Information on New Criminal Defense Laws in California
Blog - Page 3 of 16
Community Programs for Juvenile Delinquency?
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The juvenile justice system has a lenient way of handling juvenile delinquents that is different from the treatment adult offenders receive. However, the system can take more severe action, like detention, if a minor commits a serious or violent felony. Detention is more or less the same as imprisonment for adult offenders. Juvenile offenders are held in secure facilities for a predetermined period. The main intention of these interventions is to ensure minors receive treatment and rehabilitation to correct their behavior for a crime-free adult life. However, the efficacy of these detention facilities has been criticized for a long time. Many believe that instead of reporting positive results from minors who have served time in these facilities, the juvenile justice system has seen an increase in recidivism. It is believed that some juveniles have suffered psychological... Read More
Do All Criminal Cases Go To Trial?
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Some criminal cases do not reach trial. Sometimes, the judge has no choice but to drop charges because of insufficient evidence. The prosecutor could also decide not to pursue your case, especially if your attorney presents strong evidence at the preliminary hearing. Additionally, there is a likelihood of your case not reaching trial if your attorney finds a reason to file a motion to suppress evidence presented by the prosecutor. Your attorney can file a motion to suppress evidence if you are a victim of police misconduct or illegal search and seizure. Usually, most cases do not go to trial because most defendants choose to take a plea bargain. Plea bargains are a win-win for the state and the defendant. You can use a plea bargain to negotiate for a lesser charge while the state saves the taxpayer's money and resources by avoiding a lengthy trial. Trial and Plea... Read More
What is the Difference Between Statutory Rape and Rape?
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In the realm of sexual offenses, two terms that often evoke strong emotions and reactions are "statutory rape" and "rape." Although they both involve non-consensual sexual conduct, these offenses are legally distinct and carry varying penalties. Misinterpreting the nuances between these offenses can have dire consequences for the defendant and may hinder their ability to mount a robust defense. This article aims to provide a clear and comprehensive guide to the distinctions between statutory rape and rape under California law. The Legal Definition of Statutory Rape In California, statutory rape is defined as engaging in sexual intercourse with a person under the age of consent, regardless of the minor's willingness to participate. Under California law, the age of consent is 18 years old. This means that engaging in sexual activity with an individual under 18, even if... Read More
Understanding Hate Crime Laws in California
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Everyone must abide by the rules and regulations prohibiting hate crimes in today's diverse society. In California, you could face grave consequences When you face a serious accusation of a hate crime. If the offense is a felony, it could lead to enhanced sentencing. So, you want to contact a skilled criminal defense attorney without delay to help you build a solid defense. This step ensures that you receive the most effective legal support available. Hiring a knowledgeable attorney greatly improves your chances of persuading the court to consider a more lenient outcome for your case. Moreover, your attorney will always be on hand to provide you with any additional information you need throughout the legal process. At Los Angeles Criminal Attorney, you will work alongside an experienced team of criminal defense lawyers dedicated to helping you comprehend the intricate... Read More
What is a Witness Taking a Bribe in California?
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Facing an arrest and criminal charges in California is a nerve-wracking experience. Law enforcement officers may interview witnesses and use their evidence to secure a conviction against the defendants. If you are a witness to a crime, your testimony may be the most critical piece of evidence needed for the case. Most people will go to all lengths to ensure a favorable outcome in their case. Unfortunately, some of these measures could result in criminal charges for the defendant and the witness. For this reason, a defendant can approach you and offer you something valuable to testify in their favor. Accepting a bribe as a witness in a criminal case is a serious felony charged under California PC 138. If the prosecution can prove that you accepted the bribe from a defendant or their attorney, you can be arrested and charged under this statute. The consequences of a... Read More
What is the Penalty for Robbery?
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Robbery refers to the taking or snatching of another person's personal property. The taking is from the other individual's person or immediate presence, including anywhere in their vicinity, and against their will. The taking is accomplished through force, violence, fear, or a threat of imminent physical injury or death upon the victim to prevent them from resisting. Lastly, the taking happens with the intent to deny the victim the property permanently or for a period long enough to deny them a significant percentage of its value. Robbery is criminalized in all states. Penalties differ from one state to another. Criminal Penalties of a California Robbery Depend on the Classification of the Violation California law categorizes robbery into two classes: first-degree and second-degree robbery. The consequences you will face upon a robbery conviction depend on which of... Read More
