Information on New Criminal Defense Laws in California
Blog - Page 6 of 19
How are Juveniles Prosecuted for Violent Crimes in California?
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The juvenile justice system handles criminal cases involving minors (individuals aged below 18). The system aims to give children a second chance by offering treatment and rehabilitation to correct criminal conduct rather than punishment. However, the system handles some violent crimes differently. For example, a minor can face prosecution like an adult for a violent crime. In this case, they do not enjoy the protection of the juvenile system. It helps to understand the circumstances under which a minor’s case can be transferred to an adult criminal court if your loved one is facing violent charges. Engaging a skilled criminal attorney for advice, guidance, and legal representation is advisable throughout all court processes. How The Criminal System Handles Juvenile Crimes It is not unusual for a minor to commit a crime. Minors engage in criminal activities, just like... Read More
What is Sexual Grooming in Child Abuse Cases?
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Sexual grooming, a reprehensible precursor to child abuse, involves a gradual and calculated process where perpetrators exploit trust to manipulate their victims. Establishing an initial connection, often posing as a trustworthy figure in the child's life, these predators work meticulously to build emotional bonds, blurring the lines between normal interaction and inappropriate behavior. The tactics employed during grooming are insidious, involving a disturbing desensitization of the child to inappropriate actions, making it harder for victims to recognize and report the abuse. In this article, we will cover everything you need to know about sexual grooming in child abuse cases. What is Sexual Grooming? Sexual grooming is a manipulative process employed by perpetrators to establish a relationship and emotional connection with a child, typically with the intent of... Read More
What are the Factors of a Felony Drug Crime?
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Drug offenses have become a focal point for California law enforcement, often leading to severe consequences for those accused. In California, drug offenses can be categorized as felonies or misdemeanors. Usually, misdemeanors attract less serious penalties compared to felonies. However, certain factors can escalate misdemeanor drug charges to felony drug charges. This article will highlight what these specific factors are. Types of Drug Crimes in California Drug crimes encompass a spectrum of offenses, each carrying distinct legal implications. Here are the types of drug crimes in California: Possession of controlled substances — Individuals can face charges for simply possessing illegal drugs or controlled substances without the intent to sell or distribute. Possession for sale — Charges may escalate if there is evidence suggesting an individual possessed drugs... Read More
Community Programs for Juvenile Delinquency?
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The juvenile justice system has a lenient way of handling juvenile delinquents that is different from the treatment adult offenders receive. However, the system can take more severe action, like detention, if a minor commits a serious or violent felony. Detention is more or less the same as imprisonment for adult offenders. Juvenile offenders are held in secure facilities for a predetermined period. The main intention of these interventions is to ensure minors receive treatment and rehabilitation to correct their behavior for a crime-free adult life. However, the efficacy of these detention facilities has been criticized for a long time. Many believe that instead of reporting positive results from minors who have served time in these facilities, the juvenile justice system has seen an increase in recidivism. It is believed that some juveniles have suffered psychological... Read More
Do All Criminal Cases Go To Trial?
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Some criminal cases do not reach trial. Sometimes, the judge has no choice but to drop charges because of insufficient evidence. The prosecutor could also decide not to pursue your case, especially if your attorney presents strong evidence at the preliminary hearing. Additionally, there is a likelihood of your case not reaching trial if your attorney finds a reason to file a motion to suppress evidence presented by the prosecutor. Your attorney can file a motion to suppress evidence if you are a victim of police misconduct or illegal search and seizure. Usually, most cases do not go to trial because most defendants choose to take a plea bargain. Plea bargains are a win-win for the state and the defendant. You can use a plea bargain to negotiate for a lesser charge while the state saves the taxpayer's money and resources by avoiding a lengthy trial. Trial and Plea... Read More
What is the Difference Between Statutory Rape and Rape?
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In the realm of sexual offenses, two terms that often evoke strong emotions and reactions are "statutory rape" and "rape." Although they both involve non-consensual sexual conduct, these offenses are legally distinct and carry varying penalties. Misinterpreting the nuances between these offenses can have dire consequences for the defendant and may hinder their ability to mount a robust defense. This article aims to provide a clear and comprehensive guide to the distinctions between statutory rape and rape under California law. The Legal Definition of Statutory Rape In California, statutory rape is defined as engaging in sexual intercourse with a person under the age of consent, regardless of the minor's willingness to participate. Under California law, the age of consent is 18 years old. This means that engaging in sexual activity with an individual under 18, even if... Read More
