Miranda rights, also referred to as “Miranda warnings,” are warnings law enforcement officers must give to suspects before they can question the alleged wrongdoers following an arrest. An example warning is, “you have the right to remain silent.” Suspects can waive their Miranda rights and decide to talk to a police officer. However, it is …
The punishment for California insurance fraud can range from probation to five years in prison, as well as fines, community service, and restitution. Insurance fraud charges are usually the result of either making a fraudulent insurance claim or from the destruction of insured property. A Fraudulent Insurance Claim under California Penal Code 550 PC occurs …
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, …
Yes, it is illegal to remove a VIN number. Doing so can violate state law. It is also a violation of federal law. There are, however, some exceptions that can apply. Under federal law, removing a VIN number is a felony offense. A conviction can carry up to: 5 years in jail, and $250,000 in …
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 amount of compensation that victims can recover for a burn injury will depend on numerous factors. These include the nature and severity of the injury and whether the victim was partially at fault. Most burn injury lawsuits, though, tend to recover between a few thousand dollars and several million dollars. How much compensation can …
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 …
No Car? Request an IID exemption. If the court ordered you to install an ignition interlock device (IID), but you do not have a car, you can request an exemption. By filing a declaration of non-ownership form, you ask the court to waive the IID requirement. Declarations of non-ownership have strict requirements. If any one of …
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 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 …
Violating a restraining order is a criminal offense that generally stays on a person’s record unless the conviction is expunged or sealed. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged …
The average settlement for a head-on collision ranges anywhere from a few thousand dollars to over $1,000,000. The wide range is because there is no such thing as an “average” car accident case. They are all unique. Therefore, there is no “average” settlement, either. However, some factors will likely increase or decrease the settlement amount. …
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 …
Victims who have been hurt on a rental property can sue the property owner, the tenant, any company that maintains the property, and any employee whose negligence contributed to the accident. Suing multiple defendants is common. Depending on the case, though, some of these parties will be unlikely to fully compensate the victim for his …
Future lost earnings, also called lost earning capacity, can be proven with evidence of past wages, as well as testimony from the plaintiff’s employer, doctor, and other expert witnesses. These sources of information can show what the victim could reasonably have expected to earn, were it not for the accident. They can compensate the victim …
Felony probation lasts up to 2 years for most non-violent felonies. It can last up to 3 years for the crimes of grand theft, embezzlement, or theft by false pretenses that involve more than $25,000. The term of probation can be longer for violent felonies, or for crimes that specify the applicable term of probation. …
In California, people on summary probation can generally leave the state. However, any out-of-state travels cannot infringe on their ability to meet the other terms of their probation. Breaking any of those terms can violate probation. If this happens, probation may be revoked. The probationer can be sent to jail for the remainder of his …
In California, there is usually not any jail time for a first offense of driving under the influence (DUI). However, certain aggravating factors can increase the penalties of a DUI conviction and can lead to a jail sentence. First-time offenders can also face jail time if they violate a term of their DUI probation. Some …
Commercial robbery takes place in a business like a bank or a convenience store. Residential robbery is a robbery that takes place where people live or reside. Residential robbery is considered first-degree robbery. Commercial robbery is considered second-degree robbery. Under Penal Code 211, robbery is: the felonious taking of personal property, in the possession of …
Robbery is divided into first-degree robbery and second-degree robbery in California (Penal Code 212.5 PC). First degree robbery is committed when the victim is: the driver or passenger of certain fare earning vehicles; robbed while located in a residence, inhabited vessel, trailer coach, or building; using or just used an ATM machine. Second degree robbery …
In California prisons, a 602 appeal is the way to challenge any action or decision taken by the California Department of Corrections and Rehabilitation (CDCR). By using a 602 appeal form, inmates in California prisons can have their grievances heard. Exhausting the 602 appeals process is often required before filing a federal lawsuit over prison …
While a blood test is usually more accurate than a breathalyzer at determining someone’s blood alcohol content or blood alcohol concentration (BAC), blood tests are more difficult to administer. They are also far more intrusive than a breath test. This is why most cases of driving under the influence (DUI) involve evidence from breathalyzers rather …
A CDCR Form 115 discipline report is the form that the California Department of Corrections and Rehabilitation uses to document rule violations in prison. Form 115 is used for administrative violations. Form 115A is used for serious rule violations. These actions trigger a hearing to determine if rule violations occurred. If it is determined that …
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 …
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 …
