How You May Be Able to Avoid Jail Time by Serving House Arrest
How You May Be Able to Avoid Jail Time by Serving House Arrest House arrest or home confinement is an order by the court that restricts your freedom and mobility, typically as a condition of being released on bond or as an alternative sentence. This might mean that you are prohibited from leaving your home or some other prescribed area. The terms and conditions of your house arrest will be…
Read More4 Things You Can’t Do When a Warrant is Out for Your Arrest
4 Things You Can’t Do When a Warrant is Out for Your Arrest In California, if there is a warrant out for your arrest, you will not have the same freedoms as if there was no warrant issued for your arrest. It doesn’t matter if the warrant for your arrest is for a misdemeanor or a felony, or if it is a bench warrant for a probation violation or arrest…
Read MoreBenefits of Having a Former Prosecutor as Your Defense Attorney
Benefits of Having a Former Prosecutor as Your Defense Attorney What is a prosecutor? A prosecutor typically represents the government and presses criminal charges against an accused individual or corporation. 1 While the prosecutor has the burden of presenting factual evidence to attempt to achieve a conviction, the defense attorney generally only needs to provide the best defense possible to assist his client. 2 An attorney familiar with both of…
Read MoreAvoiding Punishment for a Third Strike with a Romero Motion
Avoiding Punishment for a Third Strike with a Romero Motion In 1994, California’s voters decided that the state needed to get tougher on repeat offenders. They passed Proposition 184, which created the state’s “Three Strikes” sentencing system. The Three Strikes Law significantly increased the penalties for second and third serious felony convictions. If a person has two strikes and commits a third serious or violent felony, he or she can…
Read MoreDoes an Anonymous Tip Give Police Probable Cause?
Does an Anonymous Tip Give Police Probable Cause? Under the Fourth Amendment, police officers must have probable cause before they can arrest you. This means that police officers must have a reasonable suspicion that you committed a crime before you can be legally arrested for that crime. Generally, probable cause is established when an officer sees you commit the crime or has direct or circumstantial evidence, such as you running…
Read More6 Tips to Help You Get a Job with a Criminal Record
6 Tips to Help You Get a Job with a Criminal Record Finding a job can be difficult. From searching for an opening to getting in the door for an interview, it is a time-consuming and often frustrating process. It is much more difficult if you have a criminal record, as this will limit your employment opportunities. These tips will help you in your search to find employment. 1. Clean…
Read MoreHow a Pitchess Motion Can Help Your Case (Evidence Code 1043-1047)
How a Pitchess Motion Can Help Your Case (Evidence Code 1043-1047) A Pitchess Motion allows you to make a formal request in order to access a police officer’s employment and disciplinary records. Your criminal defense lawyer may be able to help your case by using a Pitchess Motion to attack the credibility of an arresting officer in cases of police misconduct. If your motion is granted, then it may be…
Read MoreConsequences for Marijuana Cultivation in California (HS 11358)
Consequences for Marijuana Cultivation in California (HS 11358) California has strict laws regarding illegal drugs. Possessing up to an ounce of marijuana is an infraction that carries a fine of $100. However, distributing, selling or cultivating the drug are crimes that carry severe penalties. In fact, it doesn’t matter if you are growing marijuana for personal use, patient use or to sell on the street; cultivation of an illegal substance…
Read MoreTheft by False Pretenses (PC 484)
Theft by False Pretenses (PC 484) Under California Penal Code sections 484 and 532, theft by false pretenses is the fraudulent or deceitful acquisition of both title and possession of someone else’s property. In other words, you can be charged with theft by false pretenses if you, by design or plan, lie or give a false promise in order to convince another person to voluntarily pass ownership of his or…
Read MoreThe Cost of Not Hiring an Attorney for a Pre-filing Investigation
The Cost of Not Hiring an Attorney for a Pre-filing Investigation If you are being investigated for a crime but you have yet to be charged, it is very important that you hire a lawyer immediately. It can make the difference between spending time in custody and avoiding criminal charges. The sooner your attorney begins planning your defense, protecting your constitutional rights and negotiating with the appropriate investigative agency, the…
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