Archive for the 'Misdemeanor' Category

Can I Be Charged With Criminal Threats Even If I Don’t Live Near The Alleged Victim And Those Threats Were Supposedly Made While I Lived In Another State?

Thursday, December 10th, 2009

You Can Be Charged, And Convicted, Of Criminal Threats Even If You Make Threats From Another State
Criminal threats, under California Penal Code Section 422, Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement,…is to be taken [...]

What if police officers have indiscriminately enforced the law against me?

Sunday, November 22nd, 2009

Is There Anything I Can Do When The Law Has Indiscriminately Enforced Against Me?
A court cannot preclude from the discovery process evidence of discriminatory enforcement of the law against defendants and can be a valid defense in state and federal criminal proceedings. Criminal defendants may obtain a discovery order directing the prosecutor to produce information [...]

Is it necessary to be handcuffed?

Sunday, November 8th, 2009

Generally, handcuffing a suspect during an arrest is allowed when the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee.
Circumstances in which handcuffing is considered necessary include when: (1) the suspect is uncooperative; (2) the officer has information the suspect is currently armed; (3) the [...]

What if I’m facing a misdemeanor drunk in public charge?

Friday, November 6th, 2009

Intoxicated in a Public Place?
A person may not be convicted of being drunk in public based on a police officer’s order that the person come out to a public place or if the person agrees to a police request and willingly enters a public place.
California Penal Code section 647(f) penalizes as a misdemeanor a person [...]