Criminal procedure & trial evidence answers, page 4
Court procedure, trial evidence, police questioning, searches and other criminal case questions.
Answers 166 to 220 of 326
Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.
How does LACourtConnect work for a Los Angeles County criminal case?
How to check in on LACourtConnect for a Los Angeles County criminal hearing, which courthouses moved to it in 2025, and what it does not decide.
Read answer Criminal procedure & trial evidenceLegal answerHow does Los Angeles County's Own Recognizance Program investigate a felony defendant?
How LA County Probation's Own Recognizance Program checks a felony defendant's background for the court, what state law requires, and what OR demands.
Read answer Criminal procedure & trial evidenceLegal answerHow does Riverside County decide whether I can be cited and released instead of posting bail?
How Riverside County's October 2025 bail schedule sorts charges into cite and release, book and release, or scheduled bail, and what changes the category.
Read answer Criminal procedure & trial evidenceLegal answerHow does Ventura County handle criminal arraignments and collaborative courts?
How Ventura County sets a first criminal court date, the 2026 in-person VN279 calendaring rule, and which collaborative court programs a case may fit.
Read answer Criminal procedure & trial evidenceLegal answerHow is sextortion charged in California?
Sextortion is usually charged as extortion under Penal Code 518, since California law counts sexual images demanded under threat as consideration.
Read answer Criminal procedure & trial evidenceLegal answerHow Long Can a California Jail Hold Someone Awaiting Extradition?
A California extradition hold depends on the signed commitment, possible recommitment, Governor's warrant, waiver and any separate local custody order.
Read answer Criminal procedure & trial evidenceLegal answerHow long can police hold you without charges in California?
Compare California's first-appearance clock with the separate warrantless-arrest probable-cause rule, and check custody, release, and court records.
Read answer Criminal procedure & trial evidenceLegal answerHow long can police keep my phone during an investigation?
Police do not have one universal deadline to return every seized phone. Learn what the receipt, warrant, case status, and agency can tell you about a return request.
Read answer Criminal procedure & trial evidenceLegal answerHow long can you be held on a California probation violation?
California has no universal pre-hearing custody day limit for an adult probationer. Check the custody order, release findings, hearing record, and any separate charge.
Read answer Criminal procedure & trial evidenceLegal answerHow long do California prosecutors have to file charges for each type of offense?
California's charge deadline depends on the offense: three years for most felonies, six if punishable by eight years or more, and one for most misdemeanors.
Read answer Criminal procedure & trial evidenceLegal answerHow much does a criminal defense lawyer cost in California?
California defense lawyers charge flat or hourly fees, never contingency fees. What drives the price, what the fee excludes, and the rules that protect you.
Read answer Criminal procedure & trial evidenceLegal answerHow much jail or prison time can felony reckless evading carry in California?
See the distinct prison, misdemeanor jail and probation possibilities for California reckless evading under Vehicle Code section 2800.2.
Read answer Criminal procedure & trial evidenceLegal answerI May Have Said Something False to a Federal Agent. What Should I Do Now?
Worried about something you already told a federal agent? Preserve the original account and review truth, intent, materiality and federal jurisdiction with counsel before responding again.
Read answer Criminal procedure & trial evidenceLegal answerIf a minor calls 911 for alcohol poisoning, can they be prosecuted for drinking?
California gives a minor 911 immunity for alcohol emergencies under exact conditions. See what Business and Professions Code 25667 covers and excludes.
Read answer Criminal procedure & trial evidenceLegal answerIf I'm released once I'm sober without being charged, is that still an arrest on my record?
Released once sober after a California public intoxication arrest, with no charges filed? Penal Code 851.6 says your record must call it a detention.
Read answer Criminal procedure & trial evidenceLegal answerIs "sideshow" a real legal term in California, and can it add a license suspension?
California law defines "sideshow." A court's power to suspend a license for an exhibition of speed at a sideshow starts January 1, 2029, not before.
Read answer Criminal procedure & trial evidenceLegal answerIs a Brady list public record in California?
California has no automatic public Brady-list lookup. An internal list, a case-specific Brady alert and public officer records are different; review the officer and disclosure with counsel.
Read answer Criminal procedure & trial evidenceLegal answerIs a false bomb threat at a school a felony in California?
A knowingly false bomb report, including one about a school, is a wobbler under Penal Code 148.1 and can be charged as a felony even if no bomb existed.
Read answer Criminal procedure & trial evidenceLegal answerIs a polygraph admissible in a California criminal case?
