Who “Presses Charges” – The Prosecutor Or The Victim?

In this post I am going to explain how and why prosecutors and not victims are the ones that decide when charges are filed in a criminal case. Why The Prosecutor And Not The Victim Makes the Decision When someone has been harmed by the actions of another, it can rise to criminal conduct if…

What Happens If You Possess A Medication Without A Prescription

It’s considered a crime in California under Business & Professions Code 4060 BP1. This type of case is often prosecuted when police find prescription drugs such as pain-killers in the hands of someone for whom the drug was not prescribed. Watch this video to understand if you can have these charges dismissed. How Does The Prosecutor…

11 Things You Should Know About Assault With A Firearm

11 Things You Should Know About Assault With A Firearm

Assault with a firearm is a serious offense under California law that can result in substantial state prison time and a strike on your criminal record. Watch this video to understand how prosecutors approach these charges. Elements Of The Crime The Prosecutor Must Prove For A Conviction To be convicted under Penal Code 245(a)(2), the prosecution must prove beyond…

Preliminary Hearings In Felony Cases
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Preliminary Hearings In Felony Cases

If you are charged with a felony offense in California, you are entitled to a preliminary hearing, which may also be referred to as a probable cause hearing. Although probable cause is routinely found at these hearings and defendants bound over for trial on the charges, they can offer a prepared defendant in certain cases…

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The Plea Bargain Process Between Prosecution and Defense Attorney

The plea process is an essential component of the criminal justice system. Below we describe in detail how this process plays out in a case. Overview Of Plea Bargaining The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo…

Understanding Negligent Discharge Of A Firearm Laws – PC 246.3

Understanding Negligent Discharge Of A Firearm Laws – PC 246.3

What is important to understand with laws regarding negligent dishcharge of a firearm is firing a gun in celebration, to show off or to demonstrate how the gun operates can be a criminal offense under California Penal Code 246.31, which punishes anyone who negligently discharges a firearm, BB or pellet gun2. Negligent Discharge Of A…

Forgery or Falsification of Car Registration Stickers

If you tampered with any document or device designed to provide evidence of current car registration, or fraudulently altered a smog certificate you may have violated this offense. Watch this video to understand when the prosecutor will file charges. What is Forgery or Falsification of Car Registration Stickers? VC 4463 Vehicle Code Section 4463 essentially…

Will the Prosecutor Drop Domestic Violence Charges if the Victim Recants?

California prosecutors are unlikely to drop domestic violence charges even if an alleged victim recants his or her testimony before trial. Watch this video to understand how the system works. Instead, the state is likely to persist in its prosecution, with the help of unique evidentiary rules that apply to domestic violence cases.   If…

23 Things You Must Know About A First Time DUI In California

In this post you are going to learn everything there is to know about a first time DUI in California. In fact: A person who has been arrested for a first offense DUI in California is facing two different government agencies. The DMV The local criminal court Lets get started….. First DUI In California In…