Many clients think that all felonies can be reduced to misdemeanors, perhaps not recognizing that murder is a felony. There are plenty of other very serious crimes that cannot be charged as misdemeanors either. However, many can be charged as either a felony or a misdemeanor (a wobbler). Click on the attached article to read more about wobblers – http://www.greghillassociates.com/lawyer-attorney-1912505.html.
Month: March 2014
Should I Ask for a Bench Trial or Jury Trial?
Clients sometimes feel that a judge is a good listener and maybe even sympathetic to their case. The same client may feel that the judge dislikes a prosecutor. The client then asks if having a bench trial without a jury is a good idea. Other clients insist upon having a jury determine guilt or innocence. Which is better? Click on the attached article to read more – http://www.greghillassociates.com/lawyer-attorney-1940462.html.
How Much Time Will Someone Serve in Jail or Prison?
There are two general determinants of how much time one will serve. First, there are sentencing guidelines, including enhancements, such as the minimum sentence, mid-term and maximum sentence. Second, there are factors such as AB109, jail overcrowding, the age of the person and the type of conviction suffered. Click on the attached article to read more about these factors to better predict when you or your loved one will be released – http://www.greghillassociates.com/lawyer-attorney-1944051.html.
Do Warrants Expire?
Our office has found that there is a general understanding that warrants expire. This is mistaken. The concept of a statute of limitations, or that points fall off one’s DMV record after three years or that one can file for bankruptcy a second time after ten years may cause such a belief that warrants expire. Warrants do not expire. Click on the following link to read more about this – http://www.greghillassociates.com/lawyer-attorney-2010561.html.
What is Disturbing the Peace, Penal Code § 415?
Is this an infraction, a felony or a misdemeanor? Am I going to jail or prison for this? Will it show up on my record? Why does my attorney recommend that I plead no contest to this charge? What is the punishment? Click on the attached article to read answers to these questions – http://www.greghillassociates.com/lawyer-attorney-2017429.html.
What Happens at an Arraignment?
Many people confuse an arraignment on a misdemeanor or a felony with a traffic court case, where the court may make a ruling an impose punishment on the very first court appearance. Other clients expect an arraignment to proceed like what they may have seen on Judge Judy or People’s Court on television. Click on the attached article to clarify what an arraignment is, its purpose and how to approach this hearing: http://www.greghillassociates.com/lawyer-attorney-1852433.html
What is the Statute of Limitation on the Most Serious Sex Offenses?
In some cases, such as murder, there is no statute of limitations due to the severity of the conduct and the societal interest in punishing the perpetrators. The reasoning is that while a suspect has a right to a speedy trial, this right is outweighed by the need for justice to the victim’s family. In certain sex offenses, especially involving minor victims, a similar approach is taken by our legislature, as the following case describes –
Is Ecstasy a Controlled Substance That Can Get One a Criminal Conviction?
When Ecstasy was first being used on a wide basis, perhaps in 1990, its allure was not only its effects, but that it was not illegal. The Health and Safety Code was seen several revisions since ecstasy came out, including several that seem to make it illegal. However, some prosecutors have had trouble obtaining convictions, as the following article explains – http://www.greghillassociates.com/lawyer-attorney-1813290.html.