Burglary is considered a serious offense in California. The penalties reflect the fact that private property rights are inviolable, and entering someone’s property is a significant violation. Many burglary offenses are automatically charged as felonies, while others give the prosecutor the discretion to charge them as a felony or misdemeanor. The penalty for burglary depends on the severity of…
There are times when it makes sense to enter a guilty plea in a criminal proceeding. You may be able to obtain a better legal outcome through a plea bargain than if you tried to fight the charges. Initially, you would always plead not guilty to criminal charges no matter what. Your lawyer would get time to review your…
California makes it a misdemeanor to illegally possess a controlled substance. The definition of a controlled substance would include drugs such as: Cocaine Heroin Meth Morphine Oxycodone Simple possession can be punished by up to a year in jail. However, the reality is that possession for a first-time offender, with nothing more in play, would not lead to a…
If police officers have respected your legal rights when you are arrested, they will tell you that you have the right to remain silent. The question is whether you should choose to exercise this right. The answer is absolutely, because of the second part of this statement – anything that you say can and will be used against you…
You should never downplay an arrest or not take it seriously because you perceive it to be a “minor crime.” There is practically no such thing as a minor crime because any conviction could have an outsized impact on your present and future. In terms of punishment, theft can be very serious, depending on the amount at issue in…
Drivers who are convicted of a DUI face a number of significant consequences. Some of the penalties for DUI include: A potential jail sentence A fine Loss of your driver’s license for a period of time A jail sentence for a DUI conviction is always a possibility. In California, the law allows for it, even on the first conviction….
Every year, millions of college students take the rite of annual passage by traveling over Spring Break. Even those who remain local try to let loose and enjoy themselves. Spring break does not end well for many college students who have been arrested for the following offenses. Driving Under the Influence When college students party over spring break, they…
When the prosecution has charged you with drug possession, they must still prove their case beyond a reasonable doubt. The jury would need to consider your own defenses before they voted to convict you of the crime. Here are some ways that you can defend drug charges. Lack of Intent Possession is a crime that requires a showing that…
Certain serious crimes in California are charged as felonies. If the defendant is convicted of the crime, they can expect serious penalties, including jail time and fines. They will also face other collateral consequences of their conviction. There are several options for jail sentences, depending on the severity of the crime. The defendant could receive a low, medium, or…
Nearly everyone can recite almost word-for-word what police say when arresting a suspect after years of watching police shows and Law and Order. However, they may not know why police must say these words and their meaning. These are called Miranda Rights. The name comes from a Supreme Court case that declared these to be a defendant’s constitutional rights….
