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 …
The Nevada Rules of Criminal Procedure (also called “The Nevada Rules of Criminal Practice” or the “N.R.Cr.P”) provide the framework and rules that judges, prosecutors, and defense attorneys like me must follow in Nevada’s 11 district courts. The N.R.Cr.P was adopted only in March of 2021. Below is the full text of its 17 sections: …
In some criminal cases, law enforcement officers are unable to gather the evidence necessary to prove that you are guilty persuasively. It is extremely important to be able to recognize when the case against you is a weak one. Nine signs that the criminal case against you is weak are: a lack of evidence, conflicting …
There are three primary ways in which a person can try to modify a criminal sentence in California. These are when the person: files a motion for resentencing, appeals the sentence, and brings a writ of habeas corpus petition. There are also two ways a court can modify a sentence on its own accord. These …
If you violate the terms of your probation in a California DUI case, three things may happen: the judge will issue a bench warrant, law enforcement can arrest you,1 and the court will hold a probation violation hearing.2 At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence …
The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense. Neither necessarily means that …
In California, chargeback fraud is typically the crime of buying something with your credit card, demanding a refund from the seller without returning the item, and then disputing the charge with your credit card company. Also known as “double-dipping,” you would have the item and its cost in money. It can be prosecuted under a …
Getting criminal charges dropped before trial is one of the best outcomes you can achieve. There are numerous grounds for getting charges dropped, though persuading the prosecutor to drop the charge is rarely easy. If you are successful, you will not have to go to trial. However, dropped charges can be refiled later if new …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
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 …
There are 3 common strategies for how to beat a solicitation charge in California. 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. What is a charge of solicitation? Solicitation …
The term “aiding” and the term “abetting” are similar legal concepts, but each has a slightly different meaning. Aiding a crime means helping someone else commit a crime. Abetting means to encourage or incite a criminal act. Although to abet does not necessarily mean that you help or facilitate its execution. Both aiding and abetting …
Penal Code 647i PC – The Crime of "Peeking While Loitering"Watch this video on YouTube Yes, “prowling” is a crime in California. Penal Code 647i PC 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 …
Reckless endangerment is not a distinct crime in California. However, a person who acts recklessly and endangers others can be charged with a number of other crimes, including child endangerment, reckless driving, elder abuse, or enhanced DUI penalties for having a child in the vehicle. “Reckless endangerment” refers to an act that creates a substantial …
