California relies on a blanket assumption that children under 14 are legally incapable of committing crimes. This means that even if they physically commit a crime, it will most likely not qualify as such because children this young don’t have the maturity or mental capacity to understand the wrongfulness of their actions. If, however, a …
A criminal conviction in California can result in several penalties. For example, an offender may receive a county jail or prison term and may even have to pay substantial fines. But what happens if the offender holds a professional license? The license may actually be included in penalties as well. 1. How does a criminal …
These three California offenses are very closely related, and commonly confused. This is because each one shares “elements” with the other. Let me explain. 1. How does California law define “robbery”? Penal Code 211 PC, California’s robbery law, punishes the act of taking someone else’s property from that person’s “immediate presence” when accomplished by force …
California criminal law recognizes two similar forms of assault. These are assault with a deadly weapon (under Penal Code 245a1) and assault with a firearm (under Penal Code 245a2). Let’s take a look at the difference between the two offenses. 1. How does California law define “assault with a deadly weapon”? Penal Code 245a1 PC defines …
Under a 2010 Supreme Court opinion, juvenile offenders cannot receive life in prison without the possibility of parole as a sentence. 1. What did the Supreme Court say? In the case of Graham v. Florida, the Court said life without parole for juvenile offenders contravenes the evolving standards of decency through which we evaluate the …
Although these are three completely separate crimes, they are often very closely related. This is because any one of these offenses is typically (though not necessarily) carried out simultaneously with the others. 1. What is the connection between the three offenses? The three crimes in question include: Penal Code 417 PC, California’s brandishing a weapon …
Blackmailing is when people demand money or another benefit from someone in return for that person’s promise that he/she will not reveal compromising or damaging information about them. The act is a criminal offense in California under Penal Code 518. PC 518 is the California statute that defines the crime of extortion. 1. How does …
Per California Penal Code 496, receiving stolen property is the crime where people purchase or otherwise take possession of items they know to be stolen. As a general rule, a person charged with this offense is not also charged with the crime of theft. However, an exception applies in cases where a person steals a …
There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a …
A criminal protective order is an order a judge issues 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 are common in domestic violence …
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 …
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 …
Plea bargaining is a useful tool that is beneficial to both the prosecution and the defense. The parties typically enter into these negotiations when neither side is confident that the case will ultimately resolve in their favor. When the defendant and prosecutor engage in the plea bargaining process and strike a deal, the prosecutor obtains …
A defendant in a criminal case does not choose which district attorney will be assigned. Nor does the defendant have the power to request a different prosecutor. But in most states, the defense can seek to recuse a district attorney (or a prosecuting agency) if there is a bias or conflict of interest. In California, …
It is a crime in California if a person intentionally shoots a BB gun at another person, per California’s assault and battery laws. This holds true even if a person shoots at someone else and misses. Depending on the specific facts involved in the shooting, the shooter could be charged with: battery, per California Penal …
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 …
The time between an arrest and trial in California depends on whether the defendant committed a misdemeanor or a felony. An accused has a right to a “speedy trial” in his criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. California has provided further …
In Riverside County, California, you can go to jail and have to pay hefty fines if you make false statements in an advertisement for the sale or real estate, goods, or services. This is in addition to civil penalties that may be imposed by the state of California. California Business and Professions Code Section 17500 …
The best way to recall an Arizona bench warrant is to retain an attorney to file a “motion to quash” with the court. Judges usually quash bench warrants as long as the person does not have a long history of missing court. And in many cases, the attorney can appear in court without the defendant …
Both stun guns and Tasers (“remote stun guns”) are legal to buy and possess in Arizona. But Taser dealers must abide by certain restrictions or face petty offense charges. And using a Taser against a law enforcement officer is a class 4 felony. What is the difference between stun guns and tasers? Both stun guns …
Yes, Arizona does extradite suspected fugitives for probation violations. In practice, Arizona police typically only go after defendants who fled the state after allegedly committing felony probation violations. Defendants who flee Arizona after allegedly committing misdemeanor probation violations will likely not be extradited back to Arizona. But a bench warrant will be issued, and the …
There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation. As to the latter, California law allows for either: misdemeanor (or summary) probation – for misdemeanor offenses, or felony (or formal) probation …
Maybe. Teachers and prospective teachers may face difficulty in gaining employment or maintaining their educator positions, with a DUI or DWI conviction on their record. The true answer to this question typically depends on the severity of the DUI and the jurisdiction in which the teacher works. With regards to new teachers, they are subject …
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 …
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 …
