Criminal procedure & trial evidence answers
Court procedure, trial evidence, police questioning, searches and other criminal case questions.
Answers 1 to 55 of 326
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Accused of violating federal probation? What happens next?
Received a federal probation violation notice? Learn how to compare the written condition and allegation, prepare for Rule 32.1 hearings, and understand possible responses.
Read answer Criminal procedure & trial evidenceLegal answerBefore a California Sex-Case Plea, Will This Conviction Require Registration?
Review the exact proposed conviction, offense date, mandatory registration rule, possible court order and plea record before accepting a California sex-case offer.
Read answer Criminal procedure & trial evidenceLegal answerCalifornia criminal courthouse and jail guides by county
Every California criminal courthouse and jail guide on this site, by county, plus the official tools for finding a court case or someone in custody.
Read answer Criminal procedure & trial evidenceLegal answerCan a California court sentence me if I am not there?
Felony sentencing usually requires your presence, but Penal Code 1193 has court-approved request and limited diligence exceptions. Misdemeanor judgments differ.
Read answer Criminal procedure & trial evidenceLegal answerCan a California defendant be shackled in front of a jury?
Visible shackles require a defendant-specific courtroom security justification. Learn what counsel can ask the judge to decide and record.
Read answer Criminal procedure & trial evidenceLegal answerCan a California defendant seek discovery under the Racial Justice Act?
California's Racial Justice Act permits focused discovery on a potential bias claim. Learn the good-cause standard, case records, and separate claim procedures.
Read answer Criminal procedure & trial evidenceLegal answerCan a California felony trial continue if I am removed from court?
A warned defendant who keeps disrupting a felony trial may be removed, but can return when willing to follow courtroom rules. See California’s conditions.
Read answer Criminal procedure & trial evidenceLegal answerCan a California felony witness be compelled to testify after claiming self-incrimination?
Penal Code 1324 allows a prosecutor to request a court order compelling a felony witness’s testimony, with specific use-immunity limits.
Read answer Criminal procedure & trial evidenceLegal answerCan a California judge acquit me before the jury decides?
Penal Code 1118.1 lets a judge acquit on an unsupported charge before jury submission. Learn when the motion is made and what evidence counts.
Read answer Criminal procedure & trial evidenceLegal answerCan a California jury take admitted papers into the jury room?
Penal Code 1137 addresses which admitted papers, written instructions and jurors' own notes may accompany a California jury during deliberations.
Read answer Criminal procedure & trial evidenceLegal answerCan a child witness testify by closed-circuit video in a California sex-crime case?
Penal Code 1347 allows child closed-circuit testimony only after specific court findings. Learn the age, notice, cross-examination and recording safeguards.
Read answer Criminal procedure & trial evidenceLegal answerCan a child’s earlier statement be used in a California abuse trial?
Under section1360, a child’s earlier abuse statement requires a reliability hearing, advance notice, and the applicable testimony or corroboration showing.
Read answer Criminal procedure & trial evidenceLegal answerCan a coconspirator’s statement be used against me at trial?
A collaborator’s statement is not automatically evidence against you. California law requires a conspiracy foundation, proper timing, and furtherance.
Read answer Criminal procedure & trial evidenceLegal answerCan a CSAAS expert prove child molestation in a California trial?
A CSAAS expert may explain behavior such as delayed reporting, but cannot establish that abuse occurred. See how California limits the testimony and jury use.
Read answer Criminal procedure & trial evidenceLegal answerCan a dog owner be criminally charged if their dog kills or seriously injures someone?
Whether a California dog owner faces criminal charges under Penal Code 399 and 399.5 when a dog kills or injures someone, and what prosecutors must prove.
Read answer Criminal procedure & trial evidenceLegal answerCan a Felon Become a CPA in California?
A felony does not automatically bar California CPA licensure. Check the offense, applicant review, existing-license reporting and Board process.
Read answer Criminal procedure & trial evidenceLegal answerCan a Felony Keep You from Becoming a California Lawyer?
A felony does not automatically bar California Bar admission. Learn how pending cases, pleas, diversion, and dismissed convictions may affect disclosure before a plea.
Read answer Criminal procedure & trial evidenceLegal answerCan a felony preliminary hearing proceed during a competency inquiry?
Penal Code 1368.1 permits a limited felony preliminary hearing or specified motions during a competency pause. The route depends on who requests it.
Read answer Criminal procedure & trial evidenceLegal answerCan a Felony Stop You From Becoming a California Tax Preparer?
