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 …
Under California criminal law, you are guilty of an attempted burglary if you: intend to commit burglary, and take some act towards committing the burglary (which can be theft or some other felony). Examples of attempted burglary include: Tom sneaks to the front of his neighbor’s house with the intent to go inside and steal …
In California, a settlement agreement is a binding contract that resolves a legal claim. The agreement is the deal that the parties to the dispute have reached in order to settle their disagreements short of trial or arbitration. It is the culmination of what is often a contentious negotiation process. State courts can enforce the …
Civil cases are legal disputes that normally occur between private parties. The plaintiff generally demands financial compensation for losses sustained by the defendant’s wrongful conduct. Criminal cases are allegations by a public law enforcement agency that the defendant broke the law. Prosecutors can pursue criminal fines, prison time, and other sanctions. Differences between civil and …
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 …
3 ways to beat solicitation charges in CaliforniaWatch this video on YouTube The term “solicitation” generally means asking for or trying to get something from another person. While relatively simple, the word causes some confusion when applied to California law. What exactly does soliciting mean in the California criminal justice system? There are five key …
Are "spring assisted knives" legal in California?Watch this video on YouTube A spring assisted knife is legal in California as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other …
In California, many law enforcement agencies have specialized units that focus on investigating alleged child sexual offenses such as lewd acts with a minor (PC 288). These cases are typically assigned to detectives who have received extensive training in interviewing young victims and analyzing forensic evidence. Here is a step-by-step look at how police generally …
Playlist: .50 Caliber BMG RiflesWatch this playlist on YouTube With very few exceptions, .50 BMG (fifty caliber) rifles are illegal in California. They are prohibited by Penal Code 30610 PC and Penal Code 30600 PC, California’s law on assault weapons. In fact, “BMG” stands for Browning Machine Gun. It was originally developed by John Browning (in …
Thanks to California Senate Bill 239, it is no longer a felony to have unprotected sex and not disclose that you are HIV-positive. California law SB 239 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions based on HIV/AIDS status. However, it is still possible to …
In California, a misdemeanor stays on your record for the rest of your life. You have to get the conviction expunged or have the record sealed to get it off your criminal record. Until then, the conviction will appear in background checks. This can cause many problems, such as extra trouble getting a job. Many …
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 …
A doctor gave you a legal prescription for Adderall for your ADHD. But you were later arrested for DUI after taking a dose. Can this really happen? Yes. You can be charged and convicted for DUI if you take a drug, including Adderall, and it impairs your ability to safely operate a motor vehicle. This …
“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 …
Uber generally disqualifies you from becoming a driver if you suffered a DUI conviction within several years of your application. A DUI conviction includes convictions for both drunk driving and driving under the influence of drugs. Note that certain other criminal convictions will prevent a person from being an Uber driver. Examples include convictions for: …
Ten common examples of federal offenses include: tax evasion, counterfeiting, money laundering, murder, immigration-related offenses, felon in possession of a firearm, drug possession, drug crimes involving the intent to distribute, treason, and child pornography. Federal crimes are those offenses that violate U.S. federal criminal laws. Federal courts also have jurisdiction over crimes that allegedly take …
When you commit a hit and run that causes only property damage, the crime is considered less serious than when it causes injury or death. Hit and run cases with only property damage are charged as misdemeanor offenses. However, hit and run with bodily injury or death is charged as a felony. Misdemeanor hit and …
Yes, if you have a misdemeanor on your criminal record, you can still get a job. However, you may find it more difficult than if you had a clean record. Getting hired is much easier with a prior misdemeanor than with a prior felony. In some cases, you may not have to disclose your prior …
Generally, the prison sentence for negligent homicide is at least several years in length. In California, for example, a conviction carries up to 4 years in prison. The precise sentencing range will depend on the state. Aggravating factors and your criminal background may significantly increase the sentence. The offense is less severe than other types …
Some examples of soliciting prostitutes are stopping a car next to a hooker and asking to pay for sex, following a prostitute’s instructions for service, and using the internet to negotiate a price for a sexual act. All of these involve a request for a sexual act and show an intent to engage in an …
Probation Revocations — 3 DefensesWatch this video on YouTube A probation revocation occurs when a defendant is on probation for a criminal matter and he or she violates a term or condition of the probationary sentence. The probationer may then have to serve the balance of the sentence in jail, rather than on community supervision. …
What is "Diversion" in Criminal Cases?Watch this video on YouTube “Diversion” refers to a host of programs that help divert a criminal case from the criminal justice system. An example is a state’s drug diversion program where a defendant is given the opportunity to complete substance abuse classes in lieu of being charged with a …
