In most cases, the crime of murder is prosecuted in state courts as a state crime. But there are seven scenarios when an unlawful killing violates federal law and thus is prosecuted as a federal crime. These include when: the murder is of a federal judge or a federal law enforcement official (for example, an …
Numerous red flags may indicate that a teacher is committing sexual misconduct with a student. A pattern of grooming behaviors is the most reliable one. The student can also exhibit signs of sexual misconduct, such as: not wanting to go to school, new difficulties in class, health problems, and hinting at the misconduct. Grooming behavior …
The difference between larceny and burglary is that larceny is the act of theft or stealing. In contrast, burglary is the act of entering a structure (such as a home or a business) with the intent to commit a crime inside of it. Often times, that intended crime is larceny. Put another way, it is …
The difference between sexual assault and sexual battery is that sexual assault involves nonconsensual intercourse with a victim. In contrast, sexual battery involves a nonconsensual groping or touching of a victim’s intimate parts. While both of these are treated as sex crimes, sexual assault is a more serious offense. Note that the precise meaning of …
The difference between theft and robbery is that theft is merely stealing someone’s property, whereas robbery is using force or fear to take property from a person’s immediate possession. So theft is a less serious property crime. Robbery is a more serious violent crime. Most jurisdictions say that theft can lead to misdemeanor or felony …
You commit the criminal offense of contributing to the delinquency of a minor when you: commit some act or fail to act in a certain way, and the action or inaction makes a child more prone to engage in illegal activities. Common examples include: allowing your 13-year-old son to stay out after curfew and he …
In California, the term “Police Code 415” is sometimes used interchangeably with the statute Penal Code 415. Both of these terms refer to the crime of disturbing the peace. You could get charged with disturbing the peace of you: play excessively loud music, fight someone, or use offensive or threatening language. The number comes from …
Joyriding is a crime that takes place when you take, drive or use someone else’s motor vehicle without consent, but you don’t intend permanently to steal the vehicle. Joyriding is different from grand theft auto in terms of: the criminal intent necessary to commit the crime, the value of the vehicle involved, and the penalties …
Uber is facing four different types of lawsuits in California: personal injury claims for car accidents caused by its drivers, allegations that Uber drivers sexually assaulted passengers, lawsuits based on Uber’s alleged misclassification of drivers, claiming say that Uber owes them back wages and civil penalties, and class actions over Uber’s misclassification of drivers as …
A manslaughter sentence can carry over a decade in prison. Each state has its own criminal laws dealing with manslaughter. There are also several different levels of manslaughter offenses. The sentence will depend on the state and the specific level of offense. Here are five key things to know about manslaughter penalties: Manslaughter is a …
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 …
Felonies and misdemeanors are the two levels of criminal offenses in California. Misdemeanors are less serious crimes where the maximum sentence is not more than one year in jail. Felonies are more serious crimes where the potential sentence is more than one year in jail or prison. Misdemeanor fines are capped at $1000.00. Felony fines …
The main difference between first-party insurance and third-party insurance is who gets paid by the insurer. First-party insurance pays the policyholder for his or her covered losses. Third-party insurance, also called liability insurance, pays the victim who has been hurt by the policyholder’s negligence. Nearly all states require vehicle owners to carry at least some …
“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 …
Yes. Under California Vehicle Code 16025, you must share and exchange insurance information after an auto accident. The only exception is when you are rendered incapable of doing so because of the accident. In addition, VC 16025 requires you to share the following information: your name and current address, your driver’s license number, your car’s …
Yes, you can go to jail if you commit a hit-and-run on a parked car. These offenses are generally misdemeanors. They carry up to a year in jail. The charges would likely be more severe if someone got hurt. You will also generally have to compensate the owner, and could face higher costs for car …
Two Years In California, the statute of limitations for a wrongful death claim is generally two (2) years from the date of the victim’s death. This means family members must bring the lawsuit within two years or the claim is forfeited. But there are some exceptions. For example, if a person’s death was caused by …
Not anymore. A new state law in California was passed in 2017 that forbids the DMV from suspending your driver’s license solely for unpaid traffic tickets. However, it can suspend your license for a criminal offense of willfully failing to appear in traffic court for those tickets. When can unpaid traffic tickets lead to a …
After a DMV hearing, it can take anywhere from a few days to over a month to receive the notice of hearing results in the mail. The timeframes can vary by state. The workload of the DMV hearing officer will also matter. Once you receive the results, you have the right to appeal. What are …
A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after you get arrested for DUI and refuse to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 …
The chances of winning your DMV hearing depend on the facts of the case. If law enforcement has a weak case or clearly violated your rights, it is easier to win at the hearing. Regardless of the case, hiring a skilled DUI attorney increases the likelihood of getting a good outcome. What are the odds …
While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license …
Broadly defined, “road rage” is overreacting to some perceived provocation or slight by another driver and expressing your anger and frustration in a manner that is: reckless, threatening, or violent.1 There is no specific offense in California called “road rage.” However, if you act out road rage, it could lead to a driver’s license suspension and various …
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 …
After a violation of felony probation in California, there are 3 things that can happen. The judge can: reinstate probation under the original terms, modify the terms of probation to make them stricter, or revoke probation and send you to prison to serve the rest of your sentence. California judges at the probation violation hearing …
