Sex with a minor (or anyone below the state’s age of consent) is prohibited even if the sex was consensual and even if it was initiated by the minor. Potential consequences include jail or prison time, fines, probation, mandatory registration as a sex offender, civil penalties, the collateral consequences of a criminal conviction, living or workplace …
People facing a preliminary hearing often have one burning question: Can the charges be dropped at the hearing? The short answer is yes, it is possible that either the judge or the prosecutor will drop the charges. The judge will dismiss the case if they find, based on the evidence presented at the preliminary hearing, …
In California, it is illegal to own certain types of pets. This prohibition includes 5 common animals: ferrets, hedgehogs, monkeys, squirrels, and gerbils. It also includes more dangerous animals, as well as those that are endangered. Violating the law is a crime that carries up to 6 months in jail, as well as monetary penalties, …
The legal definition of domestic battery is any willful and unlawful touching, that is harmful or offensive and is committed against an intimate partner.1 Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is angry with her …
After determining what your case is worth, you should usually ask for around double that amount in your demand letter. This initiates the settlement negotiation process and gives you room to compromise. It also helps you avoid asking for too little and the insurance company agreeing to that amount. Determine what your personal injury case …
LEGAL ANALYSIS — Whats the difference between "rape" and "sexual assault" in California law?Watch this video on YouTube In general, you commit the crime of rape if you have non-consensual sexual intercourse with another person by means of physical force or threats. By contrast, you commit the offense of sexual assault if you make sexual …
LEGAL ANALYSIS — Does California Have a "Romeo & Juliet" Law?Watch this video on YouTube There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself.1 What are Romeo …
Is there a difference between DUI and DWI?Watch this video on YouTube In California, DUI is the correct acronym for the crime of driving under the influence of drugs or alcohol. However, it is also common to refer to the offense as DWI, or driving while intoxicated. Unlike in some other states, there is no …
What is a “Batterers’ Intervention Program”?Watch this video on YouTube A batterers’ intervention program, or BIP, is a rehabilitation program you may be eligible for if convicted of certain domestic violence offenses. You are typically required to complete a BIP as a part of your sentence. Different states use different programs, though the focus is to …
Defrauding an innkeeper is a criminal offense that can be charged if you obtain goods or services from a business without paying for them. This often involves “dining and dashing” from a restaurant, or failing to pay after you stay at a hotel or you fill up your tank at a gas station. Depending on …
Most jurisdictions say that you have to be charged with a hit-and-run case within either: one year from the date of the accident, if the crime is charged as a misdemeanor, or three years from the date of the accident, if the crime is charged as a felony. Note that the time by which a …
5 Ways Battery is a FelonyWatch this video on YouTube Battery can be a felony. A prosecutor can charge the crime as either a felony or a misdemeanor depending on the facts of the case, the extent of the victim’s injuries, and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense …
Most states say that you can still become a lawyer even if you were convicted of a felony. This is often true, however, only provided that you can pass your state’s moral character review process. You can generally pass this review if you can positively show that you have rehabilitated yourself since your conviction. Note …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you should …
Unsupervised probation is a type of probation authorized in many states where you report directly to the court rather than to a probation officer. This is typically a more relaxed form of probation that is reserved for misdemeanor offenders that pose a low risk of harm to the community. As with supervised probation, you must …
States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
Blackmail is a crime under federal law and the laws of every state. Blackmail involves coercing or extorting someone to gain money, property, or services unless the victim meets specific demands. This offense is generally a felony that can carry over a year in prison and high fines. In many states, blackmail falls under the …
The difference between theft and robbery is that theft is merely stealing someone’s property, whereas robbery is using force or fear to take property from a person’s immediate possession. So theft is a less serious property crime. Robbery is a more serious violent crime. Most jurisdictions say that theft can lead to misdemeanor or felony …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
There are three ways to check the status of your California driver’s license and whether it is valid or suspended: online on the DMV website, in person at a DMV office, and by mailing an INF 1125 form to the DMV headquarters. Each method has a fee. That fee ranges from $2 to $5.1 There …
You took a bat to an ex-girlfriend’s mailbox out of anger. Now you are under investigation for the crime of vandalism. Is this a felony crime? It can be. Most states say that vandalism can be charged as a felony if: the crime results in property damage that is valued above a certain dollar amount …
Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to six months in jail. In this article I go into depth …
You were recently cited for reckless driving by the California Highway Patrol (CHP). You now want to contest the ticket. The CHP officer that cited you said he caught you on the patrol car’s Mobile Video Audio Recording System (MVARS). Can you get a copy of the MVARS video? Most likely, yes. MVARS footage is …
The three most common things to bargain for during plea negotiations for a felony offense are: reducing the charge, preferably to a misdemeanor, a shorter jail or prison sentence or, if possible, no jail time at all, and more lenient terms of probation. The plea bargain process is a negotiation between the prosecution and you …
An FTA warrant is essentially a bench warrant for your arrest that a judge issues because you “failed to appear” (FTA) for a court matter. You can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. You typically must appear in court to recall an FTA warrant. …
