Law Change Expands Custodial Parents Rights To Two Additional Phone Calls After They Have been Arrested (PC 851.5)
Law Change Expands Custodial Parents Rights To Two Additional Phone Calls After They Have been Arrested (PC 851.5)
Under California Penal Code section 851.5, you must be allowed to make three completed phone calls within three hours after you have been arrested. Further, if you are a custodial parent you are entitled to make two additional phone calls to arrange for the care of any minor children. The right to make these telephone calls to arrange for child care is allowed regardless of your immigration status. Due to…
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Change in California Law Allows You to Participate in an Electronic Monitoring Program Even if You Cannot Post Bail (CPC 1203.018)
The California Legislature recently changed California Penal Code section 1203.018, which may allow you to be released from custody while awaiting trial on an electronic monitoring program. This option is available even if you are not able to post bail. Previously you were only able to participate in the electronic monitoring program if you had been in custody for 30 days on misdemeanor charges or if you had been in…
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Civil Restraining Orders May Be Used Maliciously Resulting In Criminal Consequences (PC 273.6)
A civil restraining order is a court order that can help protect people who have been abused, threatened with abuse, or are being harassed. A civil restraining order is a court order, and does not become a criminal action unless the order is violated. The most common civil restraining order is a domestic violence restraining order. It is appropriate in circumstances where you and the person you want to restrain…
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Is there a defense against shoplifting if it was accidental? (Penal Code 484)
When a person is arrested or giving a citation for Riverside petty theft they need to realize this is a serious criminal offense. This is considered a crime of "moral turpitude". If you are found guilty of this crime, it will remain on your permanent record. If you apply for a job after being convicted of a theft crime it is very unlikely anyone will want to hire you in…
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The Consequences Of A Theft Conviction In California May Greatly Vary Depending On Different Factors. (PC 484)
Theft crimes are the most commonly prosecuted property crimes in California. This crime is especially frequent during the holiday season, when many people are shopping in public and distractions are all over the place. If you are charged with theft, the consequences you face will depend upon the circumstances of your case. However, no matter what type of theft you are charged with, the punishment could be very severe. That's…
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Affect of restraining order violation on a new criminal offense perpetrated by the restrained person (PC 273.6)
Violation of a restraining order is a separate crime in itself and may be charged as a separate or added count to a new criminal offense. A restraining order can be ordered in the civil, family law or criminal courts as a criminal protective order. Under California Penal Code Section 273.6, the prosecution can charge a violation of a restraining order as a separate or added count to a new…
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What is the criminal appeals process in California and what steps do I need to take? (CPC 1297)
The criminal appeals process in California begins when you file a Notice of Appeal. If you have been convicted of a felony you have 60 days from the day you were sentenced to file a Notice of Appeal. If you were convicted of a misdemeanor you have 30 days. Your appellate lawyer will then prepare an Opening Brief, which is your first opportunity to explain why your conviction at the…
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Ventura County’s Policy Is To Prosecute All Petty Theft Shoplifters. Why You Need To Hire Experienced Ventura County Defense Attorney (Penal Code 488)
Ventura County does not follow the policy of other California courts when it comes to petty theft charges. In some California courts, the prosecutor and the court employ a policy that allows a person who is charged with a first-time misdemeanor petty theft offense to enroll in a theft class. If that class is successfully completed, the person will have the misdemeanor charge dismissed. However Ventura County has no such…
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Extradition Warrant Requirements and PC 1558
Interstate extradition is the process by which one state is required to surrender a convicted or suspected criminal to another state in order to face sentencing or punishment. If a demand for your extradition is made by the state in which you are suspected of committing a crime or have been convicted of committing a crime, the governor must issue a warrant for your arrest. In order for the governor's…
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What is the punishment if I am charged with assault with a deadly weapon?
Weapon laws are very strict in California. Assault with a deadly weapon is one of the most serious crimes you could commit in the state. If you are convicted of this crime, you will likely face a jail sentence and high fines. If you used a firearm, the sentence will be even worse. But our experienced criminal attorneys may be able to help you avoid this harsh sentence. Why should…
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