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A felony arraignment hearing is normally the first formal court appearance in criminal cases where a defendant is charged with a felony offense. In most jurisdictions, these hearings are when courts inform defendants of the crime(s) filed against them, advise defendants as to their constitutional rights, address issues of bail and release from custody, and …
Criminal charges generally do not get dismissed at an arraignment. While prosecutors can dismiss a charge if there is a compelling reason to do so (for instance if they learn that a defendant was wrongly charged), in practice, they rarely do this. This is true with both misdemeanor charges and felony charges. An arraignment hearing …
The terms guilty plea and a no contest plea are often used interchangeably. But each can have different implications for a defendant who pleads to a criminal charge. Pleading guilty means the defendant admits that he or she committed the crime, whereas pleading no contest means that an accused accepts the conviction but avoids a factual …
A criminal protective order ( sometimes called a CPO) is an order a judge enters to protect either the victim of a crime or a witness to a crime. These persons are often referred to as protected persons. The orders protect the protected person from an aggressor, usually a defendant in a criminal case. CPOs …
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges …
The criminal laws of most jurisdictions typically provide that people on felony probation can typically leave their county of residence upon the consent of the probation officer. A person on misdemeanor probation is usually free to leave the county provided that doing so does not violate any conditions of probation. While misdemeanor probation is awarded …
California Health and Safety Code 11363 HSC is the California statute that makes it a crime for a person to grow or cultivate peyote. This statute also makes it a crime for a person to: plant, harvest, dry, or process peyote. A violation of HSC 11363 is a type of wobbler offense in California. This …
California has both criminal and civil invasion of privacy laws. The civil laws include “false light” claims and cases involving the public disclosure of private facts. The laws are similar in that a person performs an act that invades the privacy of another. While the specific acts in criminal and civil cases differ – in …
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 …
An arraignment is a formal hearing in a criminal case where defendants are advised of the charges that have been filed against them. An accused is also advised that he or she has certain legal and constitutional rights. Finally, the judge asks the accused how he or she would like to plead. If an attorney …
In criminal cases, both the defendant and the prosecution are generally bound by the terms of a plea bargain once it has been entered and sentencing has taken place. However, most states allow defendants to bring a motion to withdraw a plea. Good cause must be demonstrated in order to prevail on the motion. If …
Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …
Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: arson, burglary, forgery, and robbery. In contrast, general intent crimes are offenses where …
While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. It often involves a child. Physical penetration is not necessary. It is a type of sex crime. It is often charged as a felony sex offense. One example of this kind of conduct is intentionally groping a minor. …
Many fights can lead to California battery charges. However, if you face such charges after getting into a fight with an off-duty cop who was acting as a security guard, or with many other kinds of public workers or employees, the consequences of a conviction can be more severe. Most battery charges filed under California Penal …
An example of a wallet gun California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name. A person can fire a wallet …
There are 3 common strategies for how to beat a solicitation charge. These include asserting that the police engaged in illegal entrapment, showing the evidence to be insufficient to support a conviction, and attacking the arresting officers’ credibility. Each of these strategies can undermine the prosecutor’s case. It can prevent them from proving the charge beyond a …
The statute of limitations for statutory rape in California is either 1 year or 3 years. If the charge is a misdemeanor, it has to be filed within 1 year. If it is a felony, it has to be filed within 3 years. If it is not filed within this timeframe, the charge can be …
Aiding and abetting are similar legal concepts but have slightly different meanings. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act, but does not necessarily entail helping or facilitating its execution. Both aiding and abetting are crimes and forms of accomplice liability. A conviction usually comes with the same …
Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries. This can trigger extra collateral consequences of a conviction. If you are not a U.S. citizen, you may be deported. However, many batteries do not cause any injuries. Even if committed against a spouse, simple batteries generally not involve moral turpitude. A CIMT can …
People arrested by CHP are taken to local county jails, city jails, police department jails or holding facilities. Aside from the CHP Lockup facility in Sacramento, the CHP does not operate its own system of jails. If arrestees are not released on bail or their own recognizance, they are held in these facilities until their arraignment. They can …
Five common examples of aiding and abetting a crime are: encouraging someone else to commit a crime, providing information or equipment, knowing that it would be used in the commission of a crime, assisting with the commission of the crime, acting as a “lookout,” and acting as the “get-away” driver. Note that aiding and abetting a …
Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The …
Missing a jury duty date will usually lead to a second summons for jury duty. However, ignoring a summons may be penalized. It can be treated as contempt of court. Jurors can prevent this from happening by showing they were excused from jury service. California courts have a great deal of discretion as to how to …