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Is there a statute of limitations for a probation violation in California?

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

There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a probationer violates any term or condition of his probation. If a violation does occur, then a judge may: revoke and terminate the person’s probation (and make the probationer serve out his suspended jail or prison sentence), or place the probationer back on probation, but subject to tougher probation conditions. Like probation violations, most crimes in California have a statute of limitations.

What Is the Statute of Limitations to File a DUI Charge?

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

A misdemeanor charge of driving under the influence (DUI) in California must be commenced within one year of the date it occurred. A felony DUI charge must be commenced within three years of the date it occurred. Commenced for statute of limitations purposes means when one of the following events takes place: an indictment or information is filed in felony cases, a complaint is filed charging a misdemeanor, the accused is arraigned on a complaint that charges him or her with a felony, an arrest warrant or bench warrant is properly issued. RULE: To determine whether an offense is a misdemeanor or a felony for statute of limitation purposes the maximum punishment for the offense is first examined.

What Are 5 Situations Where Domestic Violence is a Felony?

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

There are at least five situations where a person could be charged with felony domestic violence (DV) in California. Felony charges under Penal Code 273.5 could be filed if a person: inflicts corporal injury resulting in a traumatic condition upon an intimate partner, commits DV and has certain prior battery convictions within 7 years, commits DV and has a prior domestic battery conviction within 7 years, commits DV causing serious bodily injury, commits DV with force likely to cause great bodily injury. Domestic violence is a special relationship crime and there must be a prior relationship between the accused and the victim. The victim must be one of the following: a spouse or former spouse, a cohabitant or former cohabitant, a fiancé or fiancée, someone with whom the accused has, or previously had, an engagement or dating relationship, or the mother or father of the accused’s child.

Is it possible to get a sentence modified in Nevada?

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

It is an uphill battle for defendants in Nevada criminal cases to have their sentences shortened, but it is possible. Four methods of trying to get sentences shortened include: 1) a motion to modify the sentence; 2) an appeal of the sentence; 3) a commutation application; or 4) a petition for writ of habeas corpus.

What are the FCRA requirements in Nevada?

Posted by Neil Shouse | Jul 11, 2019 | 0 Comments

The Fair Credit Reporting Act (FCRA) under 15 U.S.C. § 1681 provides rules that employers throughout the U.S. must abide by when requesting background information (including credit reports and background checks) on prospective employees.

Does NRS 200.200 allow me to kill someone in self defense in Nevada?

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

Yes, if the following two conditions are true: 1. The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and 2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

Are Police Allowed to Search a Hotel Room Without a Warrant?

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

No. Police cannot search a hotel room without a search warrant UNLESS there is a valid exception that exists. The Fourth Amendment of the United States Constitution guarantees: The right of the people to be secure in their persons and houses against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause, particularly describing the place to be searched, and the persons or things to be seized. Exceptions to the Search Warrant Requirement Exigent circumstances sometimes exist which can allow police to conduct an immediate search of a hotel room without a warrant. Such an emergency situation might be present when: there is a grave threat to the safety of police officers, the public, or their property, OR there is the likelihood that a criminal will escape, OR evidence of a crime will be lost or destroyed.

Is it a crime to impersonate someone online in California?

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

Impersonating someone online can be a crime in California. Penal Code 529 PC is the California statute that defines the crime of “false impersonation” (also known as false personation). PC 529 makes it a crime for a person to personate someone falsely and to either: do another act that might cause the person being impersonated to pay money or become liable in a court proceeding, or receive some benefit by impersonating the other party. This statute applies, for example, to false impersonations done either: online, in direct communication with another person, or in a written letter or document. False personation is a wobbler under California law, meaning it can be charged as either a misdemeanor or a felony.

What is the Punishment for Insurance Fraud?

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

The punishment for insurance fraud in California can range from probation to five years in prison, as well as fines, community service, and restitution. Insurance fraud charges are usually the result of either making a fraudulent insurance claim or from destruction of insured property. A Fraudulent Insurance Claim under California Penal Code 550 occurs when: a person makes a false insurance claim (or assists someone else in making a false claim), the person knew the claim was false or fraudulent, and the act was committed with the intent to defraud. Fraudulent Destruction of Insured Property under California Penal Code 548 occurs when: an accused willfully injures, destroys, hides, abandons, or disposes of any insured property, with the intent to defraud the insurer. A fraudulent insurance claim can be charged as either a felony or a misdemeanor depending on the type and amount of the claim.

