Can You Be Tried for the Same Criminal Charges More Than Once?
Can You Be Tried for the Same Criminal Charges More Than Once? Many people who are facing a criminal charge are told by their lawyer that if they go to a jury trial, they cannot be found guilty if just one out of the twelve jurors votes “not guilty.” While that statement is true, what persons accused of crimes do not realize is that the same is true for a…
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Is Indecent Exposure a Misdemeanor or a Felony? (PC 314)
In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle Under California Penal Code Section 314, indecent exposure is defined as exposing your genitals for a sexual purpose in a public setting where it would be considered a lewd act to do so. In order to convict you of indecent exposure, the prosecution must prove: You willfully…
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10 Steps You Need to Take if You are Charged with a Felony
10 Steps You Need to Take if You are Charged with a Felony Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time. To have a chance to avoid these serious felony consequences, you need to take the…
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Can You Face Criminal Charges for Threats on Facebook? (PC 422)
Can You Face Criminal Charges for Threats on Facebook? (PC 422) If you make criminal threats to someone in California, there is a good chance that you will face criminal charges. But what if those threats were made behind a computer screen on social media? Can you face criminal charges for threats on Facebook? The answer is yes. Making Criminal Threats (PC 422) Under California Penal Code Section 422, it…
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When is Hit and Run a Felony in California? (VC 20001)
When is Hit and Run a Felony in California? (VC 20001) When you cause a vehicle collision, it can be very scary. For some people, the easiest way to deal with this is by driving away. However, you should never leave the scene of a car accident. If you do, you could face hit and run charges under California Vehicle Code Section 20001. In certain situations, you could face felony…
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Should You Talk to a Prosecutor if You are Accused of a Crime?
Should You Talk to a Prosecutor if You are Accused of a Crime? Your right to remain silent is one of the most important protections that the U.S. Constitution gives you if you are arrested. The Fifth Amendment gives you the right to refuse to answer the questions of any law enforcement agent, and it is always the best course of action to politely refuse to do so outside the…
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Can the Police Search Your Phone Without a Warrant?
Can the Police Search Your Phone Without a Warrant? The law frequently struggles to keep pace with technology. For that reason, it can be difficult to know your rights when you are confronted by law enforcement. For instance, are police allowed to search your cellphone? This particular situation can be complicated, which is why it is important that you understand your rights. Instances When Police Can Search Your Phone without…
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How Criminal Charges are Filed
How Criminal Charges are Filed Being accused of a crime can be potentially devastating. The legal process can be complicated and difficult, especially if you don’t know how the law works. This is why you need to consult with an experienced criminal defense attorney as soon as you receive information that you may be accused of a crime. Arrest and Filing Charges After you are arrested, a police report will…
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