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Updated January 13, 2021 Colorado drug diversion and “wobbler” sentencing Colorado policy is to offer low-level drug offenders every opportunity for rehabilitation rather than incarceration. Depending on your drug offense and your criminal history (if any), alternatives to incarceration for drug offenses may include: Pretrial diversion for first time drug misdemeanors; or A deferred sentence …
Updated January 7, 2021 Penal Code 243b and 243c are the California laws that define the crime of battery on a peace officer or police officer. A person commits this offense by willfully and unlawfully touching a peace officer or other protected official in a harmful or offensive manner. Note that to constitute an offense, …
Updated October 9, 2020 A “crime involving moral turpitude” (or CIMT) is an offense that involves either (1) dishonesty (such as fraud), or (2) base, vile, or depraved conduct that is shocking to a reasonable person. A conviction for a crime of moral turpitude can have a negative effect on a person’s immigration status if …
Updated December 21, 2020 Marlex is the trademarked name for a specific type of plastic. That plastic is used in many of C.R. Bard’s hernia mesh products. Marlex was never being designed for internal use, as it was known to degrade inside the body as it comes into contact with oxygen. Nevertheless, C.R. Bard has …
Updated September 26, 2020 CRS 18-4-202 is the Colorado law that defines first-degree burglary as knowingly entering another’s property with the intent to commit a crime, and committing an assault on someone or having a deadly weapon. As the most serious burglary crime, first-degree burglary is a class 3 felony that carries 4 to 12 years in prison and/or $3,000 to …
Updated July 11, 2020 Nevada law defines shoplifting as intentionally stealing items from a retail establishment. The crime is formally referred to as larceny. The degree of larceny depends on the value of the stolen merchandise. Taking less than $1,200 worth of items is misdemeanor petty larceny. Taking $1,200 or more is prosecuted as the …
Updated January 11, 2021 Early removal of an ignition interlock device (IID) in Colorado is possible if the following five criteria are met: The defendant is a first-time DUI offender; The defendant’s blood alcohol content (BAC) was less than 0.15%; The defendant was 21 at the time of the DUI; The defendant is a Colorado resident; …
Yes, Colorado does have a Romeo and Juliet law. A minor under age 15 in Colorado can legally consent to sexual penetration with a person who is within four (4) years of his or her age. And a minor age 15 or 16 years of age can legally consent to sexual penetration with a …
DWAI stands for the Colorado crime of “driving while ability impaired” (42-4-1301 (1)(g)). In Colorado, people commit DWAI if they are operating a motor vehicle while they are impaired by drugs or alcohol in “the slightest degree.” DUI per se versus DWAI The Colorado crime of DUI per se (42-4-1301(2)(a)) occurs when a person drives …
It is standard practice for criminal defense attorneys to ask prosecutors to grant deferred sentencing in Colorado (C.R.S. 18-1.3-102) for their misdemeanor clients. These defendants have a better chance of getting deferred sentencing if they have no prior criminal history and are not a threat to public safety. Deferred sentencing definition A Colorado criminal defense attorney’s …
Waiving extradition in Colorado is when fugitive who is arrested in Colorado for allegedly committing a crime in another state agrees to be transported to the charging state without putting up a legal fight. Extradition from Colorado is a lengthy legal process where fugitives can fight the government’s right to transport him/her to the charging …
You’ve entered into a plea bargain with prosecutors and pled guilty to a felony in Orange County, California. On second thought, however, you think you’ve made the wrong decision. You may be able to take your guilty plea back, but only under certain circumstances and only if you do it in time. California law specifically …
2020 UPDATE: E-cigarettes and vaping is now illegal in malls, restaurants, child care facilities, theaters, arcades, and bars where children are allowed. But they remain legal in certain casinos areas, stand-alone bars where children are disallowed, brothels, tobacco stores, strip clubs, and convention floors at tobacco-related trade shows. Currently, it is legal to smoke electronic …
Yes. Prostitution is defined not only as trading sexual favors for money…but also as offering or agreeing to trade sexual favors for money. Merely soliciting prostitution can be prosecuted as prostitution in Nevada even if no physical touching took place. In Nevada, the majority of prostitution charges stem from cases where no sex occurred. Often …
A civil compromise is only available in misdemeanor cases. They are not allowed in felony cases. A civil compromise is no longer allowed in California hit and run cases. While it used to be available to help dismiss these offenses, in February 2019 the California Appellate Court ruled that a charge of misdemeanor hit and …
2020 UPDATE: “Smoking” now includes e-cigarettes and vaping, not just traditional cigarettes. No. The Nevada Clean Indoor Air Act (NRS 202.2483) prohibits smoking in several indoor spaces, including: movie theaters; video arcades; government buildings; hospitals; child care facilities; malls and retail establishments; grocery stores (including those with slot machines); indoor places of employment; schools; and …
The freedom to assemble and peacefully protest is one of our most fundamental rights under the First Amendment. But in Los Angeles and elsewhere in California, that right generally does not extend to protests on private property. The issue has come up especially in light of the recent protests over the George Floyd killing and …
Yes. Unfortunately, undocumented immigrants are not the only non-citizens subject to detention by US Immigration and Customs Enforcement (“ICE”). Any non-citizen can also be detained if they have a past conviction for a “removable” (deportable) crime. This includes: Lawful permanent residents (also known as “LPR”s or green card holders), Visa holders, and Refugees (including those …
The answer in most cases is yes. Police will usually need a warrant to conduct a search of your computer or hard drive under California law. As the U.S. Supreme Court recognized in the 2014 case of Riley v. California, electronic devices often contain a “record of nearly every aspect of [people’s] lives.” As a …
Possibly, especially if it is the defendant’s first offense. Possession of drugs for personal use is typically prosecuted as a felony in Nevada. However, prosecutors may be willing to lessen the felony drug charge to a misdemeanor if it is the defendant’s first offense. Nevada’s “catch-all” misdemeanor drug possession statute is NRS 454.351, and it …
In some cases, yes. California is a “no-fault” divorce state. This means that, in general, evidence of specific acts of misconduct is improper and inadmissible in a pleading or proceeding for dissolution of marriage or legal separation of the parties. However, a conviction for domestic violence or a violent sexual felony against your spouse changes …
New apps such as Wag! and Rover match dog owners with people willing to perform on-demand dog walking, sitting, or boarding. They purport to operate similarly to the way in which ride-sharing apps connect riders and drivers. The companies running these apps do pre-screen and conduct a background check of their dog walkers. But they …
Yes. People with a current valid driver’s license from a foreign country can legally drive in California. They do not need to get a California driver’s license or international driving permit (“IDP”) as long as: They are at least 18 years of age, The license was lawfully issued in the country where they reside, and …
Yes. Police can act on anonymous tips if they follow the rules, laws, and procedures that have developed in accordance with the U.S. Constitution. Police contact with people usually occurs: on public streets, in motor vehicles, in homes or other buildings. The Fourth Amendment of the United States Constitution guarantees: The right of the people …