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 …
In California, the district attorney has 3 or more years to file a felony charge. The exact number will depend on the felony offense. Some serious felonies have a 6-year criminal statute of limitations. Severe sex offenses often have a 10-year window for charges to be filed. For the most severe felonies, California district attorneys …
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 …
Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00). The 5 best defenses to a petty larceny charge are to show that: you actually own the property that was allegedly stolen, you acted with …
You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond. …
Most jurisdictions say that you are an accessory after the fact if you knowingly help a criminal escape justice after that person has committed an offense. “Help” usually takes the form of knowingly harboring, concealing, or aiding a criminal so that he/she can avoid prosecution or punishment. Depending on the facts of the case, a …
A drug diversion program works by removing or “diverting” first-time, low-level drug defendants from the criminal justice system. These defendants are ordered to complete a rehabilitation program. If successful, the charges are dropped, dismissed, or sealed. If you fail to complete the program, however, the prosecution resumes and often goes straight to the sentencing phase. …
A character recommendation letter is a letter written by someone else that attests to your good character. These are commonly used during a sentencing hearing after a criminal conviction. Five things to know about character letters are: quality is better than quantity, it matters who writes them, the person writing them may get contacted, good …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if you are under the influence of marijuana. …
Penal Code 632 PC – When is "eavesdropping" a crime?Watch this video on YouTube Under California law, eavesdropping is the crime where people listen in on a private conversation without the knowledge or consent of the parties, and use either a recording device to record the conversation or an amplifying device to help hear the …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
You were excited about a used car purchase because of the vehicle’s relatively low mileage. But now the auto is nothing but trouble. Is it possible that someone tampered with the car’s odometer? Yes, it is possible. There are devices available that people can use to alter a digital odometer reading. They can use these …
You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison? If not, what’s the difference? State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated …
People arrested by the California Highway Patrol (CHP) are generally taken to local county jails, city jails, police department jails or holding facilities. Aside from the CHP Lockup facility in Sacramento, the CHP does not operate its own system of jails. If arrestees are not released on bail or their own recognizance, they are held in these facilities …
A background check revealed that you were convicted of DUI two years ago. A potential employer is now asking for a disposition date for the offense. What exactly is this? With respect to a criminal case, the date of disposition refers to the date that a court made a final ruling on your case. The …
A loved one of yours was recently arrested for a criminal offense, say a white-collar crime or DUI. You are now in desperate need to find a criminal defense attorney. Are there certain factors you should be considering? Yes. There are five key tips to consider when looking for a good criminal defense attorney. These …
The police just arrested you for DUI and they made you unlock your phone so that they could look through it. Can they really make me unlock it? The answer largely depends on the state in which you live. Some jurisdictions say that law enforcement personnel can make you unlock your phone (usually by either …
I was arrested for driving under the influence of alcohol (DUI). My arrest took place after I caused a drunk driving accident. Does the crash lead to more severe charges? Possibly, yes. Your DUI case will usually become more serious if you drove while intoxicated and caused a motor vehicle accident while doing so. “More …
You signed a written promise to appear in court but failed to appear as required. You receive word that the judge in the case issued a “body attachment.” That doesn’t sound good. But what does it mean? A body attachment is a warrant issued by a judge that authorizes a law enforcement officer to arrest you …
10 of the most common ways in which you can be found to be in violation of your parole are when you: violate travel restrictions, fail a drug test, do not report to your parole officer (or show up late for a meeting), fail to secure gainful employment, refuse to be searched, possess a firearm …
