California New Trial Motion versus Criminal Appeal
In California, there is a difference between a motion for a new trial versus an appeal. Though both types of relief can encompass the same issues, they take place before different courts. For example, a new trial motion is litigated before the trial judge whereas an appeal is litigating before the appellate court. A motion […]
The Initial Appearance in Federal Court on Criminal Cases
When you have been arrested or taken into custody by federal agents, ordinarily you appear in court within a few hours. Moreover, agents typically arrest in the morning where you are arraigned in court that same afternoon. The initial appearance is one of the most important hearings in a criminal case. The initial appearance (also […]
California PC 422(a) Reduction to Misdemeanor & Expungement
In California, conveying a criminal threat is a wobbler making it charged as either a misdemeanor or felony. It’s codified under penal code 422(a) pc and conviction carries lasting consequences including a life-time ban to owning a firearm. Furthermore, if you were convicted of felony criminal threat, then the strike attaches even if you subsequently […]
Examples of Making a “Criminal Threat” – California PC 422(a)
Conveying a criminal threat is codified under California penal code 422(a) pc. What constitutes a criminal threat has been the subject in the appellate courts for years. Unfortunately, there is no precise way to determine a threat since it’s based on the “surrounding circumstances.” However, below are twelve (12) examples of making a criminal threat […]
Newport Beach Perjury Attorney – Penal Code 118 PC
Have you been arrested or accused of committing perjury? If so, retaining a reputable and experienced Newport Beach perjury attorney can be one of the most important decisions you make. Lying under oath can lead to serious consequences. The prosecution will waste no time in building a case against you. Therefore, you must act sooner […]
Newport Beach Robbery Defense Attorney
Robbery is an inherently violent felony codified under penal code 211. The statute makes it a crime to take property from another by the use of force or fear. A conviction carries up to 5 or 9 years in state prison – depending upon whether you’re convicted of first or second degree robbery. Additionally, special […]
California “Mortgage Fraud” Laws – Penal Code 532f PC
Mortgage fraud, also known as real estate fraud, is charged under penal code 532f pc. This prohibition applies to all lenders and borrowers, as well as all other persons involved in the mortgage origination process. It is not restricted to residential loan transactions; it can include commercial and other types of credit. The prohibition is […]
California “Oral Copulation” Laws – Penal Code 288a PC
Codified under penal code 288a pc,[1] oral copulation is a serious sex crime offense that carries life-altering consequences if convicted. It is the act of copulating one person’s mouth with the sexual organ or anus of another. It does not require any actual penetration of the mouth or sexual organ.[2] Ordinarily, this offense can be […]
