There are four possible consequences if you commit a misdemeanor offense while out on bail. These include: the setting of a second bail, possibly at an increased rate, bail revocation with a remand into custody, bail forfeiture, and the possible loss of a plea bargain. Examples of common misdemeanor crimes include: driving under the influence …
Minors in California found to have engaged in vandalism are usually put on probation or in a diversion program. The terms of probation generally include restitution, community service, counseling, a curfew, and other restrictions. Juvenile convictions might be a factor in sentencing for a later case where the defendant is tried as an adult. What …
You were fined for smoking marijuana in your car while it was parked outside a bar. Isn’t marijuana legal in California? Do I really have to pay the fine? Yes. Proposition 64 legalized recreational marijuana. This means it is legal for people 21 and older in California to possess and use small amounts of marijuana. …
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 …
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 …
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 …
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 …
There is generally not a set or limited amount of time in which you can be held in custody if you are arrested or detained on a bench warrant. If you are awaiting trial, you could potentially be kept in jail until the trial is completed. If you are arrested for failure to appear or …
It can be illegal for two minors to have sex. In some states, having sexual intercourse with someone who is under the age of consent is always treated as statutory rape. In other states, however, there is an exemption to statutory rape for when two people who are close in age have consensual sex. Statutory …
Under the law in most states, misdemeanor manslaughter consists of killing someone in the commission of a non-felony offense, or in the commission of a misdemeanor. Misdemeanor manslaughter is sometimes referred to as “constructive manslaughter” or “unlawful act manslaughter.” The crime is a form of involuntary manslaughter, which is the offense whereby you cause the death …
Playlist: Negligent HomicideWatch this playlist on YouTube Negligent homicide is defined as a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person ignores a known …
If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects. Note that misdemeanors are criminal offenses for which the maximum penalty is generally up to one year in county jail. Misdemeanors are considered more serious than …
If a personal injury case loses, the fee structure will determine how much, or even whether, the client will have to pay their lawyer. Many personal injury attorneys are paid a contingency fee. If the case loses, these lawyers get paid nothing. Some lawyers, however, charge upfront or an hourly rate. If the case loses, …
