Can I Obtain A New Trial if the Judge Gave Wrong Jury Instructions?
The California Court of Appeal determined whether a defendant is allowed the right to a new trial when the defendant demonstrates it was possible that the jury had convicted him based on improper jury instructions. People v. Maldonado In People v Maldonado, police recovered the body of a victim who suffered fatal stab wounds. Police had reason to believe Reynaldo Maldonado had information about this incident but were not able to…
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How Long Does It Take to Press Charges?
How Long Does It Take to Press Charges? How Long Does It Take a Prosecutor to File Charges? A criminal case begins when a law enforcement officer cites or arrests an alleged offender and writes a report. After reviewing the report, a prosecutor then decides whether to file charges and, if so, what charges to file. Depending on the alleged crime, the prosecutor may decide to charge the crime as…
Read MoreHow to Win a Revocation Hearing
What Is a Revocation Hearing? When criminal offenders receive probation as a punishment, they must follow certain terms and conditions set for a specified period. If an offender repeatedly or grossly violates the terms of probation, he may return to jail or face other legal consequences. To determine whether probation should be revoked and the defendant sent back to jail, a probation revocation hearing is held to determine if the…
Read MoreHow Much Is a Reckless Driving Ticket?
How Much Is a Reckless Driving Ticket? What Is Reckless Driving? Under California Vehicle Code Section 23103, reckless driving is driving a vehicle “in willful or wanton disregard for the safety of persons or property.” You can be charged with reckless driving on a highway, as well as in an off-street parking facility. Reckless driving is a misdemeanor and usually results in a fine. However, you may incur more severe…
Read MoreWhat Happens If Charges Are Dropped Before Trial?
What Happens If Charges Are Dropped Before Trial? If you are charged with a crime in California, you will face legal action from the state. However, not all hope is lost because charges in both misdemeanor and felony cases may be dropped. Only the prosecution side may decide to drop the charges, and the charges may be dropped before or after the prosecution files your case. To find out whether…
Read MoreHow to Avoid Paying Restitution
What Is Restitution? Avoid paying restitution As authorized under California Penal Code Section 1202.4, many criminal cases require a guilty defendant to pay restitution to the victim. Restitution is a penalty that is used to compensate the victim for any property damage, medical expenses, or other financial harms they suffered as a result of the crime. In California, there is no maximum amount that a judge can order for restitution,…
Read MoreHow Long Can You Be Held Without Bail?
What Is Bail? Bail After a defendant has been charged with a crime and taken into custody, the court will set a bail amount. Bail is money or property that is posted with the court in order to be released from jail before trial. This money ensures that the defendant will show up for mandatory court appointments. If the defendant fails to appear, the bail can be forfeited. What Is…
Read MoreWhat Happens in a Hung Jury?
What Is a Hung Jury? In most jurisdictions, a unanimous jury decision is required for a verdict to be given, meaning all jurors must agree on whether the defendant is guilty or not. A hung jury, also known as a deadlocked jury, is a jury whose members are unable to agree on a verdict of guilty or not guilty. What Happens in a Hung Jury? If there is a hung…
Read MoreWhat Are Sex Offenders Prohibited from Doing?
What Are Sex Offenders Prohibited from Doing? California enforces strict laws regarding sex crimes and imposes serious penalties for violators. A sex crime conviction may hold negative impacts on many areas of one's life, in addition to having serious legal repercussions. Specifically, sex offender registration may wreak havoc on your personal and professional life and prevent you from doing many of the things you used to enjoy. The best way…
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5 Things You Can’t Do If You Have a Warrant for Your Arrest
5 Things You Can’t Do If You Have a Warrant for Your Arrest In southern California, an arrest warrant authorizes police officers to arrest and detain you for a suspected crime. A warrant for your arrest in California can seriously limit your freedom, preventing you from performing everyday tasks. Whether it’s an arrest warrant for a felony or misdemeanor or a bench warrant for a probation violation, you may be…
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