Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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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 This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active.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:
Like probation violations, most crimes in California have a statute of limitations.
While the majority of misdemeanors have a statute of limitations of one year, California Penal Code 801 PC says that felonies have a SOL of three years.
Statute of limitations exist to help ensure fairness for defendants.
There is a statute of limitations for a probation violation in California.
California Penal Code 1203.3 allows the court to revoke, modify, or terminate a party’s probation, but only while it is active. This means that the statute of limitations for a probation violation expires the moment when a party’s probation period ends. In other words, a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active.
All probation violation charges must be filed during a defendant’s probation period.
Defendants accused of violating probation are entitled to a hearing.
A probation violation occurs once a probationer violates any term or condition of his probation.
Note that California Penal Code 1203.2a PC authorizes the arrest of any probationer if there is probable cause to believe he committed an offense or violated any term or condition of his probation.
Once a probationer is arrested and brought before the court, the judge may do one of two things. These are either:
The judge determines what action to take during a probation violation hearing. This can be for a felony or a misdemeanor probation violation.
If a probation violation does occur, then a judge may:
As to the first situation, note that Under Penal Code 1203.2c, if a probation is revoked and terminated, and a probationer’s sentence had been suspended, the court can order the probationer to serve out the suspended sentence (i.e., place the probationer in jail or prison).
Please note that in lieu of a sentence, the court may order the probationer to:
Some common conditions in misdemeanor probation include that the defendant:
Felony probation often includes conditions like the following:
Violating probation potentially carries jail time.
There is a statute of limitations for most crimes in California.
While the majority of misdemeanors have a statute of limitations of one year, California Penal Code 801 PC says that felonies have a SOL of three years.
But note that not all crimes have a statute of limitations. Under California Penal Code 799 PC, charges of the following crimes can be brought against a person at any time:
The Discovery Rule is used to determine when the statutory period for bringing criminal charges begins. The rule says that the statute of limitations clock begins to run when an offense is discovered. So, for example, a person may commit a misdemeanor (with a one year statute of limitations period) on January 1, 2019. If authorities do not learn of the crime until January 1, 2020, then they have until January 1, 2021 to bring charges.
Statute of limitations exist to help ensure fairness for defendants. Evidence often gets lost or destroyed with the passage of time. Witnesses to crimes may also move after several years, or, they may no longer recall certain facts that took place. The result is that it would be unfair to pursue criminal charges against a person after a certain period of time has passed.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Nevada presentence investigations (PSIs) are reports conducted by the Division of Parole and Probation (NPP) on each defendant who gets convicted of a felony. First the NPP interviews the defendant. Then it composes the PSI report for the court, which relies on it to determine criminal sentences and whether the defendant can get probation instead ...
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 ...
Nevada gun laws generally permit you to carry loaded but visible handguns in your vehicle. Handguns include smaller guns such as revolvers and pistols. But you need a current and valid CCW permit to carry a concealed handgun, whether loaded or not and no matter the location. Meanwhile, Nevada state law does not permit people to ...
If you are convicted of first-degree murder in Nevada, you face the possibility of the death penalty. Nevada is one of 31 states (as of 2015) that allow the imposition of capital punishment, and uses lethal injection as its sole method of execution. Death Sentences Are More Likely to be Imposed Than Carried Out The ...