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A background check will usually reveal if someone has been convicted of a misdemeanor (for example, a DUI) or a felony (for example, rape). In terms of employment applications, while employers can receive information regarding a conviction, some states have ban the box laws that limit when and whether prior convictions can be considered in making hiring …
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 …
False accusations of rape occur when an accuser claims to be a victim, but in actuality, no rape ever took place. Many of these cases turn out to be he said /she said scenarios where there are no independent witnesses or other corroboration. When this occurs, there are a number of legal defense strategies that …
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 …
A defendant in a criminal case does not choose which district attorney will be assigned. Nor does the defendant have the power to request a different prosecutor. But in most states, the defense can seek to recuse a district attorney (or a prosecuting agency) if there is a bias or conflict of interest. In California, …
A police officer is authorized to arrest a person without an arrest warrant when the person commits an offense in the presence of the officer and when a peace officer has probable cause to believe that a suspect committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause …
What Happens if You Get a Probation Violation in a DUI Case? If people violate a term of their probation in a DUI case, a probation officer or police officer can take them into custody pending a probation violation hearing. At the hearing, the judge has the discretion to reinstate the probation, modify the probation …
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 …
Missing a jury duty date will usually lead to a second summons for jury duty. However, continuing to ignore a summons may be treated as contempt of court and punished by fines, jail time or both. Jurors can prevent this from happening by showing they were excused from jury service. California courts have a great deal …
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 …
Does California Have a "Romeo and Juliet" Law?Watch this video on YouTube California does not have a Romeo and Juliet law. This means that it is illegal for anyone to engage in sexual intercourse with a minor – even for a minor to have sex with another minor. A Romeo and Juliet law, which some …
An arraignment is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants are advised of the charges that have been filed as well as their legal and constitutional rights. Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest. If an attorney 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 often charged as a felony sex offense. One example of this kind of conduct is intentionally groping a minor. The penalties …
It is a crime in California if a person intentionally shoots a BB gun at another person, per California’s assault and battery laws. This holds true even if a person shoots at someone else and misses. Depending on the specific facts involved in the shooting, the shooter could be charged with: battery, per California Penal …
A suspended sentence is where a judge sentences a defendant to jail or prison time, but then delays imposing the sentence in order to let the defendant serve time on probation. If the defendant complies with all the terms of probation, the judge typically dismisses the case without placing the defendant in custody. But if …
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release …
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 …
It is illegal to record a confidential conversation, including private conversations or telephone calls, 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 …
Prowling is a crime in California under Penal Code 647i PC. This section defines a prowler as one “who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.” PC …
Under Health & Safety Code 11363 HS, it is illegal in California to plant, harvest, dry or process peyote. A violation is a wobbler offense – meaning it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the crime is punishable by: imprisonment in the county jail for up …
The time between an arrest 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 …
In Riverside County, California, you can go to jail and have to pay hefty fines if you make false statements in an advertisement for the sale or real estate, goods, or services. This is in addition to civil penalties that may be imposed by the state of California. California Business and Professions Code Section 17500 …
The law is unclear. If ASP batons fall under Colorado’s definition of blackjacks, then they are illegal in the state. But if ASP batons are not considered blackjacks, then people should be able to possess and openly carry them. What is an ASP baton? ASP is short for Armament Systems & Procedures. It is a …
Run by the Colorado Department of Corrections (CDOC), Colorado prisons are detention facilities where convicted felons serve out their sentence. They are usually located in rural areas of the state. In contrast, Colorado jails are usually located near a courthouse. They house people who either 1) have been recently arrested, 2) are awaiting trial and …
The best way to recall an Arizona bench warrant is to retain an attorney to file a “motion to quash” with the court. Judges usually quash bench warrants as long as the person does not have a long history of missing court. And in many cases, the attorney can appear in court without the defendant …