You are charged with sexual assault in connection with a domestic violence matter. However, you believe you committed the crime because you were easily startled due to your post-traumatic stress disorder (PTSD). Is it possible to use your PTSD to challenge the charge? The answer largely depends on the facts of your case and how …
People arrested by the California Highway Patrol (CHP) are generally taken to local county jails, city jails, police department jails or holding facilities. Aside from the CHP Lockup facility in Sacramento, the CHP does not operate its own system of jails. If arrestees are not released on bail or their own recognizance, they are held in these facilities …
A background check revealed that you were convicted of DUI two years ago. A potential employer is now asking for a disposition date for the offense. What exactly is this? With respect to a criminal case, the date of disposition refers to the date that a court made a final ruling on your case. The …
A loved one of yours was recently arrested for a criminal offense, say a white-collar crime or DUI. You are now in desperate need to find a criminal defense attorney. Are there certain factors you should be considering? Yes. There are five key tips to consider when looking for a good criminal defense attorney. These …
Maybe you were arrested for DUI. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ? Probation and parole refer to two separate concepts in the U.S. justice system. Probation is part of your sentencing that works to either reduce …
I was arrested for driving under the influence of alcohol (DUI). My arrest took place after I caused a drunk driving accident. Does the crash lead to more severe charges? Possibly, yes. Your DUI case will usually become more serious if you drove while intoxicated and caused a motor vehicle accident while doing so. “More …
Police barged into your home and seized what they told you was “evidence of a crime.” But they did so without a valid search warrant. The police said they did not need one because of “exigent circumstances.” What does that mean? Exigent circumstances are situations that require swift or immediate action usually on the part …
You signed a written promise to appear in court but failed to appear as required. You receive word that the judge in the case issued a “body attachment.” That doesn’t sound good. But what does it mean? A body attachment is a warrant issued by a judge that authorizes a law enforcement officer to arrest you …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
There is a statute of limitations for a probation violation in California. The statute of limitations expires the moment when a party’s probation period ends. This means that a probation violation cannot be charged if it gets discovered after a person’s probation period is no longer active. Note that a probation violation occurs once a …
An ICE hold refers to a written request from U.S. Immigration and Customs Enforcement (ICE) to a local jail or other law enforcement agency that has taken a person into custody after a lawful arrest. The request asks that the jail or agency detain the person for an additional 48 hours after his/her scheduled release date. …
The term “queen for a day” in the legal context refers to a written agreement between federal prosecutors and a person suspected of a crime. Under the agreement, you agree to tell the government about your knowledge of criminal activity, and in turn, the prosecutor agrees not to use your statements against you in any …
You generally cannot appeal a conviction stemming from a plea of guilty or no contest. But you can make a motion to withdraw a guilty plea or no contest plea. If a judge grants the motion, you are then given the chance to withdraw the prior plea and substitute it with a plea of not …
The top 3 legal defenses to arson charges are for you to show that: you did not act with criminal intent, the fire was started by something other than arson, and you were falsely accused. The criminal laws of most states say that you commit the crime of arson if you intentionally and willfully set …
A writ of coram nobis is a court order in a criminal proceeding that allows a trial court to reconsider a verdict upon the discovery of new facts that were not available during trial. You typically bring one by filing a petition for writ of coram nobis with the court that convicted you and sentenced …
Most state laws set forth three possible outcomes if a person violates his/her probation for the first time. These include a judge: issuing a warning to the probationer and reinstating probation under the person’s original terms, modifying the terms of the probation (often to make them harsher), or revoking probation and sending the probationer to …
There are three important things that you must do if falsely accused of a sex crime. These are: contact a criminal defense attorney, document the alleged incident, and understand the nature of the accusations. There are also three important things that you should not do if facing false allegations of a sex offense. These are: …
Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by …
A rock may be considered a deadly weapon. Criminal laws generally say that an object is a deadly weapon if it can be used in a manner that makes it capable of producing death or great bodily injury. Given this definition, a “deadly weapon” may include such things as: rocks, bottles, and BB guns. Penal …
If your probation ends and you still owe restitution the debt does not go away. Under California Penal Code 1214, any victim restitution that remains unpaid when probation ends, is enforceable against the defendant as if it were a civil money judgment. Restitution still owing when probation ends is enforceable as a civil money judgment …
Maybe. California courts have ruled that hands and feet are not considered “deadly weapons” under California’s assault with deadly weapons law, penal code 245(a)(1). However, kicking someone can still be considered assault with a deadly weapon if it is done with force likely to produce great bodily injury. Under Penal Code 245(a)(1), assault with a …
Cars with lower mileage will generally sell for a higher price on the used car market. But if you tamper with an odometer to alter or reduce the mileage it displays, you are committing a federal criminal offense. Approximately 450,000 vehicles are sold each year with false odometer readings, defrauding car buyers of an estimated …
The maximum sentence for child molestation in California ranges from probation to life in prison, depending on a number of factors: The age of the child, if under 14 years of age, if 14 or 15 years old. Whether there is an accusation that force, violence, duress, or threats were used, The number or pattern …
The law is unclear. If ASP batons fall under Colorado’s definition of blackjacks, then they are illegal in the state. But if ASP batons are not considered blackjacks, then people should be able to possess and openly carry them. What is an ASP baton? ASP is short for Armament Systems & Procedures. It is a …
Colorado judges generally have discretion over whether to impose concurrent- or consecutive sentencing unless a specific statute mandates otherwise. Concurrent means that the defendant serves two or more separate sentences at the same time. And consecutive means that the defendant serves the separate sentences one-after-the-other. When are consecutive sentences mandatory in Colorado? Consecutive sentences are …
