I do not know if I understand your question and apologize if mistranslated. In a criminal proceeding no money is awarded for conviction, but the defendant will be punished by a jail or prison sentence, depending on the nature of the case. No money is awarded to any party, attorney, of court...Read more »
Mr. Gribow is right with respect to this charge. This charge is considered a wobbler, meaning the District Attorney can file it as felony or a misdemeanor. By California statute provides a monetary amount ($950 in loss) to determine misdemeanor or felony, generally, each question raised below are...Read more »
PC 455 is the criminal charge for Attempted Arson, a serious strike. This charge carries a requirement to register under the statute as an Arsonist. Based on your question that he is in jail based on a violation, he likeky failed to conact probation upon his release or if the meeting took place,...Read more »
If I understand the question, which is whether or not the DA can pick you up for a violation of a restraining order, if you were never served? The simple answer is no, however, before I provide a more definitive answer, i believe it’s equally important to briefly drescribe the restraining order...Read more »
I would guess that many of the best "prIvate" criminal defense attorneys in most towns, throughout the county, either started or had a stint with their local public defender office. My firm does approximately 80% criminal defense work, and I cant say any issues that have risen in a...Read more »
First, for clarification purposes, you stated one year "in prison" in California. We have determinate sentencing, meaning should you have plead guilty, your prison term would have been either 16 months, 2 yrs, or 3yrs. unless due to unusual circumstances, the judge will allow you you up...Read more »
i was caught shoplifting at a khols in CA and i was told i have to call within 2 days to pay a $350 fine if i don't call what happens? i'm also moving so my address is changing so the letters they send will be sent to my old address.
I guess the unknown but relevant fact is based on the word "caught"! Does that mean caught by loss prevention and signed an agreement to pay a $350.00 fine, or does it mean you were caught, arrested, and plead to ship-lifting, and fined by the court $350, and any restitution. Since you...Read more »
The short answer is yes, the likely answer is probably not, unless your presence is very important to establish the fact that he was driving. With three warrants, it may me based on whether or not the arresting officer knew him or had some prior contacts. If the car was pulled over in a period of 5...Read more »
From a criminal law stand point, threatening one's life can be a crime under Calif. Penal Code 422, however, one of the elements to prove is not just the threat, but whether your mother believed he had the ability to carry out the threat and would do do so. Based on your question, this type of...Read more »
No. Preliminary hearings are simply a "51%" evidentiary hearing for the District Attorney! There are times a defense is proper and even defense witnesses can be called, in the event the case filed was a bad decision by the DA. However, in California, the burden for the DA is...Read more »
One of my friends who is 14 just told me that she is sleeping with a 25-year-old I'm scared as to what would happen if they ever get caught but what would happen if they do get caught? How long would he go to prison for ? If she says it was consensual will he still get in trouble ? And... Read more »
There are so many legal issues involved in that question, it reminded me of taking the bar exam a few decades ago! I'll do my best to just give answers, and then provide a little narrative in what could be a game changer!
1) if they were caught, it would definitely be statutory rape...Read more »
Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the...Read more »
Yes, the accused can be charged with criminal assault, even though the gun was a BB gum. An unknown but important fact, is whether the party assaulted recognized the weapon as a BB gun. Simply based on the weapons having to be reveal by lifting up a shirt, without knowing the mental capacity of...Read more »
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