Per California Penal Code 496, receiving stolen property is the crime where people purchase or otherwise take possession of items they know to be stolen. As a general rule, a person charged with this offense is not also charged with the crime of theft. However, an exception applies in cases where a person steals a …
California’s hit & run laws require a person involved in an accident to stop and provide identifying information to the other parties. But do drivers have to stop if they fear for their safety or the safety of a passenger? The answer largely depends on the facts of the case. 1. What are California’s hit …
There is no concrete data available to show whether Califonia DUI schools actually help prevent further DUI offenses. The effectiveness of a program likely depends on individual students and their willingness to change their drinking patterns. 1. What are California DUI schools? California has developed an elaborate series of alcohol education programs for DUI offenders. …
As many court dockets get clogged with the number of DUI cases, especially amidst the COVID-19 pandemic, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed, or even a traffic infraction. 1. What is the California crime of DUI? …
In California, DUI and “drunk in public” are misdemeanor crimes designed to protect the suspect and the public from the suspect’s dangerous, substance-induced behavior. Both laws criminalize a suspect’s being intoxicated in specific settings. However, the level of intoxication that must exist for each crime to occur differs significantly. 1. What is the California crime …
Nevada law as to lewd conduct offenses is generally modeled upon California law. But Nevada’s statutes cast a wider net and impose harsher punishments. 1. What is California’s lewd conduct law? Penal Code 647a PC is the California statute on lewd conduct in public. The law prohibits people from touching themselves sexually while in public …
The costs associated with a DUI can sometimes grow insurmountable. According to an article posted on InsWeb, an insurance association Website, drunk drivers must be prepared to cough up around $10,828 in total costs for a DUI offense. 1. How will a DUI affect insurance rates? The first noticeable difference after a DUI conviction is …
Generally, if the car accident produced injuries or significant property damage, a police report has to be filed within a day if the police did not already produce one at the scene of the accident. Drivers may have longer to file an accident report with their state’s DMV. Failing to timely file these can lead …
All personal injury demand letters should include all of the parties involved, a description of the accident, a summary of the damages and aftermath, and a demand for compensation. Equally important is to not include things like an unreasonable demand, an admission of fault, or precise details that can be challenged. A personal injury attorney …
The difference between an uninsured and an underinsured motorist is whether he or she has any liability insurance coverage, at all. Underinsured drivers have liability coverage that will cover some of the victim’s losses. Uninsured drivers either do not have any liability coverage, or have insurance coverage that will not cover any of the victim’s …
There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a …
A criminal protective order is an order a judge issues to protect either the victim of a crime or a witness to a crime. These persons are often referred to as protected persons. The orders protect the protected person from an aggressor, usually a defendant in a criminal case. CPOs are common in domestic violence …
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify. But the victim/witness could still be …
Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …
Some examples of witness intimidation include: a defendant mails her accuser an article about witnesses who mysteriously die after testifying. a store robber tells the cashier “bad things will happen” if the police find out. a rapist offers his victim money to not report him. Under California Penal Code 136.1 PC, it is a crime …
A misdemeanor arraignment hearing is usually the first formal court hearing in a criminal case in which a defendant is charged with a misdemeanor offense. During the hearing in most jurisdictions, the court advises the accused of his/her Constitutional rights, the issue of bail and release is determined, the defendant learns of the specific charges …
Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol or drive with a BAC of .08% or …
Jails and prisons are supposed to release prisoners promptly once their sentence is completed. But sometimes they fail to do so. This is commonly referred to as “overdetention”. The principal remedy for over-detention is a civil lawsuit for monetary damages. If the person is still in jail, a judge can also order the jail or …
Defendants facing criminal charges for driving under the influence of drugs or alcohol can file a suppression motion asking the court to disregard (“suppress“) all the evidence that law enforcement officers may have unlawfully obtained. If the judge grants this motion, then the prosecution may be forced to dismiss the DUI charges for lack of …
A batterer’s intervention program, or BIP, is a rehabilitation program for people convicted of certain domestic violence offenses. Participation can be voluntary, although enrollment under a court order is more common. Defendants are typically requited to complete a BIP as a part of their sentence. Different states use different programs, though they all focus on education …
State laws throughout the United States say that handicap permit holders are the only people that can legally use them. But a person can generally use a parking placard as either a driver or a passenger. This means placard holders can use them in another car as long as they are in the car at …
In criminal cases in the United States, a defendant can generally seek to withdraw a guilty plea after sentencing by filing a motion to withdraw the plea and demonstrating good cause therefore. If the judge denies the motion, the defendant may be able to appeal the judge’s decision. Under California criminal law, a defendant can …
Under California employment law, all employers have a legal obligation to pay employees the wages they have earned and to pay these wages on time. This includes the final payment of wages upon a worker’s termination of employment. Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties …
In California, it can be legal to kill someone in self-defense. However, it is only a justifiable homicide if the person had a reasonable belief that there was an imminent danger of being killed or seriously hurt, that deadly force was the only way to prevent it, and used an appropriate level of force. Otherwise, …
Yes, the possession of a stolen vehicle identification number (VIN) is a crime. Depending on the state, it is usually a severe misdemeanor or a low-level felony. Convictions can carry up to several years in prison. However, prosecutors generally have to prove that the defendant knew the VIN was stolen and intended to harm a …
