What Is Mayhem (Penal Code § 203) and Aggravated Mayhem (Penal Code § 205)?
Sep 12, 2012
If one is charged with mayhem, or aggravated mayhem, it is not unusual for the rhetorical question of, what is mayhem? to be asked. After all, mayhem is not a word often used nowadays.
Penal Code 2...
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What is Penal Code § 647(b), Prostitution and Solicitation for Prostitution?
Sep 11, 2012
California Penal Code 647(b) prohibits one from willfully engaging in a sexual act in exchange for money or other goods or services (typically drugs). This seemingly broad definition does not inclu...
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What is House Arrest as an Alternative to Jail?
Sep 10, 2012
If you face a jail sentence, but also have enormous responsibilities at work and / or for your family, i.e. child care or an elderly parent, house arrest may be something you should request as an alt...
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Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?
Sep 06, 2012
A common question our office often hears is whether the prosecutor will dismiss or drop the case if the victim refuses to testify at trial or even refuses to appear at trial. Indeed, there are cases...
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What Happens at a Felony Preliminary Hearing Setting Conference?
Sep 04, 2012
What Happens at a Felony Preliminary Hearing Setting Conference?
As its name implies, at a felony preliminary hearing setting conference, a date is set for the preliminary hearing in the case. Yet th...
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Sixth Amendment Right to Fair Trial Means Family Can Be In Court During Sentencing
Sep 03, 2012
It is not uncommon in many serious cases for a defendant being accused of a serious crime to pack the courtroom with friends and family. The presence of friends and family is to show support for the...
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What Is Tampering with a Vehicle (Vehicle Code § 10852)?
Sep 03, 2012
What Is Tampering with a Vehicle (Vehicle Code 10852)?
Under Vehicle Code 10852, it is illegal to tamper with a vehicle. The text of 10852 reads, [n]o prison shall either individually or in associa...
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What is Trespassing (Penal Code § 602)?
Aug 29, 2012
What is Trespassing (Penal Code 602)?
Trespass means many things to many people. To one person, it means walking into an area posted with signs that state, No Trespassing. To others, it means walkin...
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What is Penal Code section 415, Disturbing the Peace?
Aug 28, 2012
For one who is unfamiliar with Californias criminal courts, the charge of disturbing the peace may conjure up thoughts of a homeless man shouting obscenities at passing cars on a busy street. It may ...
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What is False Imprisonment (Penal Code § 236)?
Aug 27, 2012
False imprisonment prohibits wrongful restraining, confining or detaining a person without that persons consent (Penal Code 236). The most common context of this that our office sees is when someone...
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