A felony does not automatically bar CTEC registration. Learn how related convictions, background disclosures, an IRS PTIN, and proposed pleas differ.
Read answer Criminal procedure & trial evidenceLegal answerCan a jury hear a non-testifying codefendant's confession in a joint California trial?
A codefendant's confession is not automatically usable against everyone at a joint trial. Learn when wording, redaction, and testimonial status matter.
Read answer Criminal procedure & trial evidenceLegal answerCan a jury hear preliminary-hearing testimony if a witness misses trial?
A missing witness’s prior sworn testimony is not automatically read to a California jury. Unavailability, diligence and the earlier cross-examination matter.
Read answer Criminal procedure & trial evidenceLegal answerCan a minor be charged with a crime just for being inside a bar?
California can charge a minor, and the bar, just for the minor being inside certain licensed premises without a lawful reason. See when this applies.
Read answer Criminal procedure & trial evidenceLegal answerCan a minor get in trouble for riding in a car with unopened alcohol?
California bars anyone under 21 from having alcohol in a vehicle, open or not. See the exceptions, fine, impound, and license consequences.
Read answer Criminal procedure & trial evidenceLegal answerCan a misleading ad be a crime in California even if no one bought anything?
A misleading public ad can be a California misdemeanor even without a completed sale. The statement, purpose, and reasonable-care knowledge standard matter.
Read answer Criminal procedure & trial evidenceLegal answerCan a Nurse Lose a License for Domestic Violence in California?
A California RN's DV charge does not by itself decide BRN discipline. Conviction reporting, the offense, nursing-related conduct and Board process matter before a plea.
Read answer Criminal procedure & trial evidenceLegal answerCan a past false sex-assault complaint be used at trial?
A demonstrably false earlier complaint may bear on credibility, but the court can exclude weak proof or a distracting side trial.
Read answer Criminal procedure & trial evidenceLegal answerCan a probation officer pull you over in California?
California probation officers have limited duty-related authority. Check the basis for a vehicle stop, any search term, and a later probation rearrest separately.
Read answer Criminal procedure & trial evidenceLegal answerCan a prohibited person be charged just for having ammunition in California?
Penal Code 30305 lets California charge a felon, certain misdemeanants, or others barred from guns with possessing ammunition alone, no firearm needed.
Read answer Criminal procedure & trial evidenceLegal answerCan a Prosecutor Withdraw a Plea Bargain in California?
A prosecutor may retract an offer before a court-approved plea, absent detrimental reliance. An accepted plea raises different enforcement and remedy questions.
Read answer Criminal procedure & trial evidenceLegal answerCan a public employer force me to answer questions that could lead to criminal charges?
A public employee's compelled workplace answers raise Garrity protections, but silence can have job consequences. See how the interview and warning differ from a criminal inquiry.
Read answer Criminal procedure & trial evidenceLegal answerCan a publicized California criminal trial move to another county?
Learn when Penal Code section 1033 permits a criminal trial to move counties because a fair local jury is unlikely, and what evidence matters.
Read answer Criminal procedure & trial evidenceLegal answerCan a Registered Sex Offender Live Near a School in California?
A California school-adjacent residence depends on parole or probation terms, a narrow high-risk parole rule, the exact address and any local ordinance.
Read answer Criminal procedure & trial evidenceLegal answerCan a seriously ill California prisoner request compassionate release?
Penal Code 1172.2 allows a prisoner or family member to request medical recall consideration; eligibility, department referral and court hearing are separate steps.
Read answer Criminal procedure & trial evidenceLegal answerCan a speeding ticket be charged as reckless driving in California?
California treats speeding and reckless driving as different charges. See why speed alone does not prove reckless driving under Vehicle Code 23103.
Read answer Criminal procedure & trial evidenceLegal answerCan a victim’s fear statement prove what I did in a California case?
A California fear statement may show the speaker’s state of mind or explain conduct, but it does not automatically prove an accused person committed the feared act.
Read answer Criminal procedure & trial evidenceLegal answerCan an earlier witness note be used when the witness cannot remember at trial?
When can a California jury hear a witness’s earlier note after memory fails? See Evidence Code §1237’s foundation and how refreshing under §771 differs.
Read answer Criminal procedure & trial evidenceLegal answerCan an indigent defendant get a defense expert paid for in a noncapital California case?
