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Misdemeanor convictions typically do not go away. Rather, they remain on your criminal record unless or until they are expunged or sealed. The same holds true for felony convictions. Most states allow you to try to clear your record by filing for an expungement. The expungement process typically results in the court erasing an arrest …
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 is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with …
In California, the penalty for a misdemeanor offense 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 …
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 …
There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place could be charged with public nuisance, public intoxication or indecent exposure. Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it …
The crime of assault can be either a misdemeanor or a felony in California depending upon: the amount of force used, and whether weapons were involved. A person can be accused of assault even if no one was injured. There are three types of assault under California criminal law. Simple assault. Aggravated assault. Assault with …
Under California criminal law, a statute of limitations (“SOL”) refers to the maximum time period for which a prosecutor can file criminal charges. The SOL in California for most misdemeanor cases is one year. One of the main reasons the law puts limits on when a criminal case gets filed is to preserve a sense …
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 …
In criminal cases, a pretrial hearing is a formal court hearing that takes place after the arraignment but before the jury trial. Most misdemeanor cases will have several pretrial hearings in which the parties will try to resolve the case and, if not, will organize the issues and set the case for trial. These hearings give an …
Permanent residents of the United States (holders of green cards) can be deported for certain misdemeanors convictions. These include: crimes involving moral turpitude, drug crimes, firearms offenses, failing to register as a sex offender, violating a restraining order, domestic violence offenses, and child abuse crimes. These offenses make non-citizens deportable. This includes lawful permanent residents. An …
Yes, but less so now that LADA (Los Angeles District Attorney) has adopted Special Directive 20-07. In attempt to promote rehabilitation over punishment, LADA will decline to press charges in many California misdemeanor cases. Instead, LADA will divert these suspects to treatment providers (called “diversion“) in attempt to keep them from reoffending. Which misdemeanors is …
In dorms, rec rooms, basements, or elsewhere, you’ve probably seen highway or road signs used as decorations. But if you steal a road sign in San Diego to fill that empty spot on your wall, or deface or post something on such a sign, you are committing a crime. California Penal Code Section 602(f) makes …
People–especially children and teenagers–have been making “prank calls” since telephones were invented. But in this day and age, parents need to wonder whether their children are exposing themselves to criminal liability with this game. In fact, “annoying telephone calls” is a crime in California. Under Penal Code 653m PC, you can be charged with a …
Many people will be surprised to hear that the answer is, “Yes.” You can be charged with a crime under California law if you “steal” (some people prefer to say “borrow”) a wireless internet signal from your neighbor or the local coffeehouse (even though arrests for this crime have been very rare). Specifically, California’s unauthorized …
Public nuisances–loud music, parties, neglected lawns, run-down vacant homes, stagnant pools–are a problem in cities across California. People who live near these nuisances may have done their best to get the owner of the property to fix the situation but without results. In these situations, neighbors may start to wonder: should I call the police? …
If you’ve been arrested for theft in California, whether you face a felony charge or a misdemeanor charge largely depends on the value of the property you are accused of stealing. Generally, if you are charged with theft of property valued at $950 or less, it will constitute “petty theft” and be prosecuted as a …