Information on New Criminal Defense Laws in California
Blog - Page 19 of 21
What is Double Jeopardy in California?
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The federal double jeopardy clause is a crucial part of the Fifth Amendment. It prevents the state or federal government from persecuting a defendant twice for the same crime. Specifically, California Penal Code 697 reiterates this kind of protection at the California state level. There are many aspects that a defendant has to learn to apply double jeopardy in different situations. This article aims to shed light on what double jeopardy means and how your lawyer can help you. The Basics of Double Jeopardy Everything to do with double jeopardy is included in the United States Constitution Fifth Amendment. Under the double jeopardy clause, the following factors come into play: A defendant shouldn’t be prosecuted after the acquittal of a particular offense. There should be n double conviction for a similar crime. The court should not punish defendants several times... Read More
Can Felony Cases be Expunged in California?
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A criminal record can be quite damaging. When you are sentenced for a crime in California, you have a permanent criminal record. Anyone who runs a background check on you will find out about it. When you apply for a job, you have to admit it. Thus, a conviction is something you carry with you forever. It could influence the way people see or think about you. For instance, a potential employer’s decision could be affected by your past conviction. Fortunately, California law gives past defendants a chance to clear their criminal records through expungement. The state expungement law allows you to re-enter a plea of not guilty or to withdraw your plea of guilty or no contest. When granted, you will be released from all the criminal consequences of a conviction. Therefore, if you have a damaging felony conviction and would like to have it expunged from your criminal record,... Read More
What Makes A Theft Crime A Felony?
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Theft crimes are the most common crimes in Los Angeles and throughout California. Theft is the unlawful taking of another person’s property. There are numerous theft crimes in California. Theft crimes fall under two main categories: petty theft and grand theft. Under California law, a theft crime can be either a felony or a misdemeanor. Several factors could make a theft crime a felony: 1. Property Value When you commit a theft crime, you deprive a person of their property temporarily or permanently. The value of the stolen property will determine whether the crime qualifies as a felony or misdemeanor. Under California law, a theft crime can be petty theft or grand theft, depending on the property value. A petty theft crime is a misdemeanor offense, but grand theft is a wobbler, meaning that the prosecutor may charge the crime as a felony or misdemeanor. You will face... Read More
Factors that Make a Drug Crime a Felony
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Being under arrest for any criminal offense can be terrifying, especially if the alleged offense involves illegal or controlled drug substances. If you are under arrest for allegedly committing a drug crime, your freedom and reputation could be at risk. Although most common drug crimes are chargeable as misdemeanors, the prosecution will seek to file the most severe charge against you to deter people with similar habits. Let's take a look at factors that make a drug crime a felony under the law and how you can fight for your legal rights and best interest if you are under arrest for any drug-related crime. What is a Drug Crime? Before we go deep on factors that can make your drug charge a felony under the law, it is important to understand what constitutes a drug crime. A drug is any substance that can alter your psychological and physiological state, whether... Read More
How Innocent Defendants Can Handle Their Charges
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In America, many people are behind bars for crimes they didn’t commit. According to statistics, more than 18% of innocent defendants are charged for crimes they didn’t commit. If you’re also falsely accused, you would like to know how to handle the situation to avoid a trial and possible jail time. So how can you avoid jail time or paying hefty fines as an innocent defendant? Read along to have a better understanding of the steps you should take. Erroneous and Limited Information Can Lead to A False Accusation It’s the responsibility of the prosecutor to make the fillings in a criminal case. More often, the prosecutors rely on police reports regarding the case. They might not have any detailed information on what transpired. These reports can be wrong, which could affect the accuracy of the events that transpired. The erroneous facts can result from the police... Read More
Pre-file Investigations and the Criminal Process in Los Angeles
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It is essential to understand the criminal process, especially if you are facing criminal charges in California. You should speak to a reliable criminal defense attorney if you have been accused of a crime but have not yet been charged. A criminal defense firm conducts a pre-file investigation commonly abbreviated as PFI on behalf of a client before the prosecutor files formal charges against him or her. The pre-file investigation aims to persuade the prosecutor or the district attorney not to file charges against the suspect because of a lack of supporting evidence. A PFI could also be conducted to persuade the D.A. or the prosecutor to file charges for a lesser crime than what the prosecutor initially intended to do. If you face reckless driving charges under the California VC 23103, your criminal defense law firm may conduct a PFI by interrogating witnesses and other... Read More
