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California PEN 995 Motion is a legal defense motion requesting the court to set aside a felony or both felony and misdemeanor charges on the basis that the preliminary proceeding’s judge improperly or incorrectly allowed the case to proceed. Usually, the motion is filed after the preliminary hearing and only applies where you face a felony count because, without a felony charge, there could be no preliminary hearing. If you encounter a felony count and feel the judge incorrectly sustained the initial hearing, below is how you could have the entire or part of the count set aside. Understanding PEN 995 Motions As per PC 995, a 995 motion (pronounced as nine, nine, five) seeks to have a trial judge set aside the entire or part of a criminal complaint. You can file the motion under this section if you face felony counts or charges of both felony and misdemeanor. Note that... Read More
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California has two primary DUI laws that make it an offense for a driver to operate a vehicle while under the influence. The California Vehicle Code 23152(a) makes it a crime to drive under the influence of alcohol. The California Vehicle Code 23152(b) makes it a crime to drive a car when your BAC is above 0.08%. After a DUI arrest, you are likely to face charges under the two statutes. The consequences of a DUI conviction will vary based on two main factors: Whether you have prior DUI convictions Whether someone suffers injuries because of your driving under the influence In most cases, DUI offenses are misdemeanors, especially first-time offenses. However, you could face felony DUI charges if you have four or more prior DUI convictions. You could also face felony charges if someone suffers injuries from your drunk driving. The Consequences Of A First DUI... Read More
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Over the years, several reasons have been presented as the contributing factors for juvenile delinquency in both adolescent and pre-adolescent kids. Many investigators have concluded that juvenile delinquency results from a combination of mental, social, and physical problems associated with adolescents' lives. Regardless of the crime that a juvenile is accused of committing, the legal system believes that minors are entirely unaware of their actions. The legal system assumes that minors' ability to make decisions is not fully developed, and that's why they approach these cases differently. However, by addressing the underlying factors that contribute to child delinquency, you can develop a more secure environment and reduce the chances of child delinquency. Even so, you still have to seek a reliable legal representative to help you reduce the possibility of your... Read More
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Television and film courtrooms often showcase scenes of heart-pounding action and unrestrained emotion that could make courtrooms seem less than the serious judicial proceedings they are. Some of these dramatic scenes in the courtrooms usually involve several kinds of contempt of court. Within the courtroom, contempt might encompass a range of defiant behavior. It could include disobedience of court orders, like failing to observe a protection order or failing to make child support payments. You might be held in contempt of court when you disregard or refuse to follow a court order. When the court approves of this, you could face penalties such as fines or possible jail time. In this blog, we'll look at the meaning of contempt, what it entails as well as the consequences of being accused of contempt of court. What is Contempt of Court? Contempt of court, which is... Read More
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Minors think and behave in ways that differ from adults. And it's often the very differences that make them especially appealing and vulnerable to misguided judgment and wrongdoing. This is why the California juvenile court system treats minors more leniently than adults. Nonetheless, criminal cases involving minors can still leave a lasting impression on their future — limiting opportunities for college, scholarships, and even future employment. If your child is facing a juvenile case, you should hire a criminal attorney who is familiar with juvenile cases and can support you and your family all through the process. As a parent, you also need to know your rights during such periods and protect them. This blog will help you understand everything you need to know concerning your parental rights and privileges in juvenile... Read More
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In California, a "wobbler" is a criminal violation that may be prosecuted as either a felony or a misdemeanor depending on the circumstances of the case. Misdemeanors usually have less severe consequences compared to felonies. Convictions for felonies have additional penalties, such as being deemed a criminal, which may restrict future privileges and opportunities. If your charges are a wobbler, it would be to your advantage to have your charges lessened or dropped. That’s why you will need a Los Angeles criminal attorney to defend you. Let’s talk more about a wobbler in California. California Wobbler Offense According to legal jargon, a "wobbler" refers to a crime that can be classified as either a felony or a misdemeanor. The judgment for this classification is based on the specifics of the offense as well as the criminal... Read More