Category: blog
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What is a “Franks Motion” and Hearing?
The 4th Amendment of the U.S. Constitution protects you from illegal search and seizure. If law enforcers believe you used a property to commit an offense, they can obtain a search warrant from a judge. The warrant allows the police to search you or the property for evidence associated with the criminal activity and seize…
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How Long Does a Felony Stay on Your Record in California?
If you are under arrest or investigation as a suspect in a felony case, it is natural to worry about the offense’s impact on your life. Before even the prosecution process begins, you could wonder how long a conviction for a felony will remain on your criminal record. Generally speaking, a conviction for any felony…
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Difference Between Murder and Homicide in California – Is There One?
Whether on TV, in the news, or even in casual conversations, we frequently hear the terms “homicide” and “murder” used interchangeably. While these two crimes are closely related because they involve the killing of another person, they hold different meanings in the Penal Code that make a significant difference in the sentence you could face…
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Can a Felon Own a Gun in California?
Unfortunately, a conviction for certain crimes carries long-term consequences beyond jail time and fines. In addition to affecting your employment opportunities and eligibility to acquire a practice license, a criminal conviction history could strip you of your gun rights, especially if the offense you have on your record is a felony. A felony conviction typically…
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What Felonies Cannot Be Expunged?
Expungement is a legal tool you can use after a conviction to erase the conviction record from your criminal record. Since these records are usually publicly available, erasing a sentence makes it unavailable for anyone running a background check on you. People who treat others according to their criminal past will not have anything to…
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Is It True That Shoplifting Can Be A Felony?
According to Penal Code 459.5 PC, shoplifting involves entering a commercial establishment intending to steal property worth $950 or less during working hours. Courts often charge shoplifting as a misdemeanor in California. However, if an individual is accused of shoplifting, the presence of some factors can significantly enhance the severity of the crime, escalating it…
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Falsely Accused of a Sex Crime – What Do I Do Next?
A false allegation of committing a sex crime is one of the most serious claims anyone can make against you. If someone has falsely accused you of committing this offense, you should treat the accusations with seriousness, even if you know you are innocent. The consequences of such charges are harsh. For example, a criminal…
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Petty Theft vs Grand Theft in California – The Difference?
Theft laws in California classify crimes depending on the monetary value of stolen property and the surrounding circumstances. These laws mainly categorize theft into petty and grand theft, with specific penalties and legal definitions. Knowing these differences is helpful for anyone facing theft charges as it affects the severity of the charges. It can also…
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What is the Statute of Limitations For Hit & Run in California?
A hit-and-run in California occurs when you are involved in an accident while driving, and you flee the scene without waiting for the police, offering assistance to the injured persons, or leaving your contact details. The law requires drivers to stop and wait for the police if they are involved in an accident, even if…
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How Do I Convince the Prosecutor to Drop My Charges?
Being under arrest or charged with a crime can be a confusing and overwhelming experience for anyone. However, you do not have to worry since you are presumed innocent until proven guilty. Figuring out how to have the alleged charges dropped by the prosecutor before the trial should be your priority. That is where the…