Skip to main content
Joseph Briscoe Dane
Avvo
Pro

Joseph Dane’s Legal Guides

13 total


  • What charges qualify for Prop 47 reclassification/reduction to a misdemeanor?

    Many people think that Proposition 47 recently passed in November 2014 will reduce just about any felony to a misdemeanor. Not so. Only simple possession of drugs and some low-level theft and fraud

    Read more 

  • How do you find out what's on your criminal background in California?

    What is on your criminal history and how do you get a copy of your own to review?

    Read more 

  • How does a judge determine whether to set bail?

    In California, Penal Code 1275 dictates what a judge must consider when setting bail. Here are some of the factors the judge must consider:

    Read more 

  • Speedy trial rights in California

    The first stage in all cases - the arraignment The first appearance in court is your arraignment. The judge will tell you what the charges are against you and that is when you enter your "not guilty"

    Read more 

  • What's the difference between grand theft and petty theft?

    Let's start with petty theft Petty theft is the taking of property valued at under $950 (the law recently changed from $400 to $950 as the line between grand and petty theft). While there is a secti

    Read more 

  • DUI and Miranda Rights

    Not all questioning by the police requires Miranda warnings There is a big difference between being "detained" and being "arrested" or "in custody" when it comes to Miranda. The 1966 US Supreme Cour

    Read more 

  • California DUI Basics

    Why are there two charges against me? There are two different DUI charges in California - 23152(a) of the Vehicle Code [driving under the influence of alcohol and/or drugs] and 23152(b) [driving with

    Read more 

  • Posting bail - what are the options?

    The best scenario - an O.R. release A defendant may be granted an "O.R." release (a release on their own recognizance). That means that they are released without having to post bail in any amount on

    Read more 

  • Should I bail them out of jail?

    First - can they be bailed out? A criminal defendant is entitled to reasonable bail. What's reasonable? Ultimately, that's up to a judge to set the amount, but in some cases, you cannot post bail.

    Read more 

  • What are some possible defenses to driving on a suspended license?

    The traffic stop was invalid In order to validly pull you over, the police need "reasonable suspicion" of criminal activity. That "crime" can be anything, even something as minor as a traffic offens

    Read more