California generally excludes polygraph results and references to an offer, refusal or test unless all parties stipulate. Statements made during the exam are a separate question.
Read answer Criminal procedure & trial evidenceLegal answerIs Bigamy a Felony in California?
California bigamy can be a felony or misdemeanor. See when Penal Code 281 applies, the specific 282 exceptions, and how the charge is classified.
Read answer Criminal procedure & trial evidenceLegal answerIs calling in a fake emergency to send police to someone's house ("swatting") a crime?
Swatting is a false report of an emergency under California Penal Code 148.3. See when it is a misdemeanor, when it becomes a felony, and who pays.
Read answer Criminal procedure & trial evidenceLegal answerIs checking a customer's ID a defense to selling alcohol to a minor in California?
California gives clerks and servers a real ID-check defense to an alcohol sale to a minor. See what Business and Professions Code 25660 actually requires.
Read answer Criminal procedure & trial evidenceLegal answerIs depositing cash under $10,000 to avoid a bank report a crime?
Structuring cash deposits under $10,000 to avoid a bank report is a federal crime, even with legal money. See 31 U.S.C. 5324 and how CA law differs.
Read answer Criminal procedure & trial evidenceLegal answerIs doxxing someone's home address illegal in California?
Posting someone's address online can be a misdemeanor under Penal Code 653.2 when meant to put them in fear and invite harm. It can also bring a civil suit.
Read answer Criminal procedure & trial evidenceLegal answerIs drinking alcohol at a California state beach or park against the law?
California's state park rules have no system-wide alcohol ban for adults. A posted no-alcohol order controls, and violating it is a misdemeanor or infraction.
Read answer Criminal procedure & trial evidenceLegal answerIs dumping trash, furniture, or construction debris a crime in California?
Penal Code 374.3 makes dumping trash, furniture, or debris in California a crime, with escalating fines and a misdemeanor tier for commercial quantities.
Read answer Criminal procedure & trial evidenceLegal answerIs filing a false California tax return a separate crime from owing more tax?
Willfully signing a California tax return you do not believe is true is a felony under RTC 19705, whatever tax is owed. The five prongs and the sentence.
Read answer Criminal procedure & trial evidenceLegal answerIs giving a false name to police during a traffic stop a crime?
Giving police a false name at a California traffic stop can be a misdemeanor under Vehicle Code 31 or Penal Code 148.9. How the two laws differ.
Read answer Criminal procedure & trial evidenceLegal answerIs it a crime to impersonate a police officer in California?
Impersonating a police or federal officer with a uniform, badge, or false claim is a misdemeanor under Penal Code 538d. Penalties and the 2025 SB 805 changes.
Read answer Criminal procedure & trial evidenceLegal answerIs it a crime to point a laser at an aircraft or a police officer in California?
California punishes pointing a laser at an aircraft under Penal Code 247.5 and at a peace officer under 417.26 as separate crimes, each with its own elements.
Read answer Criminal procedure & trial evidenceLegal answerIs it a crime to serve alcohol to someone who is already obviously drunk in California?
Serving an obviously intoxicated adult is its own California misdemeanor under Business and Professions Code 25602, even though most lawsuits are blocked.
Read answer Criminal procedure & trial evidenceLegal answerIs it a lesser charge if a minor tries to buy alcohol but does not succeed?
California punishes a minor's failed attempt to buy alcohol less severely than an actual purchase or possession. See the exact penalty for each.
Read answer Criminal procedure & trial evidenceLegal answerIs it illegal for a parent to give their own child a drink at home in California?
California's furnishing law has no parent or at-home exception. What counts as furnishing, the exact penalty, and whether your child is also breaking the law.
Read answer Criminal procedure & trial evidenceLegal answerIs it illegal to hold my phone at a red light in California?
California bars holding and operating a phone while driving, even at a red light, unless it is hands-free or mounted and used with one tap or swipe.
Read answer Criminal procedure & trial evidenceLegal answerIs lying to the police illegal in California?
California does not criminalize every inaccurate answer to police. Learn how false reports, false identity, and obstruction rules differ.
Read answer Criminal procedure & trial evidenceLegal answerIs money laundering a federal crime?
Federal laundering counts differ in transaction, proceeds, intent and amount rules. Learn what §§ 1956 and 1957 require and what their statutory ceilings mean.
Read answer Criminal procedure & trial evidenceLegal answerIs my charge a felony or a misdemeanor, and who decides?