Can you be charged in California for having knowledge of a crime and not reporting it?

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

In most cases, people are under no legal duty to report a crime. This is true no matter if someone: knew about the crime in advance, witnessed the crime while it unfolded or took place, and/or learned of the offense after it took place. There are, though, two main exceptions to these general rules. These are: some professionals have a legal obligation to report instances of child abuse and child neglect, per California’s Child Abuse and Neglect Reporting Act (CANRA), and a party cannot aid or abet in a crime, per Penal Code 31. Note that if a party does report a crime, and it is a false report of a crime, the false reporting is a California offense under Penal Code 148.5.

Can a juvenile strike be expunged in California?

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

This depends on the offense for which the strike was given. A strike cannot be expunged, or removed, if:it was given for a serious sex offense listed in Welfare and Institutions Code 707b, the offense was committed when the defendant was 14 years of age or older, and the juvenile is required to register as a sex offender. For all other strike offenses, the offender may ask the court to expunge the offense. But the court does not have to do so.

Is "Return Fraud" a Crime in California?

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

Return fraud is activity which can lead to the filing of theft or shoplifting charges in California. The most common return fraud schemes involve the return of stolen or altered merchandise for cash or store credit. It is estimated by the National Retail Federation that in 2018 more than 8% of all retail returns involved fraud.

What is Aggravated Kidnapping in California?

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

Kidnapping in California is considered aggravated kidnapping if it is committed under certain circumstances and is usually punishable by life in prison. A person is guilty of aggravated kidnapping if they: kidnap for ransom, reward, or to commit extortion, kidnap to commit robbery, rape, or other sexual offenses, kidnap another person during the commission of a carjacking, if the victim suffers, or there is a substantial likelihood of suffering, death or bodily harm. Under Penal Code 207, simple kidnapping is defined as moving another person by force or fear, without that person’s consent, for a substantial distance. Substantial distance means more than a slight or trivial distance. A forcible taking occurs when the victim is taken or goes with the accused under some form of compulsion. The compulsion can be actual physical force, express threats, or by giving commands that the victim feels must be obeyed in order to avoid harm or injury.

What is a Preliminary Hearing and What Happens at One?

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

If someone is charged with a felony in California, a preliminary hearing is an examination of the evidence to determine: whether a crime has been committed; and whether there is “sufficient cause” to believe the accused committed it. Sufficient cause means that after hearing the evidence, a person of ordinary caution or prudence would believe and entertain a strong suspicion of the guilt of the accused. The overriding purpose of a preliminary examination is to weed out groundless or unsupported charges. The guilt or innocence of the accused is not the issue. At the hearing, a qualified law enforcement officer can testify to hearsay, or certain out of court statements. The victim and other witnesses often do not testify.

Is it illegal to record someone without consent in California?

Posted by Neil Shouse | Jul 01, 2019 | 0 Comments

It is illegal to record a confidential conversation, including a private conversation or telephone call, without consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC. Note that while PC 632 makes it a crime to record a private conversation, a party can legally record a communication made in a public gathering. The law also does not apply to the police and some private citizens when recording a conversation to gather evidence of an offense.

When Could Gilead Have Released TAF?

Posted by Neil Shouse | Jul 01, 2019 | 0 Comments

While it has not yet been proven, it seems that Gilead Sciences, Inc. had the ability to bring safer, TAF-based versions of its HIV pills to the market up to a decade earlier than they actually did. Victims who took the more dangerous, TDF-based versions of the pills and who have suffered from their severe side effects have filed mass tort claims against Gilead for their losses.

What Is the Difference Between Residential and Commercial Burglary in California?

Posted by Neil Shouse | Jul 01, 2019 | 0 Comments

Burglary in California is divided into first degree, or residential burglary, and second degree, or commercial burglary. See Penal Code 460. Burglary is committed when someone unlawfully enters a specified structure with the intent to commit theft or a felony. Residential (first degree) burglary is burglary of: an inhabited dwelling house, an inhabited vessel, floating home, or trailer coach, the inhabited portion of any other building. Commercial (second degree) burglary is every other kind of burglary not considered first degree.

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