I respectfully disagree with my colleagues that say that an infraction is a crime. While it is true that infractions may have serious consequnces, is driving with a tinted windshield or a cracked windshield a crime.....common sense and the law both tell us no.
At common law crimes the common law felonies were Murder, Rape, Sodomy, Manslaughter, Robbery , Larceny, Arson, Mayhem, and Burglary. The acronym is "Mr. and Mrs. Lamb."
Further support for the idea that an infraction is not a...
An infraction is not technically a criminal nor a civil offense. Criminal offense divide into two categories: felonies (punishable by more than one year in state prison) and misdemeanors, punishable by less than one year in jail. Because infractions don't carry the possibility of jail time, they are not criminal offenses. A civil offense is technically when one party sues another seeking some type of damages.
Because a felony is such a serious charges, the Constitution requires that there be some evidence that the crime was committed by the accused before the case can proceed further in the criminal system. Some jurisdictions, especially federal court use indictments, others, often California state use the preliminary hearing.
Unfortnately, the laws of drastically changed at preliminary hearing. Often, police officers are allowed to read hearsay from the police reports and cross-examination is...
There is a procedure for "civil compromise" to avoid prosecution for theft. It has to be agreed to by the D.A. But here these charges appear to be very high and essentially black mail to get an excessive amount of money out of you for this transgression. Paying the fee is no guarantee unfortunately that you will not be prosecuted though the D.A. would probably take that into consideration in deciding whether to file charges against you.
Also, it appears that you may not be guilty at all...
Whether you can appeal first depends on whether you waived your right to appeal in a plea agreement. It appears that you pled guilty instead of having gone to trial so you should make sure that you did not waive your right to appeal.
An appeal in the federal system begins with the filing of a notice of appeal. There are strict deadlines for appealing so you should file your notice immediately.
The record on appeal consists of the reporter's transcript and excerpts of record. The...
Whether this individual gets released will depend on the suspect's prior record in part as well as how aggressive the victim is toward wanting prosecution. The fact that a hammer was not found does not mean the charges will necessarily be dismissed.
Then penalties for a 245(a)(1) are county jail or state prison for 2/3/4 years.
Grand theft , under penal code section 487 is defined as theft of various items of property or personal property with a value greater than $400. It is punishable either by up to one year of county time or state prison of 16 months/ 2 years/ or 3 years. It is a priorable offense, meaning there are more severe penalties if repeated.
Generally for first offenses in the amount of $8,000 if you are able to start making restitution, the court will not sentence to state prison. However, if there...
The answer depends on the length of the transcript. Some cases are several thousand pages long.
A competent attorney will review the entire record on appeal carefully. On the average it takes me one to three months to review a case after retainer, but this is just an average.
You should not assume that because you have some money or a salary that you will not qualify for the federal defender's appointment. Some of the federal defenders are very skilled in their work. The court will have you submit a financial affidavit and decide if appointment of counsel is appropriate. The court should take into consideration the complexity of the case.