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…
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…
In this post, I will explain how misdemeanors work in California. Let’s get started… A misdemeanor offense in California is characterized by how much potential time you could serve incarcerated and where you would spend it. What Is A Misdemeanor Misdemeanors are criminal offenses that are less serious than felonies, though many do involve violence…
If you are charged with a crime, your first question might be whether you need an attorney to represent you. Your options include the following: Representing yourself Getting a public defender (If you qualify), or Hiring a private attorney Watch this video to understand how to decide between these (3) options: What Are The Risks…
Bail refers to funds deposited by a defendant or third person that is designed to ensure that the accused will make all future court appearances. It can be in cash or in the form of a bond secured from a bail bondsman. Bail is not imposed on every criminal offense, however, and it largely depends…
The first step in a criminal case is generally the arraignment which is the first court date. For felony matters, you may have two arraignments–one before your preliminary hearing and one after its completion if you are held to answer on the charge. What Is The Purpose Of The Arraignment? The main function of the arraignment is for…
In 1963, Mexican immigrant Ernesto Miranda, age 23, was arrested in Phoenix, Arizona, on suspicion of kidnapping and rape. Miranda’s arrest was based on a report and description provided by the victim that matched his physical description. The victim also identified Miranda in a lineup. After officers informed Miranda of the positive identification, he made…
A warrant is a document that gives authority to law enforcement to search a vehicle or structure to perform a search for certain items or to make an arrest of a particular person. Below our attorneys explain what arrest warrants are, who issues them, and how to handle the situation if you have an active warrant for…
Learn About The Criminal Trial Process.
Juveniles who have committed a criminal or status offense and whose petitions filed by the probation department or prosecutor have been sustained by the court are subject to a number of different sentencing or disposition options. Depending on the severity or gravity of the offense, the prior record of the juvenile offender1, whether serious bodily harm was…
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