Indigent defendants may request necessary expert help in noncapital cases. Learn the need showing, Kings County prior approval, and confidentiality limits.
Read answer Criminal procedure & trial evidenceLegal answerCan an old sex-offense allegation be used against me in a new California case?
California Evidence Code 1108 can allow prior sex-offense evidence, subject to statutory scope, disclosure and prejudice limits. See what to check.
Read answer Criminal procedure & trial evidenceLegal answerCan California punish multiple counts based on one act?
Penal Code 654 can bar separate punishment for counts based on one act. See what the court compares, when terms are stayed, and key exceptions.
Read answer Criminal procedure & trial evidenceLegal answerCan California restitution include losses outside my convicted charge?
Restitution tied to a conviction and restitution imposed as a probation condition have different scope. Learn what records to compare before disputing an amount.
Read answer Criminal procedure & trial evidenceLegal answerCan defense counsel obtain jurors' contact information after a verdict?
Trial jurors’ identifying information is sealed after a California criminal verdict. Learn when a court may consider a petition for limited access.
Read answer Criminal procedure & trial evidenceLegal answerCan family members attend a California juvenile delinquency hearing?
Juvenile hearings are generally closed to the public, with specific exceptions. Family attendance depends on the person's role, the allegations and the court's ruling.
Read answer Criminal procedure & trial evidenceLegal answerCan filing a false deed be a felony even if no one lost money?
Penal Code 115 may cover a knowing false or forged recordable instrument. A later order voiding it requires a separate prosecutor motion and hearing.
Read answer Criminal procedure & trial evidenceLegal answerCan furnishing alcohol to a minor lead to more serious charges in California?
When furnishing alcohol to a minor becomes more serious in California: great bodily injury or death, a parent's at-home crash offense, and Penal Code 272.
Read answer Criminal procedure & trial evidenceLegal answerCan I add evidence when renewing a suppression motion after the preliminary hearing?
A post-preliminary-hearing felony suppression motion has record limits. Penal Code 1538.5(i) permits new evidence only under specified conditions.
Read answer Criminal procedure & trial evidenceLegal answerCan I Ask for a New Trial After a Federal Guilty Verdict?
After a federal guilty verdict, Rule 33 has different deadlines for newly discovered evidence and other grounds. Learn which papers and dates matter.
Read answer Criminal procedure & trial evidenceLegal answerCan I ask for a new trial after a guilty verdict in California?
California Penal Code section 1181 lists the grounds for a new trial after a guilty verdict. Learn what record to gather and why the sentencing calendar matters.
Read answer Criminal procedure & trial evidenceLegal answerCan I ask to represent myself in a California criminal trial?
Learn how to request self-representation in a California criminal trial, why timing and a knowing waiver matter, and when a judge may deny the request.
Read answer Criminal procedure & trial evidenceLegal answerCan I be arrested for buying alcohol for a minor who asked me outside a store?
Buying alcohol for a minor outside a store is furnishing under California law, and ABC shoulder tap stings arrest the adults who do it. Elements and penalty.
Read answer Criminal procedure & trial evidenceLegal answerCan I be arrested for entering a closed wildfire or disaster area in California?
Penal Code 409.5 makes it a misdemeanor to enter a closed disaster area and stay after being told to leave, a separate offense from looting.
Read answer Criminal procedure & trial evidenceLegal answerCan I be charged for coming onto a school campus after being told to leave?
Returning to a California school after being told to leave can be a crime under Penal Code 626.8 or, at public schools, 627.7. What each requires.
Read answer Criminal procedure & trial evidenceLegal answerCan I be charged for helping someone after they committed a crime?
Hiding someone after a felony can make you an accessory under Penal Code 32. Destroying evidence, lying to police or pressuring a witness can be crimes too.
Read answer Criminal procedure & trial evidenceLegal answerCan I be charged if I lend my car to someone with a suspended license?
California's owner duty before lending a car (Vehicle Code 14604), when a violation is a misdemeanor, and the separate 30-day impound risk to your car.
Read answer Criminal procedure & trial evidenceLegal answerCan I be charged with a crime for leaving my dog or cat in a hot car?
How California charges leaving a pet in a hot car under Penal Code 597.7, the penalty tiers, and the exact steps that protect a good-faith rescuer.
Read answer Criminal procedure & trial evidenceLegal answerCan I be charged with hit and run if I did not know I hit something?
Not noticing a collision is not an automatic defense to hit and run in California. What the prosecution must prove you knew, and how it is shown.
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