Information on New Criminal Defense Laws in California

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What Is the Jail Time For a Felony Probation Violation?

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Felony probation allows eligible defendants to serve all or part of their sentence under court supervision rather than incarceration. What if you fail to follow those strict rules? The consequences of violating probation can be severe, and that newfound liberty can quickly become a time spent behind bars. The precise incarceration time for a felony probation violation is not a set and established number. Depending on whether the slip-up was a minor technical oversight or a serious new criminal offense, the repercussions vary. A judge has the final say, and if you violate the law, you could face a brief stint in county jail, extended supervision, or the total revocation of your probation. This will force you to serve the maximum prison sentence originally carried by the baseline felony. Let us look at what you can expect when you violate felony probation terms. How... Read More

Can You Get a DUI on a Bike?

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Driving under the influence (DUI) laws are strict and play a key role in keeping pedestrians and other motorists safe. You commit a DUI offense when you operate a vehicle under the influence of alcohol or other drugs. Although many people understand that driving while intoxicated is illegal, few are aware of CUI (cycling under the influence). As bicycles become a popular means of transportation for many people, lawmakers are keen to ensure every bicyclist adheres to traffic rules. CUI is typically a misdemeanor offense that can attract long-lasting legal consequences. If you are under investigation as a suspect in a CUI case, a skilled criminal defense attorney can help minimize the impact of the allegations on your record and future. Ensure you retain an attorney as soon as possible to increase your chances of securing a favorable outcome. What CUI Means Under... Read More

What is Lewd and Lascivious Conduct?

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Lewd or lascivious conduct refers to any sexual behavior that offends the community or goes against the expected norms of decency. Although it may involve all people, most cases involving lascivious conduct involve minors. When prosecuting cases of lewd or lascivious acts, prosecutors do not necessarily look for evidence of sexual penetration. You can face serious criminal charges for intentionally and criminally groping a child. This is a sex crime under California law that is generally treated as a felony. It could result in a lengthy prison sentence, depending on the victim’s age and whether or not you used force or violence. A severe form of this crime can result in a mandatory requirement to register as a sex offender. A skilled criminal defense attorney can help you understand the seriousness of your charges, possible penalties, and the best defense strategies for... Read More

What is an Arraignment?

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Arraignment is the first court appearance you make after your arrest. During the hearing, the court informs you of the criminal charges you are facing, advises you of your constitutional rights, and asks you to take a plea, which can be either no contest, not guilty, or guilty. The process can be overwhelming and confusing. This article discusses what to expect at this court hearing. The rationale is to reduce the stress of facing legal trouble. A Brief Overview of Arraignment Arraignment is the initial court appearance after your arrest. During the arraignment, the following happens: The court charges with a crime The court advises you of your legal rights The lawyer argues against existing orders that might apply to your criminal case, including protective orders. Your attorney may request a reduction in bail or release on your own recognizance You enter a... Read More

“Dirk or Dagger” – What is it and When is it Illegal?

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According to Penal Code 16470, a dirk or dagger is any knife or instrument capable of ready use as a stabbing weapon that can cause great bodily injury or death. This category is a general grouping of fixed-blade knives, stilettos, and even folding knives, provided the blade is locked in an open position. Although they are often used as a functional or historical tool, California's weapon laws are mainly concerned with the physical ability of an object to stab or puncture. Penal Code 21310 makes it illegal to carry a concealed dagger or dirk on your person. Open carry is generally lawful only when the knife is worn in a sheath suspended from the waist. Nonetheless, concealing the blade on your person (including in clothing or carried containers like bags) may constitute a wobbler offense. This means you might be charged with a misdemeanor or a felony, which may involve... Read More

The California Juvenile Court Process - How It Works

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The California juvenile court process is a legal structure specially designed and regulated by the Welfare and Institutions Code to prosecute and rehabilitate underage minors (below the age of eighteen) who are suspected of committing criminal or status offenses. This system is a civil proceeding rather than a criminal one and highlights the malleable nature of youth and how behavior can be corrected through personalized treatment and education. The terms, milestones, and goals of the judicial system are fundamentally different from those of the adult criminal justice system because it focuses on rehabilitation rather than retribution. In this article, the procedural timeline of juvenile delinquency cases is analyzed, starting with arrest up to the final disposition and record sealing in the California jurisdiction. It dwells on the rights of the minor, the functions of... Read More

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