Want to Drop Charges In California? – Ask A Defense Attorney
As the one who carries the burden of proof, the prosecution has the discretion to drop both misdemeanor and felony charges against the defendant. There are a number of reasons for the prosecution to make this choice. This article explores the reasons behind the decision as well as explains your rights under the Fourth and […]
Can You File An Insurance Claim Without A Police Report?
No one would ever consider getting into a car accident to be the highlight of their day. After the initial shock wears off, there is much paperwork to be done. Between filing a report with the police and a claim to the insurance company, it is crucial that all of the proper steps are taken […]
What is California’s Castle Doctrine?- PC 198.5
It’s late at night, and you’re in bed, sleeping. You wake up upon hearing a creaking sound – specifically the sound of the old bathroom window opening. You had meant to add grease to it that day, but you forgot. You grab your bedside handgun and creep toward the bathroom. You see someone climbing in […]
What Is Domestic Battery? | PC 243(e)(1) – A Defense Attorney Explains
Crimes that involve personal connections are a tricky area of law to navigate. In addition to the emotional connection to the person committing domestic battery, there is also a financial aspect that may preclude someone from seeking help. A person may also feel that someone is not committing a crime against them, especially if the […]
California Shoplifting Laws – PC 459.5
The movie Aladdin produced by Disney in 1992 depicts the titular character stealing food from a street vendor. As a result, Aladdin is chased by police but comes out ahead in the end. Had Aladdin been caught and charged with a crime, it would have been shoplifting. Despite the move to e-commerce, the rate of […]
How Do Bail Bonds Work In California?
Under the Fifth Amendment, a person is presumed innocent until found guilty. The prosecution carries the burden of proving that the defendant is guilty of the charged crime. However, the courts cannot expect that a person who is charged with a crime will always return to trial on their own recognizance. For this reason, when […]
What Are the Misdemeanors That Prevent Employment?
You may be looking to start over, maybe start a new job. However, you’re concerned that your criminal record may hinder your chances of finding one. Depending on the job, this may be the case, however, there are some laws that will help to mitigate the misdemeanor on your criminal record. This article navigates the […]
Is Identity Theft A Felony?
You may have seen a commercial or advertisement for products that can help a person protect their identity and for a good reason. According to the Federal Trade Commission, “in 2023, there were more than 1 million reports of identity theft received through the FTC’s IdentityTheft.gov website.” Identity theft is a crime that has become […]
Assault with A Deadly Weapon [PC 245]
California makes a distinction between an assault and an assault with a deadly weapon. The penalty differs depending on who is being assaulted. The article goes through the laws surrounding hazing. This article will break down the laws under California Penal Code Section 245 – Assault with A Deadly Weapon. What is an assault? An […]
