Blog Posts in October, 2010
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Posted on Oct 31, 2010 By Christine McGuire
Some crimes can be charged either as an infraction or a misdemeanor . If a crime is charged as a misdemeanor, the judge cannot reduce the crime to an infraction if the prosecutor objects to the ...
Continue reading "Crimes That May Be Charged as Misdemeanors or Infractions" »
Posted on Oct 30, 2010 By Christine McGuire
In a misdemeanor case, after a person has been released by the judge on his promise to appear in court, an arrest warrant may be issued by the judge if the person fails to appear either in person or ...
Continue reading "Failure to Appear in Misdemeanor Case" »
Posted on Oct 29, 2010 By Christine McGuire
Grand jury proceedings are generally secret criminal proceedings. Persons who may be permitted to be present during a grand jury criminal hearing for crimes such as Murder , Manslaughter, Sex Crimes ...
Continue reading "Grand Jury Proceedings" »
Posted on Oct 28, 2010 By Christine McGuire
A suspended driver license means a driver's privilege to drive a vehicle is temporarily withdrawn. A drivers license may be suspended by either the Department of Motor Vehicles also known as the DMV ...
Continue reading "Suspended Driver License" »
Posted on Oct 27, 2010 By Christine McGuire
A person may be eligible for what is called deferred entry of judgment in a drug offense case. The person charged with the drug crime must plead guilty to the crime charged and waive time for entry of ...
Continue reading "Drug Offense Cases and Deferred Entry of Judgment" »
Posted on Oct 26, 2010 By Christine McGuire
There are a number of alternative sentencing programs available for misdemeanor and felony cases. Sheriff's work program, also known as work release or alternative work program, persons sentenced for ...
Continue reading "Alternative Sentencing" »
Posted on Oct 25, 2010 By Christine McGuire
A plea of no contest has the same legal effect in criminal court in a misdemeanor or felony case as a plea of guilty. A no contest plea is different from a guilty plea. Unlike a guilty plea, the ...
Continue reading "No Contest and Guilty Pleas" »
Posted on Oct 24, 2010 By Christine McGuire
Persons who are convicted of crimes may be eligible for probation. The judge has discretion to decide whether a person about to be sentenced is suitable for probation. In a misdemeanor case for ...
Continue reading "Probation and Conditional Sentence " »
Posted on Oct 23, 2010 By Christine McGuire
There are three filed premium rates that bondsmen must charge in the State of California for bail bonds in connection with misdemeanor charges such as DUIs , Domestic Violence and felony charges such ...
Continue reading "What are the Premium Rates for Bail Bonds in California" »
Posted on Oct 22, 2010 By Christine McGuire
A bail bond company will rewrite a bond in some instances. For example, if a person is arrested for a misdemeanor or felony, he or she will be given a court date. On that court date the person may ...
Continue reading "What is a Rewrite Bond and How Does It Work " »
Posted on Oct 21, 2010 By Christine McGuire
A reassumption of liability also known as a reinstatement of liability is a tool that bail agents use in connection with misdemeanor and felony cases to let the judge know that a defendant's absence ...
Continue reading "Reinstatement/Reassumption of Liability and Bail Bonds" »
Posted on Oct 20, 2010 By Christine McGuire
Posting of a bail bond in connection with a misdemeanor or felony criminal case such as DUI, Domestic Violence , Drug Offenses , Sex Crimes and Murder involves a contract guaranteed by a licensed, ...
Continue reading "What is Bail and How Does It Work" »
Posted on Oct 19, 2010 By Christine McGuire
Whenever a misdemeanor or felony criminal complaint is filed with a court but no conviction results, the defendant may petition the court that dismissed the criminal case for a finding of factual ...
Continue reading "Factual Innocence" »
Posted on Oct 18, 2010 By Christine McGuire
When a judge grants probation to a person who has pled to or been found guilty of a f elony criminal offense that can be charged either as a felony or a misdemeanor without imposing sentence, the ...
Continue reading "Reduction of Felony to Misdemeanor" »
Posted on Oct 17, 2010 By Christine McGuire
A prosecutor commences a felony criminal case by filing a complaint in cases such as sex crimes cases, drug offense cases and murder cases. A preliminary hearing must be held before a judge after ...
Continue reading "Felony Case and Preliminary Hearings" »
Posted on Oct 16, 2010 By Christine McGuire
The methods for cleansing misdemeanor and felony arrest and conviction records vary depending on the criminal charge and the disposition of the misdemeanor or felony criminal case. Methods may include ...
Continue reading "Expungements and Filing Fees" »
Posted on Oct 15, 2010 By Christine McGuire
A person accused of a criminal offense has a right under the United States Constitution to be informed of the nature of the accusation or charges and the cause of the accusation or charges. ...
Continue reading "Misdemeanor, Arraignment and Appearance by Counsel " »
Posted on Oct 14, 2010 By Christine McGuire
Pilot/motorists must report alcohol related convictions and administrative actions such as DMV Admin Per Se License Suspensions to the Federal Aviation Adminstration. Examples of reportable ...
Continue reading "DUI and Pilots" »
Posted on Oct 13, 2010 By Christine McGuire
At the time of arrest for driving under the influence / DUI or DUI With Injury , the officer will confiscate the motorist's drivers license. The driver has the right to request a hearing from the ...
Continue reading "Arrest for Driving Under the Influence and Your Drivers License " »
Posted on Oct 12, 2010 By Christine McGuire
There are three kinds of citations where law enforcement or the police can give you a ticket. The first kind is referred to as a parking ticket. Parking tickets are not filed with the court. A parking ...
Continue reading "Citations and Misdemeanors" »
Posted on Oct 11, 2010 By Christine McGuire
A person charged with a felony who is in custody on the felony charge is entitled to a preliminary hearing within ten court days after arraignment or plea on the felony charge. If the preliminary ...
Continue reading "Felony Preliminary Hearings and Time Requirements" »
Posted on Oct 10, 2010 By Christine McGuire
A criminal arrest or conviction may have an effect on a person's business or professional license. In the State of California there are scores of different state agencies that license professions and ...
Continue reading "Criminal Conviction and Professional Licenses" »
Posted on Oct 9, 2010 By Christine McGuire
Ignition Interlock Devices (IIDs) are required to be installed on vehicles owned and operated by motorists convicted of misdemeanor driving on a suspended license due to a previous driving under the ...
Continue reading "DUI and Mandatory Ignition Interlock Devices" »
Posted on Oct 8, 2010 By Christine McGuire
An ignition interlock device also known as an IID is a device slightly larger than a cell phone that is wired to the vehicle's ignition. The IID requires a breath sample before the vehicle's engine ...
Continue reading "Driving Under the Influence and Court- Ordered Ignition Interlock Devices" »
Posted on Oct 7, 2010 By Christine McGuire
Drivers arrested for misdemeanor or felony driving under the influence also known as DUI or DUI With Injury are required by law to submit to a chemical test to determine the alcohol and/or drug ...
Continue reading "Driving Under the Influence, Chemical Tests and Refusals" »
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