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A consecutive sentencing plan is when a judge imposes two or more terms of imprisonment and the defendant serves one term immediately following another. A concurrent sentencing plan is when there are two or more terms of confinement and all are served at the same time, with the prisoner being released after the longest term …
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 imprisonment.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release is …
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 putting the defendant in custody. If, however, …
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 …
In most jurisdictions, 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. The crime is sometimes referred to as “meeting with a minor for lewd purposes.” If a …
A defendant in a criminal case can attempt to speak directly with the district attorney in an attempt to negotiate a resolution of the charges. Note, however, that most jurisdictions have ethics rules that say a prosecutor cannot speak directly with a defendant if he/she knows that the person is represented by an attorney. If …
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 gun while it is still enclosed …
It depends on how the crime is filed. In cases of misdemeanor hit and run, an offender typically has to be charged within one year from the date of the incident. If felony hit and run, then a suspect has to be charged within three years from the date of the accident. In most jurisdictions, …
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. A violation is a wobbler offense – meaning it can be charged as either a misdemeanor or a felony. This statute also makes it a crime for a person to: plant, …
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 …
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 …