Civil cases are legal disputes that normally occur between private parties. The plaintiff generally demands financial compensation for losses sustained by the defendant’s wrongful conduct. Criminal cases are allegations by a public law enforcement agency that the defendant broke the law. Prosecutors can pursue criminal fines, prison time, and other sanctions. Differences between civil and …
In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circumstances during the case. The standard of proof that has to be met by the party with …
In California, a felony conviction stays on your record forever, if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. Until you get the conviction removed from your criminal history, you can face serious obstacles. The felony can be found on criminal …
3 ways to beat solicitation charges in CaliforniaWatch this video on YouTube The term “solicitation” generally means asking for or trying to get something from another person. While relatively simple, the word causes some confusion when applied to California law. What exactly does soliciting mean in the California criminal justice system? There are five key …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. In many of the cases I handle, it often allegedly involves a child. Physical penetration is not necessary for there to be lewd and lascivious conduct. An example is intentionally groping a minor. Lewd and lascivious conduct is …
A spring assisted knife is legal in California as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the …
In California, many law enforcement agencies have specialized units that focus on investigating alleged child sexual offenses such as lewd acts with a minor (PC 288). These cases are typically assigned to detectives who have received extensive training in interviewing young victims and analyzing forensic evidence. Here is a step-by-step look at how police generally …
Homicide is the killing of another human being. Murder is an unlawful homicide with malice aforethought. Therefore, homicide is an umbrella term that includes more situations where someone gets killed, such as lawful killings or those without malice aforethought, also known as manslaughter. Murder is a type of homicide. Differences between murder and homicide This …
Playlist: .50 Caliber BMG RiflesWatch this playlist on YouTube With very few exceptions, .50 BMG (fifty caliber) rifles are illegal in California. They are prohibited by Penal Code 30610 PC and Penal Code 30600 PC, California’s law on assault weapons. In fact, “BMG” stands for Browning Machine Gun. It was originally developed by John Browning (in …
Thanks to California Senate Bill 239, it is no longer a felony to have unprotected sex and not disclose that you are HIV-positive. California law SB 239 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or Felony prostitution convictions based on HIV/AIDS status. However, it is still possible to …
In California, a misdemeanor stays on your record for the rest of your life. You have to get the conviction expunged or have the record sealed to get it off your criminal record. Until then, the conviction will appear in background checks. This can cause many problems, such as extra trouble getting a job. Many …
A police officer is authorized to arrest you without an arrest warrant when you commit an offense in the presence of the officer and when a peace officer has probable cause to believe that you committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause to believe you …
A doctor gave you a legal prescription for Adderall for your ADHD. But you were later arrested for DUI after taking a dose. Can this really happen? Yes. You can be charged and convicted for DUI if you take a drug, including Adderall, and it impairs your ability to safely operate a motor vehicle. This …
“MIP charge” refers to the criminal offense of “minor in possession.” You commit this offense if you are under 21 years of age and you possess an alcoholic beverage or marijuana in public. In most jurisdictions, a MIP conviction is a misdemeanor that can potentially stay on your criminal record indefinitely. Note, however, that a …
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 …
Uber generally disqualifies you from becoming a driver if you suffered a DUI conviction within several years of your application. A DUI conviction includes convictions for both drunk driving and driving under the influence of drugs. Note that certain other criminal convictions will prevent a person from being an Uber driver. Examples include convictions for: …
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 …
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 …
Yes, if you have a misdemeanor on your criminal record, you can still get a job. However, you may find it more difficult than if you had a clean record. Getting hired is much easier with a prior misdemeanor than with a prior felony. In some cases, you may not have to disclose your prior …
Generally, the prison sentence for negligent homicide is at least several years in length. In California, for example, a conviction carries up to 4 years in prison. The precise sentencing range will depend on the state. Aggravating factors and your criminal background may significantly increase the sentence. The offense is less severe than other types …
In California, a bonus is considered to be non-discretionary (and must be paid) if the employer has already promised it and can no longer alter the size or timing of the payment without breaching the agreement. Non-discretionary bonuses are typically based on performance by an employee or group of employees. For example, salespeople may be …
Some examples of soliciting prostitutes are stopping a car next to a hooker and asking to pay for sex, following a prostitute’s instructions for service, and using the internet to negotiate a price for a sexual act. All of these involve a request for a sexual act and show an intent to engage in an …
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 …
Probation Revocations — 3 DefensesWatch this video on YouTube A probation revocation occurs when a defendant is on probation for a criminal matter and he or she violates a term or condition of the probationary sentence. The probationer may then have to serve the balance of the sentence in jail, rather than on community supervision. …
You are under no legal obligation to sign a severance (also called a separation) agreement. 5 examples of when you may not want to do so are when: you intend to sue your employer after your termination, the severance package is not sufficient, you do not have legal representation, it would unduly restrict your professional …
