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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...
See Full GuideWhat is on your criminal history and how do you get a copy of your own to review?...
See Full GuideIn California, Penal Code 1275 dictates what a judge must consider when setting bail. Here are some of the factors the judge must consider:...
See Full GuideThe 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"...
See Full GuideLet'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...
See Full GuideNot 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...
See Full GuideWhy 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...
See Full GuideThe 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...
See Full GuideFirst - 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. ...
See Full GuideThe 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...
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