What You Need To Know About Bail in California
What You Need To Know About Bail in California
After being arrested, a suspect will go before the judge, who will either set a specified bail amount or allow the defendant to be released without bail during the pendency of the case. Bail refers to an amount of money that the suspect must post so that he or she can get out of jail. The amount of bail depends on a number of factors, including: (1) the severity of…
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What You Need To Know About Appropriation of Lost Property (Penal Code 485)
You can be charged with a crime if you find personal property which appears to be lost and you pick it up and keep it. California has enacted Penal Code 485 pertaining to "lost" property. An important determination is whether there is a clue to ownership for the lost property. If there is no legitimate clue of ownership it is unlikely the prosecution will be able to convict you of…
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What you need to know about Check Fraud in California – PC 476a
Under California Penal Code Section 476, it is a criminal offense to fraudulently create, write, pass or possess a fake or forged check with the intent of obtaining something of value in exchange for this check. This is a crime broadly referred to as Check Fraud - PC 476. Check fraud is not taken lightly in California. If you are accused of this crime, you face severe penalties, which could…
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What you need to know about the crime of Arson in California – Penal Code Section 451
Arson charges in California are prosecuted pursuant to Penal Code Section 451. The critical elements of the crime of arson are: (1) Did the defendant set fire to or burned (or counseled, helped or cause the burning of) a structure, forest, land or property? (2) Did he or she act willfully and maliciously? Arson is an extremely serious crime, with severe penalties under California arson law. California Penal Code 451…
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Courts Consider Pretrial Release Programs For Low Level Criminal Cases To Ease Jail Overcrowding
Overcrowded jails have become a problem in California. With a stalled economy, counties in California have few options to appease the growing jail population. One option many counties in California, including Los Angeles County, have been considering is a pretrial release program for low-level accused offenders. Los Angeles County has been exploring the option of including a risk-evaluation model to their incarceration program that would allow them to release inmates…
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Court To Decide If PC 290 Registrants Can Legally Be Barred From Public Parks
Legal disputes often arise when the State of California has a law in a certain area and a local city creates a law that may be in conflict with the state law. This is what is occurring now in the case of People v. Godinez, 30-2011-00530069 (Orange Super. Ct., filed Dec. 15, 2011). Judges Craig L. Griffin, Clay M. Smith, and Charles Margines will decide whether local governments and municipalities…
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Can my Wife drop the Charges of Corporal Injury on Spouse (273.5 PC)?
After someone is charged with corporal injury on spouse in California, we are often asked the question: can my wife drop the charges? The short answer is no. However, there is more to the process according to California Penal Code 273.5 PC. Now there are many factors that go into making a case against someone charged with the crime of corporal injury to a spouse. These factors include: (1) How…
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If You Have Accepted A Plea Bargain To Any Crime, You Have Six Months To File A Motion To Withdraw That Plea
In a perfect world, when you enter into a plea bargain and accept responsibility for a crime (felony or misdemeanor), you should feel confident and assured that you have done the right thing – that you know about all the potential consequences and side effects of accepting a plea bargain. However, this is not a perfect world and reality is that you may not feel comfortable or confident with your…
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New Court Ruling Gives Hope To Juvenile Offenders
When he was 17 years old, Andrew Moffett and an accomplice robbed a supermarket. The parties fled in a stolen car, but they crashed their vehicle and hid in nearby bushes. When police officers approached, Moffett's accomplice shot at and killed one of the police officers. Both minors were captured; Moffett's accomplice was tried and found guilty of first-degree murder, and Moffett was found guilty of first-degree murder under the…
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Mother Found Guilty Of Imprisonment Of Eight-Month Old Child (PC 236)
A Texas women was found guilty of unlawful imprisonment and custodial interference. The woman, whose eight-month old baby disappeared in 2009, was found guilty by a jury. The women is alleged to have taken the child to Texas. The women's baby was last seen alive in Texas at a motel in late 2009. The woman originally told the child's father that she had killed him. But after she was arrested,…
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