It can be an intimidating concept to think you or a loved one will be serving time in a California state prison. The attorney most likely has said that he or she cannot know in advance which prison will be the assigned one, so where are the prisons? How big are they? If you know where a loved one is housed, what is the prison known for or famous for? How many prisoners are there at that prison? Click on the following link to learn more about our many states prisons.
When someone receives an envelope in the mail giving notice that a photographic record exists of his or her car running a red light and stating what the fee is, there is a sense of being violated. There is a natural question that arises of “what if the camera was not properly synchronized to the light?” What if someone else was driving? What if the city failed to give proper notice that such red light cameras would be used to issue tickets? Click on the following link to read about such notice requirements.
If you or someone you know has been arrested or charged with defrauding an innkeeper, you may think the police or the prosecutor has made a mistake. After all, who is an innkeeper? What is the punishment? What are the defenses? Is it s felony or a misdemeanor? Click on the following link to read answers to these questions.
In the age of the Internet, live chat, video conferencing and travel by jet, people are brought closer, at least theoretically. However, the law often lags behind the realities of the present. In the following summary of a reported decision, a man convicted of contacting a minor for purposes of committing sexual penetration challenged his conviction because the minor was 2,000 miles away. Did he have a point? To find out, click on the following link.
Are you or is someone you know being charged with a crime that involves a gang enhancement for purposes of sentencing? The enhancement, provided under Penal Code § 186.22, allows a judge to add five years to the sentence if he or she finds the crime was committed for the benefit of such a gang with the specific intent to benefit or promote the gang. How does such a definition apply in a real case? Click on the link below to find out.
Defrauding an innkeeper, which includes “dine and dash,” is often thought of as an adolescent prank, perhaps even an initiation stunt for a social club at a high school. However, it is theft and it can involve significant lost revenue for a restaurant. But can it be charged as a felony? After all, a felony is a very serious crime – the most serious. To read answers to how defrauding an innkeeper can be charged and why, click on the following link.
We hear about people entering the U.S. illegally using “coyotes” and by boat quite often, as well as simply coming directly through Tijuana, hidden in a car. Can this be kidnapping for ransom if the “mule” or driver, or ship’s captain, demands a fee and then refuses to release the person until payment is made? Click on the following link to find out.
One cannot be DUI on a bike, right? Wrong. The following case summary involved a gentleman who rode his bike to Dodger Stadium for a Dodger game, had a few beers while there and then tried to ride his bike home. It did not work out well. Click on the following link to find out how someone can be legally DUI on a bicycle and what are the common issues in such a case.
A criminal prosecution is not a game with the victor being the most cunning and clever, or the biggest bully. It is also not a contest of finances. Rather, it is supposed to be fair, with full disclosure (due process) of all evidence that each side decides to rely upon in its case. In the following case, the prosecutor held back key evidence. What happened once this was discovered? Click on the following link to find out.
What is a great bodily injury (GBI)? A bruise? If so, how big? Where? A broken arm? A cut? If so, how big and where? How, too, must the conduct relate to the injury? What if someone has a heart attack while reliving a crime and describing it to the police, when this takes place 30 minutes after some crime? The following article addresses this issue. Click on the following link to read more about GBI.