If you are facing felony or misdemeanor charges that carry jail time in Denver, the court will appoint you a deputy public defender if you cannot afford private counsel. Ultimately, the court has jurisdiction to decide whether you are indigent and, therefore, entitled to court-appointed counsel. In general, you are probably eligible for a public defender …
In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circumstances during the case. The standard of proof that has to be met by the party with …
A police officer is authorized to arrest you without an arrest warrant when you commit an offense in the presence of the officer and when a peace officer has probable cause to believe that you committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause to believe you …
“MIP charge” refers to the criminal offense of “minor in possession.” You commit this offense if you are under 21 years of age and you possess an alcoholic beverage or marijuana in public. In most jurisdictions, a MIP conviction is a misdemeanor that can potentially stay on your criminal record indefinitely. Note, however, that a …
An accessory before the fact is defined as someone who helps or encourages another person to commit a crime, and who does so before or during the commission of the crime. Some states charge the offense as aiding and abetting. If you are convicted of being an accessory before the fact, you may face the …
Playlist: Negligent HomicideWatch this playlist on YouTube Negligent homicide is defined as a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person ignores a known …
Federal prison is operated by the federal government and houses inmates convicted of breaking federal laws. By contrast, state prisons are operated by state governments and house people convicted of breaking state laws. Federal prisons are generally safer than state prisons and they keep inmates that are of a less violent and dangerous nature. The …
The statute of limitations for statutory rape in California is either 1 year or 3 years. California statutory rape charge Statute of limitations to prosecute misdemeanor within 1 year of the incident felony within 3 years of the incident If charges are not filed within this timeframe, the charge can be dismissed. These limitations only …
The corpus delicti rule is the legal principle that no one can be convicted of a crime without proof that the crime actually occurred. In California, this proof must be independent of the defendant’s out-of-court statements, even if they amounted to a confession. The name of the rule is Latin for “body of the crime.” …
“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice. The plaintiff or prosecutor can refile their civil claim or criminal charge, typically after fixing problems with the initial filing. This is different …
The best way to get a child endangerment charge dropped is to present exculpatory evidence. You can do this by: hiring a criminal defense lawyer, gathering evidence, and showing the prosecution that the case against you is weak. You can also engage in the plea bargaining process to get a deal that drops the endangerment …
In California, a hit-and-run is the crime of crashing into someone or something and then fleeing the scene without providing your personal and contact information. Five things to know about this offense in California are: there are 2 different statutes that could apply, the criminal penalties for a conviction can be significant, points will be assessed …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
Petty theft with a prior is a criminal charge for a minor theft against someone who has been convicted of theft in the past. Because of the prior convictions, the penalties that the new charge carries are higher. Different state laws have different sentencing enhancements for this situation. What is petty theft? Petty theft is …
Brandishing a weapon is the crime of exhibiting something that could be used as a weapon in a threatening manner. How exactly the offense is defined, and the penalties for a conviction, vary by state. However, brandishing a weapon in an act of lawful self-defense is generally a legal defense to the charge. What does …
In California, “police code 245” refers to the crime of assault with a deadly weapon. This includes assault with a firearm, as well as assault by means likely to produce a great bodily injury. The number for the code comes from the section of California’s Penal Code that defines the offense. In other jurisdictions, this …
You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime? Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to …
Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are: crimes of moral turpitude, aggravated felonies, drug offenses, firearms offenses, and crimes of domestic violence. 1. Crimes of moral …
In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony. The …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
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 “wallet gun.” You can fire a wallet gun while it is still …
Every year thousands of innocent people are arrested for crimes they did not commit. Most such arrests do not result in a conviction. Up until now, these arrests have shown up on California criminal background checks — even though California law prohibits employers from asking about arrests that do not result in a conviction. In the past, getting an …
Arson is more likely to be charged as a felony when it causes or poses a risk of great bodily injury or involves the burning of an inhabited structure or place of worship. Arson is more likely to be charged as a misdemeanor when there is minimal property damage – though in some states, arson …
We find that there is alot of confusion out there about the different types of warrants. For example, a bench warrant is entirely different from a search warrant. In this article, we will try to provide some clarification. There are five common types of warrants used in the criminal justice system. These are: an arrest …
The term released on own recognizance means that you can get out of jail after an arrest without having to post bail. You simply have to promise to show up at future court proceedings. “Released on own recognizance” is also sometimes referred to as “R.O.R.,” “own recognizance release,” or an “O.R. release.” You or your …
