Criminal Defense

5 “Self Defense Weapons” That Are Legal in California

Posted on March 5, 2025 | Category: Criminal Defense, Useful information

5 Self-Defense Weapons that Are Legal in CaliforniaWatch this video on YouTube 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: …

Is having sex in a car against the law? A lawyer explains

Posted on February 7, 2025 | Category: Criminal Defense, Misdemeanor

LEGAL ANALYSIS — Is having sex in a car against the law?Watch this video on YouTube 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 …

Can charges be dropped at the preliminary hearing?

Posted on February 4, 2025 | Category: Criminal Defense, Useful information

A judge hammering his gavel after arriving at a decision during a preliminary hearing.

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, …

Is “battery” a “felony”? A Criminal Defense Lawyer Explains

Posted on January 30, 2025 | Category: Battery, Criminal Defense, Useful information

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 …

How do I get MVARS from CHP? A Defense Lawyer Explains

Posted on January 28, 2025 | Category: Criminal Defense, Traffic Laws, Useful information, Vehicle Code

Police MVARS dash cam footage being recorded at a point of traffic at night.

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 …

FTA Warrant – What is it and how can I get it fixed?

Posted on January 28, 2025 | Category: Criminal Defense, Useful information

Defendant with an FTA in a courtroom asking the judge to recall his warrant

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. …

Can a felon hunt with a crossbow in Colorado?

Posted on November 8, 2024 | Category: Criminal Defense

A person aiming a crossbow at a target. Felons probably cannot possess crossbows for any purpose, including hunting.

It depends on the felony. Colorado’s POWPO law – which stands for “possession of a weapon by a previous offender” – prohibits you from possessing weapons (which probably includes crossbows) for any purpose if you have been convicted of certain serious felonies, but not all felonies. For example, POWPO does not apply if your felony …

Is it illegal to possess counterfeit money?

Posted on October 5, 2024 | Category: Criminal Defense, Laws, Useful information

It is not illegal merely to possess counterfeit money. Possessing counterfeit money becomes illegal if you know that it is counterfeit and intend to use it to defraud someone. Counterfeiting is a federal crime, and using counterfeit money is often a state one. A conviction for counterfeiting can carry up to 20 years in federal …

The “Ambien Defense” – Can it get a DUI charge dismissed?

Posted on October 2, 2024 | Category: Criminal Defense, Drug Crimes, DUI

The Ambien defense is a legal defense strategy to a criminal charge of driving under the influence of drugs (DUID). It argues that you cannot be held criminally liable because your driving was not a voluntary act. However, it is often a weak defense strategy because you knowingly took sleeping pills and the warning label …

“Bond Revocation” in Colorado – When does this happen?

Posted on September 20, 2024 | Category: Criminal Defense

Colorado judges revoke bond when you violate bail conditions (CRS 18-8-212), such as failing to appear (FTA) in court. Once a bond is revoked, you may be remanded to jail pending the outcome of the criminal case. The bail money may then be forfeited to the court. How do bail bonds work in Colorado? Most …

Road Rage in Las Vegas – Can It Lead to Criminal Charges?

Posted on June 7, 2024 | Category: Criminal Defense

“Road rage” is not a defined crime under Las Vegas or Nevada law. However, hostile actions and words provoked by another driver’s actions could lead to your arrest and conviction on a number of criminal charges. At its most extreme, road rage can lead to Nevada voluntary manslaughter (NRS 200.050) charges if someone is killed. Such …

Can you go to jail for speeding in Colorado?

Posted on March 27, 2024 | Category: Criminal Defense

Police holding up speed detection device.

It depends. Speeding (CRS 42-4-1101) less than 25 miles per hour over the speed limit is usually just a class A traffic infraction in Colorado, which carries no jail. Instead, you face penalties of: fines, surcharges, and Colorado DMV points on your driver’s license However, speeding 25 miles per hour or more than the speed limit …

Mitigating Circumstances in California – What Does it Mean? What are Examples?

Posted on March 26, 2024 | Category: Criminal Defense, Sentencing, Useful information

A man being influenced to potentially do something out of character, potentially leading to a mitigating circumstance defense if he does something wrong.

Mitigating circumstances are facts surrounding a California 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 …

Examples of Federal Crimes – 10 Common Ones

Posted on March 15, 2024 | Category: Criminal Defense, Federal Crimes, Laws, Useful information

A file on tax evasion under a pair of cuffs.

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 …

Hit and run with only property damage – is it less serious?

Posted on March 15, 2024 | Category: Car Accidents, Criminal Defense, Hit and Run Accidents, Vehicle Accidents

Car with dented fender after hit and run

When you commit a hit and run that causes only property damage, the crime is considered less serious than when it causes injury or death. Hit and run cases with only property damage are charged as misdemeanor offenses. However, hit and run with bodily injury or death is charged as a felony. Misdemeanor hit and …

What is the juvenile arraignment process in Denver?

Posted on February 26, 2024 | Category: Criminal Defense

The juvenile arraignment process in Denver is where minors get officially charged with a crime in Denver Juvenile Court. It is substantially different from the arraignment process for adults. Many juvenile cases do not go through the arraignment process. These cases get resolved informally, instead. What is arraignment? An arraignment is a court hearing. It …

Section 1983 Lawsuits in California – 3 Key Things to Know

Posted on February 6, 2024 | Category: Criminal Defense

Section 1983 — Info about bringing a civil rights lawsuitWatch this video on YouTube A Section 1983 lawsuit is a legal claim that demands financial compensation for violations of your civil rights. Four things to know about them in California are: overcoming the qualified immunity defense can be difficult, there is a California state law, …

Is it illegal to impersonate someone in Colorado?

Posted on October 16, 2023 | Category: Criminal Defense

Colorado’s criminal impersonation laws (C.R.S. 18-5-113) by knowingly assuming a false identity while doing either of the following five things: signing a recordable legal document and with intent to pass it off as true; posting bail for someone; marrying (or pretending to marry) another person who is ignorant of the false impersonation; doing anything may …

How long does the D.A. have to file felony charges in California?

Posted on August 30, 2023 | Category: Criminal Defense

Composite collage image of handcuffs and the word "felony" in a red stamp, over top of a blended, half-opacity, image of an analog clock face with hands reading the time 3:08, over a calendar of black numbers representing days of an unknown month in an unknown year.

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 …

Is it a crime to urinate in public in Colorado?

Posted on June 15, 2023 | Category: Criminal Defense

A red strike through over the graphic of someone peeing in public

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 …

Do you get bail money back? A defense lawyer explains

Posted on May 25, 2023 | Category: Criminal Defense, Useful information

A woman receiving her bail money back after appearing at all of her required court dates.

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. …

Do breathalyzers detect weed? A DUI lawyer explains

Posted on March 29, 2023 | Category: Criminal Defense, Drug Crimes, DUI, Useful information

A suited man blowing into a breathalyzer in his car.

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. …

How to Get a Possession Charge Dismissed – 5 Strategies

Posted on January 11, 2023 | Category: Criminal Defense, Drug Crimes, Useful information

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 …

What’s the difference between jail and prison in Nevada?

Posted on November 15, 2022 | Category: Criminal Defense

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 …

What’s the difference between “jail” and “prison”?

Posted on November 14, 2022 | Category: Criminal Defense, Felony, Misdemeanor, Penalties, Useful information

A man behind bars, possibly a prison or a jail, depending on the circumstances.

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 …

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