When Can Minors Be Tried as Adults in California? Top Juvenile Defense Lawyer ExplainsWatch this video on YouTube In California, minors 15 or younger cannot be tried as adults. Minors aged 16 or 17 can be transferred from juvenile court to criminal court only if: the crime was “serious,” and the juvenile court judge allows …
What Happens if a Juvenile Violates Probation in California? Top Defense Attorney ExplainsWatch this video on YouTube In California, the consequences of violating juvenile probation depend on the type of probation you are on. The judge at the violation hearing is likely to tighten the conditions of your probation. However, he or she can also …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
What Happens in a Felony Arraignment Hearing? 4 Things to KnowWatch this video on YouTube A felony arraignment hearing is normally the first formal court appearance in criminal cases where you are charged with a felony offense. At the arraignment, the court will inform you of the crime(s) filed against you, advise you as to …
Is PTSD a Defense to Crimes in California? Top Defense Lawyer ExplainsWatch this video on YouTube You are charged with sexual assault in connection with a domestic violence matter. However, you believe you committed the crime because you were easily startled due to your post-traumatic stress disorder (PTSD). Is it possible to use your PTSD …
What is a "Humprey Hearing"? Can it help me get out of jail?Watch this video on YouTube In the California criminal justice system, a “Humphrey hearing” is a court hearing held soon after you are arrested for a crime. A judge holds the hearing to ensure that you are not kept in custody following an …
What Are Brady Violations? 7 ExamplesWatch this video on YouTube 7 common examples of a Brady violation in criminal trials are when a prosecutor fails to disclose to a criminal defendant (or a defense attorney): evidence of a record or report that might suggest the defendant did not commit a crime (such as a law …
What is indeterminate sentencing? How it worksWatch this video on YouTube In California, an indeterminate sentence is a prison sentence with a minimum amount of time, but no fixed release date. An example is a sentence of “10 to 20 years in prison.” It is up to the parole board to determine the date of …
Solicitation of a minor is a criminal offense where a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. This crime is sometimes referred to as meeting with a minor for lewd purposes, or online solicitation of a …
LEGAL ANALYSIS — Does California Have a "Romeo & Juliet" Law?Watch this video on YouTube There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself.1 What are Romeo …
Most jurisdictions say that you have to be charged with a hit-and-run case within either: one year from the date of the accident, if the crime is charged as a misdemeanor, or three years from the date of the accident, if the crime is charged as a felony. Note that the time by which a …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you should …
Unsupervised probation is a type of probation authorized in many states where you report directly to the court rather than to a probation officer. This is typically a more relaxed form of probation that is reserved for misdemeanor offenders that pose a low risk of harm to the community. As with supervised probation, you must …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
The three most common things to bargain for during plea negotiations for a felony offense are: reducing the charge, preferably to a misdemeanor, a shorter jail or prison sentence or, if possible, no jail time at all, and more lenient terms of probation. The plea bargain process is a negotiation between the prosecution and you …
According to most jurisdictions, the top 5 reasons why a judge may terminate your probation early are that you: complied with all the terms of your probation, avoided any new arrests or criminal charges, paid all fines, fees, court costs, and restitution, did not commit any probation violations, and would experience a hardship if you …
In California, consecutive sentences are prison terms that are served one after the other. Concurrent sentences are prison terms that are served at the same time. Serving consecutive sentences means more time in prison. They are a factor if you are convicted of multiple crimes. California judges have lots of discretion in which type of …
Police barged into your California home and seized what they told you was “evidence of a crime.” But they did so without a valid search warrant. The police said they did not need one because of “exigent circumstances.” What does that mean? Below I discuss everything you need to know about the exigent circumstances. Also …
What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences you to jail or prison time, but then delays imposing the sentence in order to let you serve time on probation. If you complete probation successfully, the judge typically dismisses the case without placing you in custody.1 If …
What is a "No Contest" plea? Is it different from a "Guilty" plea?Watch this video on YouTube The terms “guilty plea” and a “no contest plea” are often used interchangeably. But each can have different implications if you plead to a criminal charge. Pleading guilty means you admit that you committed the crime. Pleading no …
Maybe you were arrested for DUI in California. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ? In this article I discuss everything you need to know about probation, parole, and how they are similar and different. You can …
If your criminal case is dismissed “without prejudice” in California, you will probably breathe a big sigh of relief. But you may not be totally out of the woods yet. A dismissal without prejudice means that while your case has been dismissed, the prosecutor can still refile the charges against you – but only within …
If you know that you have been falsely accused of a sex crime, you should: get an experienced criminal defense lawyer, understand the allegations being made, gather evidence of the alleged incident, and prepare a legal defense. You should NOT ignore the claims simply because you know they are wrong. You should also avoid contact …
In California, you can expunge a felony conviction by: completing the necessary expungement application forms, filing them in the court that heard your case, and appearing before a judge at the expungement hearing. Many felony convictions are eligible for expungement, though some sex crimes are not. Expungements are more difficult if you served prison time. …
If a victim or witness refuses to testify, the judge can hold them in contempt of court. This is a misdemeanor offense that carries fines and up to 6 months in jail in California. The judge can also fine them or detain them until they comply. However, victims of domestic violence or sexual crimes cannot …
