Consequences of Mayhem (PC 203)

Consequences of Mayhem (PC 203) What exactly constitutes mayhem in California? Although mayhem is more commonly used in everyday language to describe a scene of general chaos or commotion, the legal definition of mayhem is much more complicated. Mayhem is defined under California Penal Code Sections 203-205. Pursuant to PC 203, mayhem is defined as unlawfully and maliciously: Depriving a human being of a member of his or her body Disabling,…

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Consequences of Falsely Reporting a Crime in California (PC 148.5)

Consequences of Falsely Reporting a Crime in California (PC 148.5) We’ve all heard the story of the boy who cried wolf. Well as adults, it turns out that story is true. If you falsely report a crime in California, you may actually be charged with a crime. Under PC 148.5, it is a misdemeanor to knowingly make a false report or statement to any of the following: Police or peace…

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Consequences of Driving Alone in the Carpool or HOV Lane

Consequences of Driving Alone in the Carpool or HOV Lane The High Occupancy Vehicle lane, better known as the carpool lane or HOV lane, was designed to “relieve traffic congestion … conserve fuel and lessen emission of air pollutants.” The state requires that vehicles using the lane have two or more individuals inside or are “qualified clean alternative fuel vehicles.” That doesn’t mean that all solo drivers can resist using…

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What Happens to Commercial Drivers Who Get Traffic Tickets in California?

What Happens to Commercial Drivers Who Get Traffic Tickets in California? In California, commercial drivers like truck drivers, bus drivers, and limo drivers are held to higher legal licensing requirements and stricter driving regulations than non-commercial drivers. They generally put in far more time on the road than drivers of passenger vehicles, which may increase the odds of commercial drivers getting traffic tickets. What Happens When Commercial Drivers Get Traffic…

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Traffic Misdemeanor or Infraction? The Choice in Penal Code Section 17(d)

Traffic Misdemeanor or Infraction? The Choice in Penal Code Section 17(d) You may have heard the term “wobbler,” which is the nickname given to laws in California that can be charged as either as felonies or misdemeanors.But did you know there is also such a thing as a “wobblette?”  A “wobblette” is a violation that can be charged either as a misdemeanor or an infraction. In California, a misdemeanor is an…

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Staying in the U.S. as an Immigrant with a Criminal Conviction

Staying in the U.S. as an Immigrant with a Criminal Conviction The U.S. government is actively looking for immigrants with criminal pasts. Recently, the Department of Homeland Security’s Immigration and Customs Enforcement Bureau (ICE) conducted Operation Cross Check, a nationwide sweep of immigrants with criminal pasts. This is the sixth time that ICE has conducted the sweep since 2011. It resulted in the arrest of more than 2,000 immigrants from…

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How Orange County’s DNA Bank Can Actually Help Your Case

How Orange County’s DNA Bank Can Actually Help Your Case Orange County is the only county in California to maintain its own DNA bank. For those arrested of misdemeanor crimes, the District Attorney is asking offenders to voluntarily provide a DNA sample in exchange for a dismissal of their case. This is called deferred entry of judgment. Deferred Entry of Judgment – PC 1000 Under California Penal Code Section 1000,…

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Do You Qualify for Resentencing Under Proposition 47?

Do You Qualify for Resentencing Under Proposition 47? In November 2014, California voters passed a new law that changed the state’s approach to sentencing. Proposition 47 (also known as the “Safe Neighborhoods and Schools Act”) reduced the penalties for certain drug and theft crimes. In many cases, district attorneys no longer have the option of prosecuting “wobblers” – crimes that could be charged as either a misdemeanor or felony –…

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Recanting a Statement (PC 118)

Recanting a Statement (PC 118) You have probably heard or read in the news about a witness or an alleged victim who recants a statement made to the police. This often happens in domestic violence cases, where an alleged victim will tell police he or she is being abused only to recant the story after learning his or her spouse or partner may go to jail. It can also happen…

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Prop 47 Sentence Reduction Process

Prop 47 Sentence Reduction Process Passed in November 2014, Prop 47 reduces certain low-level and non-violent felonies and wobblers to misdemeanor offenses. If you have a current or previous offense that falls under the list of reduced crimes, you may be eligible to have the felony on your record reduced to a misdemeanor. The crimes that Prop 47 reduced to misdemeanor offenses include: Possession of a controlled substance Theft (including…

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