Information on New Criminal Defense Laws in California
Blog - Page 15 of 20
What is Considered an Attempted Crime in Los Angeles?
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California’s Penal Code Sections 21(a) and 664 define attempted crimes laws. An attempted crime is the offense of making a direct step towards committing a crime. It is a distinct crime on its own, and it attracts one-half of the penalties of the complete crime or a unique set of penalties if accused of attempted murder under Penal Code Section 664. Common attempted crimes charged under Penal Code 21(a) include attempted robbery, battery, burglary, rape, or theft. There are legal consequences for attempting a crime, even if you are unsuccessful. An attempted crime is classified as an “inchoate” (incomplete) crime. The defendant violates the law by taking a punishable step towards committing a crime, only that these steps are ineffective or unsuccessful. Attempted Crime Defined An attempt to commit a crime is a criminal offense, even if an attempt fails. The law... Read More
What is Prosecutorial Misconduct in Los Angeles?
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The principle of natural justice protects defendants in criminal cases. Under the doctrine, a defendant is entitled to a fair and unbiased trial based on the truth, which will lead to the responsible party being held accountable for his/her criminal acts. Prosecutors bear the burden of presenting the truth in every case. When prosecutors engage in illegal or unethical behavior in a criminal case, they violate the tenets of natural justice. Defendants end up falsely convicted and spend a significant portion of their lives in jail or prison. What actions describe prosecutorial misconduct? Is there a reprieve if your conviction resulted from prosecutorial misconduct? And will the prosecutor found to have engaged in misconduct be held responsible for his/her actions? These are some of the questions this article seeks to address for you to understand prosecutorial... Read More
What Is Being An Accessory To Murder in Los Angeles
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When you are an accessory to murder, it means that you help or assist the perpetrator (killer) before or after committing murder. You do not need to have been present during the commission of the crime to serve as an accessory. Most people who serve as an accessory to murder are never present during the commission of the offense. In most jurisdictions, being an accessory to murder is a felony crime, not a misdemeanor. The conviction of this crime could lead to years in jail or state prison. You can be either an accessory after the fact or an accessory before the fact. An accessory after the fact means that you help after the commission of a felony. It implies that you harbor, conceal, or aid the perpetrator after committing murder. An accessory before the fact means that you aid or help another person before they commit a felony (murder). In most states, including... Read More
How Can I Get My Felony Dismissed in Los Angeles?
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California PEN 995 Motion is a legal defense motion requesting the court to set aside a felony or both felony and misdemeanor charges on the basis that the preliminary proceeding’s judge improperly or incorrectly allowed the case to proceed. Usually, the motion is filed after the preliminary hearing and only applies where you face a felony count because, without a felony charge, there could be no preliminary hearing. If you encounter a felony count and feel the judge incorrectly sustained the initial hearing, below is how you could have the entire or part of the count set aside. Understanding PEN 995 Motions As per PC 995, a 995 motion (pronounced as nine, nine, five) seeks to have a trial judge set aside the entire or part of a criminal complaint. You can file the motion under this section if you face felony counts or charges of both felony and misdemeanor. Note that... Read More
What Are The Consequences of A DUI Conviction in Los Angeles?
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California has two primary DUI laws that make it an offense for a driver to operate a vehicle while under the influence. The California Vehicle Code 23152(a) makes it a crime to drive under the influence of alcohol. The California Vehicle Code 23152(b) makes it a crime to drive a car when your BAC is above 0.08%. After a DUI arrest, you are likely to face charges under the two statutes. The consequences of a DUI conviction will vary based on two main factors: Whether you have prior DUI convictions Whether someone suffers injuries because of your driving under the influence In most cases, DUI offenses are misdemeanors, especially first-time offenses. However, you could face felony DUI charges if you have four or more prior DUI convictions. You could also face felony charges if someone suffers injuries from your drunk driving. The Consequences Of A First DUI... Read More
What is Contributing to the Delinquency of a Minor?
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Over the years, several reasons have been presented as the contributing factors for juvenile delinquency in both adolescent and pre-adolescent kids. Many investigators have concluded that juvenile delinquency results from a combination of mental, social, and physical problems associated with adolescents' lives. Regardless of the crime that a juvenile is accused of committing, the legal system believes that minors are entirely unaware of their actions. The legal system assumes that minors' ability to make decisions is not fully developed, and that's why they approach these cases differently. However, by addressing the underlying factors that contribute to child delinquency, you can develop a more secure environment and reduce the chances of child delinquency. Even so, you still have to seek a reliable legal representative to help you reduce the possibility of your... Read More
