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 …
Defrauding an innkeeper is a criminal offense that can be charged if you obtain goods or services from a business without paying for them. This often involves “dining and dashing” from a restaurant, or failing to pay after you stay at a hotel or you fill up your tank at a gas station. Depending on …
Negotiating medical bills after a settlement is a common practice in personal injury cases. If the treatment was paid for by an insurance company or with a lien, the party who already paid the bills may have subrogation rights (or the right to be reimbursed out of the settlement proceeds). However, the underlying bills may …
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 …
The 5 most typical consequences of a misdemeanor conviction are: a fine, jail time, misdemeanor probation, possible loss of gun rights, and negative employment consequences. Most states define a “misdemeanor” as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is a less serious crime than …
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 …
It is illegal to lie to the police in some circumstances. It is a crime to lie about your identity to a law enforcement officer during a traffic stop or while being placed under arrest. Filing a false police report is also a crime. The most serious offense, however, is perjury, which can be a …
There is no specific limit to how much you can seek in a car accident lawsuit. You can sue the responsible parties for the full extent of your legal damages. This can range anywhere from a few thousand dollars to over $1,000,000. The severity of the injuries, the extent of the other party’s negligence and …
It is a crime in California to make a false 911 call. Depending on the facts of the case, a fake emergency report to 911 could be charged as a misdemeanor or a felony. Per Penal Code 148.3 PC, it is a crime to: report or cause a report to be made, to certain government …
If you believe you have been wrongfully terminated, you have to file your lawsuit before the statute of limitations expires. The applicable statute of limitations will depend on the state and the nature of the termination. Different labor laws use different time periods and procedures. In California, for example, wrongful termination claims under state law …
A misdemeanor probation violation warrant is a bench warrant for your arrest if you are on misdemeanor probation but violated one of the terms and conditions. The warrant is often issued after you fail to appear at an appointment with your probation officer. The warrant will generally lead to an arrest and a probation violation …
In Nevada, speedy trial motions are where you ask the court to dismiss your criminal charges because you have not been given a trial within 60 days of your arraignment.1 Even if you agree to waive the 60-day rule, you can still bring a speedy trial motion later on if the court continues to unreasonably …
An arraignment is the first formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of a defendant’s arrest if he/she is held in custody. If a defendant is not kept in custody, then the proceeding must typically take place “without unnecessary delay.” An arraignment is a …
After a search warrant has been executed, law enforcement generally has to do five things: secure the premises, notify the party targeted by the search, provide a receipt of anything that was seized, return the warrant to the magistrate that issued it, and hold any seized property in police custody until trial. 1. Securing the …
Arrests can remain on your record forever unless you get the record expunged or sealed. Records of arrests and prosecutions (rap sheets) are maintained by the United States Department of Justice as well as state and local law enforcement agencies. These records do not automatically get purged at various intervals. Note, however, that the rules …
The law in most states allows a prosecutor to charge the crime of child abuse as either a misdemeanor or a felony, depending on the circumstances. Prosecutors are typically more prone to file felony charges when: the child suffers an injury, the abuse was particularly cruel or included sexual acts (for example, sexual assault), and/or …
Drivers who strike a pedestrian lawfully in a crosswalk can face: a civil lawsuit, driver’s license repercussions, traffic citations, and potentially even criminal prosecution. If the pedestrian is seriously or fatally hurt, the consequences will be even worse for the driver. Though if the pedestrian was at-fault for the accident, the driver may not face …
A criminal conspiracy charge can be filed against you if you and at least one other person agree to commit a crime, you intend to commit the crime, and you or a co-conspirator make an overt act in furtherance of the crime. You can be liable for conspiracy even if you never act unlawfully on …
Hit and run is generally treated as a felony charge only if the accident caused an injury to another person. Leaving the scene of an accident that only causes property damage is usually treated as a misdemeanor. In some states, the amount of property damage can also turn a misdemeanor hit and run into a …
A California arrest record is a report generated by police or law enforcement authorities after they arrest you. The record is considered a criminal record and is made for arrests involving both misdemeanor and felony offenses. Arrest records are considered public records and you can access them by contacting the agency that made the arrest …
Generally speaking, an 18-year-old can date a 16-year-old provided that the relationship is not sexual. If the relationship becomes sexual, then it could be illegal depending on the state. This is because each state has its own age of consent rules and Romeo and Juliet laws, and both can have an impact on the legality …
States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
Legitimate escort companies are generally legal. An escort agency is essentially a business that provides its clients or customers with a companion for a certain fee. People might pay for an escort in order to have a friend or partner at: an entertainment event, a business event, or dinner. Escorts are prohibited from providing clients …
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 …
