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 …
In California, consecutive sentences are prison terms that are served one after the other. Concurrent sentences are prison terms that are served at the same time. Serving consecutive sentences means more time in prison. They are a factor if you are convicted of multiple crimes. California judges have lots of discretion in which type of …
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 …
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 …
Federal prison is operated by the federal government and houses inmates convicted of breaking federal laws. By contrast, state prisons are operated by state governments and house people convicted of breaking state laws. Federal prisons are generally safer than state prisons and they keep inmates that are of a less violent and dangerous nature. The …
What is indeterminate sentencing? How it worksWatch this video on YouTube An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range as opposed to a fixed amount of time. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, …
Accidental homicide is where you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental killing is not a crime. However, you could face criminal charges if you killed someone on accident while performing an unlawful or …
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 and Juliet Laws? Romeo and Juliet laws say it is not always a crime to …
The statute of limitations for statutory rape in California is either 1 year or 3 years. California statutory rape charge Statute of limitations to prosecute misdemeanor within 1 year of the incident felony within 3 years of the incident If charges are not filed within this timeframe, the charge can be dismissed. These limitations only …
The corpus delicti rule is the legal principle that no one can be convicted of a crime without proof that the crime actually occurred. In California, this proof must be independent of the defendant’s out-of-court statements, even if they amounted to a confession. The name of the rule is Latin for “body of the crime.” …
What is a "No Contest" plea? Is it different from a "Guilty" plea?Watch this video on YouTube The terms “guilty plea” and a “no contest plea” are often used interchangeably. But each can have different implications if you plead to a criminal charge. Pleading guilty means you admit that you committed the crime. Pleading no …
“Dismissed without prejudice” is a legal term that means a case is dismissed but can still be refiled at a later point. Both civil and criminal cases can be dismissed without prejudice. The plaintiff or prosecutor can refile their civil claim or criminal charge, typically after fixing problems with the initial filing. This is different …
In the California criminal justice system, a “Humphrey hearing” is a court hearing held soon after you are arrested for a crime. A judge holds the hearing to ensure that you are not kept in custody following an arrest because you do not have the financial resources to post bail for release. You can be …
What Are Brady Violations? 7 ExamplesWatch this video on YouTube 7 common examples of a Brady violation in criminal trials are when a prosecutor fails to disclose to a criminal defendant (or a defense attorney): evidence of a record or report that might suggest the defendant did not commit a crime (such as a law …
The best way to get a child endangerment charge dropped is to present exculpatory evidence. You can do this by: hiring a criminal defense lawyer, gathering evidence, and showing the prosecution that the case against you is weak. You can also engage in the plea bargaining process to get a deal that drops the endangerment …
In California, a hit-and-run is the crime of crashing into someone or something and then fleeing the scene without providing your personal and contact information. Five things to know about this offense in California are: there are 2 different statutes that could apply, the criminal penalties for a conviction can be significant, points will be assessed …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
California is a “two-party consent” state, meaning that it is illegal to record a conversation without the consent of all parties involved. Without everyone’s consent, you are unlawfully eavesdropping under California Penal Code 632 PC. Here are five key things to know: Eavesdropping is a wobbler, meaning that it can be charged as a misdemeanor …
Petty theft with a prior is a criminal charge for a minor theft against someone who has been convicted of theft in the past. Because of the prior convictions, the penalties that the new charge carries are higher. Different state laws have different sentencing enhancements for this situation. What is petty theft? Petty theft is …
Brandishing a weapon is the crime of exhibiting something that could be used as a weapon in a threatening manner. How exactly the offense is defined, and the penalties for a conviction, vary by state. However, brandishing a weapon in an act of lawful self-defense is generally a legal defense to the charge. What does …
In California, “police code 245” refers to the crime of assault with a deadly weapon. This includes assault with a firearm, as well as assault by means likely to produce a great bodily injury. The number for the code comes from the section of California’s Penal Code that defines the offense. In other jurisdictions, this …
In California, police code 211 is for a robbery or armed robbery, which is covered by California Penal Code section 211. There are also police codes for robbery alarms. Code 211A is for when a normal robbery alarm has been reported. Code 211S is for a silent robbery alarm. What is robbery in California? The …
The Nevada smoking age is 21 years old. The minimum tobacco age limit was recently raised from 18 years old to 21 years old to align with federal law.1 The purpose of the new laws raising the state- and federal minimum age to sell tobacco products and purchase tobacco products is to promote public health, …
You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime? Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to …
Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are: crimes of moral turpitude, aggravated felonies, drug offenses, firearms offenses, and crimes of domestic violence. 1. Crimes of moral …
