Archives for December 2017

Criminal Court 101: Basic Fundamentals of Criminal Court

If you have been charged with a crime in California for the first time, you probably have a lot of questions. This article will help you understand the basic rules for the criminal court system.

What is the difference between criminal court and civil court?

Criminal court – criminal charges are brought by either the federal government, state government, or city against you with the allegation that you have violated a law. If the defendant is found guilty, the judge can impose a sentence that includes fines, jail/prison, or other restrictions or requirements.
Civil court – this occurs when one party (for example, a person, business or organization) has a claim against another party and requests the court to decide the question. A person will not go to jail or prison for a civil case.

What types of criminal offenses are there?

Infractions – this is the lower violation in terms of seriousness, and it is something like a traffic violation. The punishment is usually a fine.

Misdemeanors – this is more serious than an infraction. The jail time can be 6 months or a year and the fine can be up to $1000 typically.

Examples include DUI, petty theft, vandalism

Felonies – these are the most serious. Punishments can include fines, jail, prison, or even the death penalty in very rare cases.

What is the difference between the state system and the federal system?

Type of crime – there are federal laws and state laws, but in some cases, one crime could qualify as either federal or state.

Procedures – there are different procedures in the federal system vs. the state system, for example in the procedures for charging a defendant and for sentencing

Courtroom/judges – the courtroom and judges are different for federal vs. state

Do I need an attorney?

You have a right to represent yourself, so you are not required to have an attorney.

An attorney is trained in the rules and procedures of the court, and typically that information will be advantageous to your case.

Conventional wisdom is that there are advantages to having someone represent you besides just the knowledge. Most attorneys, if they are charged with a serious offense, will even hire someone to represent them. A person who is outside the situation is often less emotionally invested and has the impartiality to see angles and arguments that someone who is under the stress of the case may not be able to discern as easily.

Filed Under: Criminal Law, Fairfield Lawyer

4 Things You Didn’t Know About Shoplifting and Theft In California

If you have been charged with a crime in the theft category, you may have some questions about shoplifting or theft. This article addresses some common questions.

Is it a crime if you didn’t leave the store? Yes it can be. You can still be convicted of a crime, if you took something but didn’t leave the store. If you look at the elements below, you will notice that the prosecutor doesn’t have to prove that you moved the item out of the store. Still, the prosecutor must prove that you had intent, so that’s one area that can be attacked in the prosecution’s case if, for example, you intended to pay for the item but put it in a pocket or a purse without thinking.

What does the prosecution have to prove to convict me of petty theft? The summary below will show you the general elements of petty theft:

taking possession of property owned by someone else

without the owner’s consent

with the intent to remove it from the owner’s possession

moving it, and keep it for a period of time

value of property is $950 or less.

What does the prosecution have to prove to convict me of shoplifting? The summary below will show you the general elements of petty theft:

entering a commercial establishment (for example, a store)

while the establishment is open during regular business hours

with the intent to steal items worth less than $950

How can you fight a theft charge?

Lack of intent – You can show that you had no intent to steal the item. For example, if you purchased many expensive items and forgot to pay for the milk that was at the bottom of the cart, then those factors would indicate that not paying for the milk was an oversight rather than an intentional taking.

Accident/Mistake– This defense also attacks the intent element by showing that you were unaware of the item or that it was a mistake. For example, if a child or friend put the item in your pocket without your knowledge, you could claim that it was a mistake. Or, if you thought the item had been previously purchased by a family member or friend, then that could show a valid accident or mistake.

Belief the property belonged to you – This defense is also a subset of lack of intent and can be used when you believed that the property was yours and not someone else’s property.

Consent from the owner – If the owner said or did something that made you believe that they consented to your use or taking of the property, then this is also a defense.

Filed Under: Legal Advice, Vacaville Attorney, Vacaville Lawyer

5 Things You Should Know About Domestic Violence

If you are facing domestic violence charges or if you are a victim or a witness in a domestic violence case, you may have some basic questions.

