Dropped charges

If charges aren't filed before arrangement and I'm released  from custody, can they charge me late

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Serious or Violent

Since 1192.7(c) and 667.5(c) are nearly identical lists of the same crimes, Who, What, or How do you know if your crime is Serious or Violent? Many people profess that if the crime is listed in 667.5(c) it is automatically considered a Violent crime. So what is the criteria for it to be considered a Serious crime?

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What are the potential punishments if I am found guilty of driving on a suspended license? (CVC14601)

The punishment you will receive if you are convicted of driving on a suspended license (CVC14601) will depend in great part on why your license is suspended. You will receive the most serious punishment, including mandatory jail time if the reason your license was suspended is due to a drunk driving conviction. IF your license was suspended for any other reason then jail time is not mandatory for a first…

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I was Arrested For A DUI In Riverside, But The Cops Never Even Saw Me Driving. Can I Get The Case Dismissed?

The best answer to this question is that it depends.  To be convicted of a DUI in Riverside – or in California – the prosecutor does not have to prove that the officer actually saw you driving.  The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving.  The prosecution can also rely solely on circumstantial evidence that you were driving.  Common cases…

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The judge sentenced me to 90 days in jail for my second petty theft conviction (PC 484). Is there any way that I can hire a lawyer who can help me convince the judge to let me do something other than time in jail?

YES. In a high percentage of our misdemeanor cases our clients are allowed to do something “other” than time in county jail. Everyone of our criminal defense lawyers knows “their courts” extremely well and knows what is available as alternatives to jail time in that court. In many courts you can receive “community work service” instead of jail time. In other courts you can be ordered to do “home confinement”…

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My girlfriend called the police a week ago and told them that 2 years ago when she was 17 and I was 23 that I had sex with her? We broke up two weeks ago and she is trying to get back at me? Can I still be prosecuted after two years?

The answer is YES. There is a three year statute of limitations for having sexual intercourse with someone under age 18. (Penal Code Section 261.5)  This means that you can be arrested and prosecuted for up to three years from the last date of sexual intercourse if your girlfriend was under age 18 at the time. However, in reality since she waited this long there is a good chance that…

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Can an 18 year old date a 16 year old in California without facing criminal charges? (PC 261.5)

The answer is that so long as the couple do not engage in sexual intercourse or oral copulation then they will likely not be prosecuted. However, if they do have intercourse then the 18 year old can be prosecuted for a violation of Penal Code Section 261.5. If the two have oral copulation then there can be a prosecution for oral copulation with a minor. (PC 288a). Most of the…

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I was arrested for a DUI in Orange County when I was on vacation. I live in Texas? Do I have to come back for the court dates if I hire a DUI defense lawyer?

Probably not. In most cases you can retain an experienced DUI defense law firm and they can appear on your behalf without you having to be present. This is pursuant to Penal Code Section 977. However, if you do not appear and if you do not retain a lawyer to appear for you then the court will issue a warrant for your arrest.

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What is The Difference Between A Dry Reckless (CVC 23103) & Exhibition of Speed CVC 23109(c)

A “dry reckless”, found in the California Vehicle Code Section 23103, is an alternative used during DUI plea negotiations. A “dry reckless” is a great alternative to a DUI mainly because it is not a “priorable” offense so that, unlike a “wet reckless”, it has no statutory provisions to enhance punishment for a future DUI. In addition, there is no requirement to complete an alcohol education program. Further, a “dry…

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What are the most common reasons for traffic stops leading to DUI?

While there are almost an unlimited number of reasons an officer may use as a basis for conducting a vehicle stop, there are a few regularly recurring reasons for enforcement stops that result in DUI charges. One of the most common reasons for a traffic stops is allegations of “weaving within the lane.” Weaving within the lane—Courts have found that weaving within the lane provides an officer with reasonable cause…

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