSC 11375 can either be charged as a misdemeanor or a felony depending on the facts of a given case. Either charge can lead to imprisonment for up to a year or even more.

Is burglary a felony or a misdemeanor in California?

Posted by Neil Shouse | Apr 12, 2019 | 0 Comments

The determination as to whether a California burglary offense (under Penal Code 459) gets charged as a felony or a misdemeanor depends on whether the crime is charged as a: first-degree burglary, or a second-degree burglary. First-degree burglary is burglary of a residence and it is always charged as a felony. Second-degree burglary is burglary of any structure other than a residence, and it can be charged as either a felony or a misdemeanor at the discretion of the prosecutor. First-degree burglary is punishable by imprisonment in the California state prison for: two years, four years, or six years. Second-degree burglary is punishable by imprisonment in a county jail for up to three years.

Do criminal attorneys in California offer payment plans?

Posted by Neil Shouse | Apr 12, 2019 | 0 Comments

Criminal attorneys in California may offer payment plans. They are not required to do so though. It is in the lawyer’s discretion as to whether he will offer this form of payment. And, if provided, the lawyer might still require a retainer up front, or a fee paid prior to any formal representation. In addition to payment plans, California criminal lawyers may: charge clients by the hour, or offer a fixed fee for their legal services. The exact amount that a criminal attorney will charge a client will depend on a number of factors, including: the complexity of the case, the criminal charges involved, and the lawyer’s experience.

Is a butterfly knife illegal in Nevada?

Posted by Neil Shouse | Apr 10, 2019 | 0 Comments

Butterfly knives are generally legal in Nevada. However, people who take a butterfly knife with a blade of at least two (2) inches long to a school may face criminal charges if they are also trespassing, loitering, causing a nuisance, or defacing school property. And any pupils who take any butterfly knife to school face expulsion, even if they cause no other trouble.

When is indecent exposure charged as a felony?

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

While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge. Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE.

Are nunchucks illegal in Nevada?

Posted by Neil Shouse | Apr 08, 2019 | 0 Comments

Nunchucks are illegal for people to use or possess if they intend to inflict harm on someone else or if they take them on school property. Illegally possessing or using nunchaku (which is how Nevada law refers to nunchucks) is typically a gross misdemeanor in Nevada. The penalty is: up to 364 days in jail, and/or up to $2,000 in fines.

Excuses for failure to appear in court: What will and won’t convince the judge?

Posted by Neil Shouse | Apr 06, 2019 | 0 Comments

There are three good excuses for a defendant to use if he fails to appear in a California court for his criminal charges. These are that his failure to appear: was not on purpose (e.g., he was unaware of the court date), was not meant as an intent to evade the court, and occurred because he never signed an agreement to appear in court. A few excuses that will never convince a judge include: the defendant did not feel like appearing in court, the accused ignored the court date because he is innocent, and the defendant had a social gathering to attend. Please note that the failure to appear in court, if inexcusable, may be grounds for a criminal offense under California Penal Code 1320 and 1320.5. And, this offense can be charged in addition to the offense the defendant failed to appear for.

Why does eating before drinking reduce a BAC?

Posted by Neil Shouse | Apr 02, 2019 | 0 Comments

Eating before, or during the course of drinking, slows the rate at which alcohol is absorbed into a person’s body. This decrease in absorption means less alcohol enters the bloodstream, as compared to the situation when no food is eaten. Less alcohol entering the bloodstream results in a lower blood alcohol concentration (“BAC”). Other factors that may affect a party’s BAC include: age, gender, rate of consumption, weight, and stress. BAC is the measure of the amount of alcohol in someone's bloodstream. Blood alcohol concentration is expressed as a percentage – for instance .08%. The higher the number, the more alcohol there is in a person's bloodstream. California's “legal limit” for BAC depends on the driver's age and the type of vehicle driven. A common legal limit that leads to a “DUI per se “charge in California is .08% for adult drivers (of non-commercial vehicles).

Are brass knuckles illegal in Nevada?

Posted by Neil Shouse | Apr 02, 2019 | 0 Comments

Yes. Brass knuckles are prohibited in Nevada. Possessing metal knuckles (which is what Nevada law calls brass knuckles) is usually a gross misdemeanor in Nevada, carrying: up to 364 days in jail, and/or up to $2,000 in fines.

Can a civil compromise get a hit and run charge dismissed?

Posted by Neil Shouse | Mar 28, 2019 | 0 Comments

A civil compromise (“CC”) can get a hit and run charge dismissed in California provided that: the offense gets charged as a misdemeanor (and not a felony), and the defendant compensates the victim for any damages that the crime caused. Civil compromises take place in California criminal proceedings when a judge dismisses a criminal charge against a defendant after he compensates the victim for any damages his offense caused. A CC is only available in misdemeanor cases. They are not allowed in felony cases. Under California law, hit and run (“H&R”) is considered a crime under Vehicle Code 20001 and 20002. The crime is charged as a felony, per VC 20001, when the offense results in a person being injured or killed. In most other scenarios, VC 20002 says that a hit and run will be charged as a misdemeanor.

What is the BAC limit in Denver?

Posted by Neil Shouse | Mar 28, 2019 | 0 Comments

Denver's blood alcohol content (BAC) limit is: Below .05% for the Colorado crime of driving while ability impaired (DWAI), and below .08% for the Colorado crime of driving under the influence (DUI).

  • 1 of 37

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370