Can the victim “drop the charges”? No, in a criminal case the victim is not the person bringing the charges. In a civil suit, the plaintiff can choose to dismiss the case. In a criminal case, the charges are brought by prosecutor, and the judge has the power to dismiss the case. The prosecutor has to have enough evidence to be able to convict the defendant, so the victim’s testimony may have an impact on the prosecutor’s ability to convict. However, in many domestic violence cases, the prosecution has pictures, statements from the victim which may be admissible due to the particular circumstances, or other types of evidence that can be used in spite of a victim’s reluctance.

Do the defendant and the victim have to be married for the crime to count as domestic violence? No, the defendant and the victim just have to be in an intimate relationship (which includes but is not limited to marriage). For example, domestic partners, currently or previously dating, living or lived together, have a child together can all qualify as an intimate relationship for a domestic violence charge.

Is domestic violence a felony or a misdemeanor level crime? Each case is unique and the prosecutor determines the charges. There are multiple different types of specific crimes relating to domestic violence. In general, the extent of injury involved is one factor the prosecutor uses in determining how to charge, and the second factor is previous criminal convictions.

Are there any possible defenses to a domestic violence charge? Yes, there are many potential defenses, and you should seek legal advice on the facts of your specific case. Self-defense is one common defense, where the defendant claims that he/she reasonably perceived an imminent threat, had a proportional response and was not the initial aggressor. False allegations for manipulating child custody or divorce proceedings. Here, the defendant shows that the witness has a motive to lie about facts, and did in fact lie about them. Another tactic for winning these types of cases is to attack the level of proof presented. The prosecutor must prove the crime beyond reasonable doubt and many domestic violence cases leave room for significant doubt about what was said and done. Another common defense is to show that the conduct was not willful, in the instances where a true accident occurred.

Is a domestic violence allegation a big deal? Yes, it can be, and it’s likely that you are going to want to hire an attorney to vigorously defend you. Fines can be up to $6,000, and on rare occasions with enhancements even higher. Penalties can include up to a year of jail for misdemeanors and several years for felonies. Convictions can have consequences for your career as well, so it’s important to take a domestic violence allegation seriously.

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law

Criminal Law Basics: How Does the Criminal Law System Work?

If you are facing a criminal charge, you may be wondering how the criminal law system works. This article will walk you through the main steps in a typical criminal case.

Arrest and Jail. The typical start of a criminal case is the arrest by the police.

From there, there are three main scenarios:

1) the defendant can be released from jail if the prosecutor decides to drop the case,

2) the defendant posts bail/bond, and is released with the promise to appear,

3) the defendant stays in jail.

Charging. The police write a report. The prosecutor reviews the report and has discretion to decide whether or not to file charges and which ones. Charges are typically filed within 48 hours of the arrest if the defendant is in custody.

Arraignment. This is the defendant’s first appearance in court to find out what the charges are and to enter a plea, which is very often “Not Guilty.” Even if you think you are guilty, it is often advisable to enter a “Not Guilty” plea at this stage of the process. After the plea is entered, the judge will either release the defendant on his or her own recognizance, or set bail for the defendant’s release, or require that he or she stay in jail.

Pre-trial. In the interim before the trial, there can be additional hearings. For example, in felony cases, a preliminary hearing is held, where the judge makes sure that there is enough evidence for the case to continue. In some cases, the defendant will concede that sufficient evidence exists, and waive the preliminary hearing. This pre-trial time is the time for discovery, which is when the prosecution and defense can exchange documents. During this time, the defense attorney will research the facts in more detail. Motions can also be filed. For example, a Motion to Suppress alleges that evidence should not be admitted (or heard by the jury), because the defendant’s rights were violated in the process of getting that evidence.

Trial. A defendant is presumed innocent, so the purpose of the trial is for the prosecution to present the evidence that shows beyond reasonable doubt that the defendant committed the crime. Each crime has specific elements that the prosecution must prove. The trial must occur within a certain time period of the Arraignment.

Appeals. If the verdict is guilty, the defendant may have the right to appeal. The appeal must be filed within a certain time period, so a defendant should consult with his or her attorney immediately if an appeal is desired.

Sentencing. If the verdict is guilty and an appeal is not sought, the next step is sentencing, where the judge imposes the punishment, which is typically involves fines, counseling, incarceration in jail or prison.

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer