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What is a Misdemeanor?
A misdemeanor is a less severe crime than a felony, punishable by up to one year in county jail and fines, with potential long-term consequences like affecting employment and housing opportunities. Have you ever wondered about the differences between a misdemeanor and a felony? You’re not alone. The differences between these two crime classifications greatly… read more
Read MoreWhat is a Plea Deal?
A plea deal is an agreement between a prosecutor and a defendant to resolve a criminal case. In a plea deal, the defendant agrees to give up their right to a trial and accept responsibility for their charge by pleading guilty or no contest. In exchange, the prosecutor will dismiss certain charges, reduce certain charges, or agree… read more
Read MoreWhat is a Wobbler?
What is a Wobbler? Under California law, a wobbler is a crime that prosecutors can charge either as a felony or a misdemeanor. Usually, the prosecutor has the discretion of choosing, although sometimes judges may as well. In certain instances, a defendant convicted of a wobbler felony may file a petition to change the conviction… read more
Read MoreWhat Is an Affirmative Defense?
An affirmative defense is when a defendant admits to the facts of a crime but presents a legal justification, like duress or entrapment, to avoid liability. The defendant must provide evidence to prove this defense, which can excuse them from criminal responsibility. If you are charged with a criminal offense, the first step to defending… read more
Read MoreWhat Is Criminal Trespass?
Criminal trespass is a serious offense involving unauthorized entry onto someone else’s property or a restricted area. This violation of the law can result in severe consequences, including fines and imprisonment. Understanding criminal trespass laws and regulations will be crucial to avoid any unwanted legal issues. If you find yourself facing charges, consulting a skilled… read more
Read MoreWhat is Diversion and Intervention in Lieu of Conviction?
Diversion and intervention in lieu of conviction allow eligible defendants to avoid a conviction by completing a rehabilitation program, typically for non-violent misdemeanors. Eligibility is based on criteria like no recent felony convictions and the nature of the offense. Do you need help understanding what diversion and intervention in lieu of conviction is? This article… read more
Read MoreWhat is Early Termination of Probation?
Termination of probation allows a judge to end probation early due to good conduct and reform. However, obtaining early termination can be challenging and requires a strong legal argument. If you are sentenced to probation in California, you may qualify for early termination. There are many benefits of obtaining early termination and no harm in… read more
Read MoreWhat Is Exoneration?
Exoneration officially absolves an individual from blame and serves as a form of vindication, removing all penalties and restoring their rights. A successful exoneration sets aside all legal penalties associated with a criminal conviction and restores the rights of that person. So how does someone get exonerated? A skilled criminal defense attorney from The Rodriguez… read more
Read MoreWhat is Pre-Trial Diversion?
Pre-trial diversion is a plea agreement between a prosecutor and criminal defendant that allows the defendant to maintain a clean record. When someone is facing a criminal charge, there are usually two main things that they are worried about: ending up with a criminal record and being sent to jail. In specific cases, pre-trial diversion… read more
Read MoreWhat is Probable Cause?
A probable cause is a reasonable belief, based on specific facts, that someone has committed, is committing, or is about to commit a crime. The term “probable cause” is often misunderstood. Police officers look for probable cause to make an arrest or conduct a search of someone engaged in illegal activity. A police officer has… read more
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