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The terms guilty plea and a no contest plea are often used interchangeably. But each can have different implications for a defendant who pleads to a criminal charge. Pleading guilty means the defendant admits that he or she committed the crime, whereas pleading no contest means that an accused accepts the conviction but avoids a factual …
In booking documents and citations, VC is an abbreviation for California Vehicle Code, PC is an abbreviation for California Penal Code, and HS is an abbreviation for California Health and Safety Code. These abbreviations and different codes are used to help police identify which California law a person is suspected of violating. For example, if …
A criminal protective order ( sometimes called a CPO) is an order a judge enters 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 …
A 1275 hold is when a hold is placed on a defendant’s bail because there is reason to believe that the money being used for the bail was generated by the commission of a felony (such as the sale of a controlled substance). The hold gets the name “PC 1275 hold” because Penal Code 1275.1 PC …
The issue regarding the difference between a DMV suspension and a court suspension arises in DUI cases. In these types of matters, a state’s Department of Motor Vehicles (DMV) can initiate the administrative suspension of a driver’s license following a DUI arrest. In addition, a court can order that a motorist’s license be suspended following …
As of December 8, 2020, people who have previously been convicted of a crime in Los Angeles County may be able to petition the court for a reduced sentence or even an immediate release. And people who are currently being held on bail may be able to get released on their own recognizance right away. …
An arrest will stay on a person’s record potentially forever. Records of arrests and prosecutions (rap sheets) are maintained by the United States Department of Justice as well as state and local law enforcement agencies. These records do no automatically get purged at various intervals. However, people arrested for an offense can try to get …
Following a DUI conviction in California, drivers can get their license back after serving the entire length of the applicable suspension and successfully reinstating the license. The latter involves completing a DUI program, filing proof of financial responsibility with the DMV (e.g., a Form SR-22), and paying the DMV a license reissue fee. Initiating reinstatement …
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 …
People with outstanding bench warrants for their arrest may file a motion with the court to recall (“quash”) the warrant. The court will then hold a hearing where the defense and prosecution can argue their positions. Ultimately, the court has discretion whether to quash the warrant or let it stand. What is a bench warrant? …
Defendants facing criminal charges for driving under the influence of drugs or alcohol can file a suppression motion asking the court to disregard (“suppress“) all the evidence that law enforcement officers may have unlawfully obtained. If the judge grants this motion, then the prosecution may be forced to dismiss the DUI charges for lack of …
Direct evidence is defined as evidence that directly proves a key fact at issue. Indirect evidence, also referred to as circumstantial evidence, is a fact or set of facts that, if true, allow a person can infer the fact at issue. An example of direct evidence (in a murder case) is a witness testifying that …
The statute of limitations for the crime of simple assault in California is one year. The statute of limitations for most felony assaults is three years. A statute of limitations (SOL) refers to the maximum time period for which a prosecutor can file criminal charges. If a prosecutor files charges after the limitations period expires, …
Attempted extortion is a crime in the United States. A person commits the offense by attempting to use force or threats to obtain money or property from another person, even though the other person does not comply with the demand. In most jurisdictions, a prosecutor can charge this crime as either a misdemeanor or a …
A misdemeanor charge of driving under the influence (DUI) in California must be commenced within one year of the date it occurred. A felony DUI charge must be commenced within three years of the date it occurred. Commenced for statute of limitations purposes means when one of the following events takes place: an indictment or …
There are five main differences between misdemeanor probation and felony probation in the California criminal court process. Perhaps the biggest difference is that while misdemeanor probation is typically available for defendants with a misdemeanor conviction, felony probation is available to persons that were convicted of felony offenses. Other differences include that, in comparison to felony …
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 …
Assault and battery are related but distinct crimes. An assault is when a person commits an act that puts a “victim” in reasonable apprehension of harmful or offensive contact. Battery, on the other hand, is when someone commits an act that actually inflicts harmful or offensive contact on the victim. Both assault and battery are …
Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol, or drive with a BAC of .08% or …
The embezzlement of a firearm is always a felony crime of theft under California criminal law. In other embezzlement cases, per California Penal Code 503, the crime is a form of California grand theft and may be charged as a felony if the embezzled property is: an automobile, or property worth more than $950. In …
It is legal to have unopened alcohol in your car if you are over 21 years old. If you are under 21, it is illegal to be in possession of alcohol even if it is unopened. The only exception for under 21 drivers is the transport of unopened alcohol at the direction of a parent, …
Pedestrians do not always have the right of way under California traffic laws. California Vehicle Code 21950 is the California statute regarding the right of way for pedestrians. This law states that drivers must yield the right of way only within: any marked crosswalk, or any unmarked crosswalk at an intersection. Further, the code section …
A person has to be 18 years or older to get a tattoo in California. In fact, it is a crime if a person “inks” someone under the age of 18. Penal Code 653 PC is the California statute that makes it a criminal offense for a person to tattoo, or to offer to tattoo, …
California Health and Safety Code 11363 HSC is the California statute that makes it a crime for a person to grow or cultivate peyote. This statute also makes it a crime for a person to: plant, harvest, dry, or process peyote. A violation of HSC 11363 is a type of wobbler offense in California. This …
There are four main signs that a teacher may be engaging in sexual misconduct with a student. These are that the student: shows hesitation with wanting to go to school, has difficulty in class, experiences health problems, and hints at misconduct. Under California law, a teacher that engages in misconduct with a student could be …