In California, law enforcement agents can get a wiretap for your phone if they can obtain a court order. This court order can initially last up to 10 days, although it can be extended. It will only be issued if there is probable cause to believe it would gather evidence of a serious felony. The …
If you do not go to jury duty when summoned, the judge will typically issue you a second summons. If you continue to not go to jury duty, you can be held in contempt of court. Contempt of court can carry a fine or even jail time. You can avoid this outcome by showing that …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name “wallet gun.” You can fire a wallet gun while it is still …
Every year thousands of innocent people are arrested for crimes they did not commit. Most such arrests do not result in a conviction. Up until now, these arrests have shown up on California criminal background checks — even though California law prohibits employers from asking about arrests that do not result in a conviction. In the past, getting an …
Most jurisdictions say that you have to be charged with a hit-and-run case within either: one year from the date of the accident, if the crime is charged as a misdemeanor, or three years from the date of the accident, if the crime is charged as a felony. Note that the time by which a …
Arson is more likely to be charged as a felony when it causes or poses a risk of great bodily injury or involves the burning of an inhabited structure or place of worship. Arson is more likely to be charged as a misdemeanor when there is minimal property damage – though in some states, arson …
We find that there is alot of confusion out there about the different types of warrants. For example, a bench warrant is entirely different from a search warrant. In this article, we will try to provide some clarification. There are five common types of warrants used in the criminal justice system. These are: an arrest …
A felony arraignment hearing is normally the first formal court appearance in criminal cases where you are charged with a felony offense. At the arraignment, the court will inform you of the crime(s) filed against you, advise you as to your constitutional rights, address issues of bail and release from custody, and accept a plea …
According to most jurisdictions, the top 5 reasons why a judge may terminate your probation early are that you: complied with all the terms of your probation, avoided any new arrests or criminal charges, paid all fines, fees, court costs, and restitution, did not commit any probation violations, and would experience a hardship if you …
Specific intent crimes are those offenses where a prosecutor must prove (and beyond a reasonable doubt) that the defendant intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: burglary, forgery, and robbery. In contrast, general intent crimes are offenses …
The term released on own recognizance means that you can get out of jail after an arrest without having to post bail. You simply have to promise to show up at future court proceedings. “Released on own recognizance” is also sometimes referred to as “R.O.R.,” “own recognizance release,” or an “O.R. release.” You or your …
Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00). The 5 best defenses to a petty larceny charge are to show that: you actually own the property that was allegedly stolen, you acted with …
Most jurisdictions say that you are an accessory after the fact if you knowingly help a criminal escape justice after that person has committed an offense. “Help” usually takes the form of knowingly harboring, concealing, or aiding a criminal so that he/she can avoid prosecution or punishment. Depending on the facts of the case, a …
A drug diversion program works by removing or “diverting” first-time, low-level drug defendants from the criminal justice system. These defendants are ordered to complete a rehabilitation program. If successful, the charges are dropped, dismissed, or sealed. If you fail to complete the program, however, the prosecution resumes and often goes straight to the sentencing phase. …
Driving without current and valid vehicle registration in Colorado is a class B traffic infraction punishable by $15 to $100, a small surcharge, and no DMV points. If you fail to register your vehicle within 60 days of purchasing it or within 90 days of moving to Colorado, you face additional fines of $25 per …
A character recommendation letter is a letter written by someone else that attests to your good character. These are commonly used during a sentencing hearing after a criminal conviction. Five things to know about character letters are: quality is better than quantity, it matters who writes them, the person writing them may get contacted, good …
The 3 most common things to bargain for during plea negotiations for a felony offense are: reducing the charge, preferably to a misdemeanor, a shorter jail or prison sentence or, if possible, no jail time at all, and more lenient terms of probation. A skilled criminal defense lawyer can often help negotiate these things on …
Colorado’s mandatory minimum sentencing law requires defendants convicted of certain high-level crimes to serve no less than the minimum allowable prison sentence. Crimes that carry mandatory minimums under Colorado law include: Class 1 felonies, drug felonies, crimes of violence, sex offenses, and habitual criminals. The sentencing court judges in these cases do not have the …
Penal Code 632 PC – When is "eavesdropping" a crime?Watch this video on YouTube Under California law, eavesdropping is the crime where people listen in on a private conversation without the knowledge or consent of the parties, and use either a recording device to record the conversation or an amplifying device to help hear the …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
LEGAL ANALYSIS — The Crime of "Solicitation of a Minor" 3 Ways to Fight ChargesWatch this video on YouTube Solicitation of a minor is a criminal offense whereby a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. …
You were excited about a used car purchase because of the vehicle’s relatively low mileage. But now the auto is nothing but trouble. Is it possible that someone tampered with the car’s odometer? Yes, it is possible. There are devices available that people can use to alter a digital odometer reading. They can use these …