A California wobbler can be filed as a felony or misdemeanor under Penal Code 17. See who decides, what factors matter, and how a later 17(b) reduction works.
Read answer Criminal procedure & trial evidenceLegal answerIs Telling Someone to Kill Themselves a Crime in California?
California Penal Code 401 can criminalize deliberate encouragement of a specific suicide. The evidence, outcome and accused person's role determine the charge.
Read answer Criminal procedure & trial evidenceLegal answerMust a California jury be told it can choose a lesser included offense?
A California judge may have to instruct on a lesser included offense when substantial evidence supports it. The charged facts and trial record matter.
Read answer Criminal procedure & trial evidenceLegal answerMust a California youth speak with a lawyer before a custodial police interview?
California generally requires a youth 17 or younger to consult counsel before custodial interrogation or Miranda waiver. Learn the exceptions and review questions.
Read answer Criminal procedure & trial evidenceLegal answerMust my defense expert's report be given to the prosecutor?
California criminal discovery can require disclosure of an intended defense expert’s report and test results. See timing and privilege limits.
Read answer Criminal procedure & trial evidenceLegal answerShould I call a character witness in my California criminal case?
Learn what California law allows when a defendant offers character testimony, what the prosecutor may rebut, and what to discuss with counsel first.
Read answer Criminal procedure & trial evidenceShould I let police search my phone without a warrant?
A request to search phone data raises a consent decision. Learn what authority to ask about and why a seized phone is different from its contents.
Read answer Criminal procedure & trial evidenceLegal answerShould I Sign a Federal Proffer Agreement Before Speaking With Prosecutors?
Before a federal proffer meeting, check the written letter's statement-use limits, derivative leads, waiver triggers and what happens if prosecutors offer no deal.
Read answer Criminal procedure & trial evidenceLegal answerShould I Sign a Federal Speedy-Trial Waiver or Agree to a Continuance?
Asked to sign a federal speedy-trial waiver or consent to a later trial? Compare the proposed paper, court findings and excluded time with counsel before deciding.
Read answer Criminal procedure & trial evidenceLegal answerShould I talk to a detective who asks for a voluntary interview?
A detective's invitation to talk is a decision worth checking with counsel. Learn how a voluntary interview differs from custodial questioning.
Read answer Criminal procedure & trial evidenceLegal answerShould I use the public defender or hire a private attorney in California?
Public defenders cost nothing if a court finds you cannot afford a lawyer, but you cannot choose one. How the two compare and how to reach the public defender.
Read answer Criminal procedure & trial evidenceLegal answerWhat Are California's Sex Offender Registration Tiers Under SB 384?
California sorts registered sex offenders into three tiers under SB 384 and Penal Code 290, each with its own minimum years and petition rules.
Read answer Criminal procedure & trial evidenceLegal answerWhat Are the Penalties for Federal Bank Fraud?
Learn how federal bank-fraud law separates two charge theories, what records may matter, and why 30 years and $1 million are statutory maxima, not a sentence forecast.
Read answer Criminal procedure & trial evidenceLegal answerWhat can I do if I think the judge in my California criminal case is biased?
California uses different procedures for fact-based judge disqualification and a timely sworn section 170.6 challenge. Learn what records matter.
Read answer Criminal procedure & trial evidenceLegal answerWhat Changes When a Federal Grand Jury Returns a Superseding Indictment?
Compare a federal superseding indictment with the original charges, then check arraignment, motion deadlines and charge-specific speedy-trial timing.
Read answer Criminal procedure & trial evidenceLegal answerWhat corroboration does California require for accomplice testimony?
An accomplice's testimony needs independent evidence linking the defendant to the offense. Learn who qualifies and what the jury must decide.
Read answer Criminal procedure & trial evidenceLegal answerWhat counts as contempt of court under California Penal Code 166?
PC 166 makes nine kinds of contempt a misdemeanor, including disobeying a court order under 166(a)(4). Protective order violations are punished more harshly.
Read answer Criminal procedure & trial evidenceLegal answerWhat Counts as Falsifying Evidence in California?
California Penal Code sections 132, 134, and 141 address different evidence-related conduct. Learn how act, material, intent, and role matter.
Read answer Criminal procedure & trial evidenceLegal answerWhat deadlines and papers govern a San Diego felony pretrial motion?
San Diego felony motions have a court-set filing deadline, service periods and motion-specific papers. Check the arraignment order and current local rules.
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