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In California, the district attorney has 3 or more years to file a felony charge. The exact number will depend on the felony offense. Some serious felonies have a 6-year criminal statute of limitations. Severe sex offenses often have a 10-year window for charges to be filed. For the most severe felonies, California district attorneys …
It is a crime to urinate in public in Colorado. Colorado’s law against public indecency (CRS 18-7-301) makes it illegal to knowingly expose your genitals to someone else in a way that is “likely to cause affront or alarm.” This includes public urination. A petty offense, peeing in public carries up to 10 days in jail …
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. …
Five legal self-defense weapons in California are: pepper spray, stun guns or tasers, certain knives (such as a pocketknife or non-switchblade folding knife), personal alarms, and certain guns (such as handguns or shotguns). Some self-defense weapons that are illegal under California law include: weapons that are prohibited under California Penal Code 16590 PC, concealed dirks …
There is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with …
Mitigating circumstances are facts surrounding a crime that work to reduce your culpability or overall responsibility for committing an offense.1 You present mitigating circumstances during a misdemeanor and felony sentencing hearing to persuade the judge to grant a more lenient sentence. Ten examples of mitigating factors include: You only played a minor role in the …
You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond. …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if you are under the influence of marijuana. …
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 …
There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
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 he or she finds, based on the evidence presented at the …
There is a difference between jails and prisons. In Nevada, jails are county or city-run detention centers for inmates who have just been arrested, who are awaiting trial, or who are serving misdemeanor or gross misdemeanor sentences. Prisons are state-run detention centers that house people who are serving felony sentences. Who goes to jail in …
You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison? If not, what’s the difference? State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated …
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 police just arrested you for DUI and they made you unlock your phone so that they could look through it. Can they really make me unlock it? The answer largely depends on the state in which you live. Some jurisdictions say that law enforcement personnel can make you unlock your phone (usually by either …
10 of the most common ways in which you can be found to be in violation of your parole are when you: violate travel restrictions, fail a drug test, do not report to your parole officer (or show up late for a meeting), fail to secure gainful employment, refuse to be searched, possess a firearm …
The best-case scenario following a Colorado arrest is being released from jail on a personal recognizance bond (PR bond), which means the defendant does not have to put up any bail bond money. Instead, the defendant just has to promise to show up to all future required court dates. PR release is also commonly called …
The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
Colorado judges revoke bond when a defendant violates bail conditions (CRS 18-8-212), such as failing to appear (FTA) in court. Once bond is revoked, the defendant may be remanded to jail pending the outcome of the criminal case. And the bail money may be forfeited to the court.1 How do bail bonds work in Colorado? …
In simple terms, a probation violation is when you violate one of the terms and conditions of your probationary sentence. A common example is failing to perform court-ordered community service. Most jurisdictions acknowledge two types of probation. These are: misdemeanor probation (or “summary probation” or “informal probation”) for misdemeanor convictions, and felony probation (or “formal …
The term “speed contest” means for one motor vehicle to race against another while on a public street, or in an area not designated for a car race. It can also refer to the act where you race a car against some type of timing device (such as a stopwatch). Engaging in a speed contest …
In general, a defendant in a criminal court proceeding should not talk to a witness. This is because: the judge usually orders the defendant not to have contact with any witnesses, and speaking with a witness could lead to charges of intimidating or dissuading a witness, any statements a defendant makes to a third party …
It can be. Most states say that it is illegal to possess counterfeit money if you know the money is counterfeit and try to use it to defraud another person. The crime can lead to either a misdemeanor or felony charge punishable by several years in jail or state prison. If you are accused of …
A felony pretrial hearing is a meeting in court involving the defendant, the criminal defense lawyer, the prosecutor, and the judge. The hearing takes place after the preliminary hearing, but before the jury trial. Sometimes the court holds several pretrial hearings before the case is set for jury trial. The following five things often take …
There are five proven things you can do to help defend yourself against false accusations. These are: seek the help of a criminal defense attorney, conduct a pre-file investigation, gather evidence to support your side of the story, obtain evidence to impeach the accuser, and take a private polygraph test. There are also three important …