08th June 2006
Hit and Run
Hit and run is generally defined as a criminal act. It is the failure of a driver of a vehicle, involved in a collision, to stop and give their name, license number, and other information to the injured party, a witness, or law enforcement...
08th June 2006
Intro: Violent Crimes
Crimes of violence vary in terms of their classification and their punishment. They may be misdemeanors, felonies, or wobblers. Misdemeanors are those crimes which are only punishable by a fine and/or imprisonment in the county...
08th June 2006
Kidnapping
The felony crime of kidnapping is generally defined as the taking of a person against their will, or from the control of a parent or guardian through violence, force, threat, or intimidation. The act of kidnapping often involves other cri...
08th June 2006
Mayhem
A person can be convicted of mayhem, assault with intent to commit mayhem, or aggravated mayhem.
Mayhem
Mayhem is defined in California Penal Code Section 203, which reads:
"Every person who unlawfully and maliciously deprives a human...
08th June 2006
White Collar Crime
White Collar Crime
The term "white collar crime" is generally used to describe crimes involving cheating or dishonesty. Although there is no fixed definition of white collar crime, there are a number of nonviolent crimes typically g...
07th June 2006
Vandalism
California law makes it a crime to deface, damage, or destroy the real or personal property belonging to another person. The crime is termed "vandalism," which is a misdemeanor, unless the monetary damage is great, and then it is a felony. ...
07th June 2006
Recklessly Causing Fire
Recklessly causing a fire is defined by California Penal Code Section 452 which states, "A person is guilty of unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest la...
07th June 2006
Intro
Property damage is punishable under the law by fines, imprisonment, and community service. Property damage means many things, from scrawling graffiti on a park bench, hitting something with your car, to causing a fire which damages property. Pr...
07th June 2006
Hit and Run: Property Damage
Hit and run is generally defined as a criminal act. Where the collision is with property only, such as another vehicle with no occupants, the driver must leave information attached to the damaged property, as well as ma...
07th June 2006
Arson
Arson is considered a general intent crime. This means that the defendant need not have intended the specific results, namely the burning of a structure, forest land, or property. What matters are the actions that the defendant undertook that...
07th June 2006
Plea Bargaining:
How do the following differ from a DUI:
Wet Reckless, Dry Reckless, Exhibition of Speed
The prosecutor and defense counsel can agree to a lower charged offense, as a result of what is known as "plea bargaining." Plea bargaining u...
07th June 2006
Plea Bargaining:
When is a DUI a felony?
How many theories are there to make a DUI a felony, what are requirements?
What are the potential sentences for each?
What is a wobbler, and how does it relate to felony DUI cases based on accidents? Prior Con...
07th June 2006
Plea Bargains:
What are the factors or special allegations that will increase a person's exposure to jail time/harsher punishment in a misdemeanor case?
There are a number of factors or special allegations that will increase a person's exposure to har...
07th June 2006
Jury Instructions
Jury instructions are the judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Although the court has discretion to give instructions a...
07th June 2006
Investigation of DUI Cases:
What are the SFST's?
How do CA courts deal with FST's that are not performed in accordance with NHTSA?
The National Highway Traffic and Safety Administration (NHTSA) has done extensive studies of field sobriety testing (FS...
