Criminal procedure & trial evidence answers, page 6
Court procedure, trial evidence, police questioning, searches and other criminal case questions.
Answers 276 to 326 of 326
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What If Your Public Defender Does Not Show Up for Court in California?
If your appointed lawyer is missing when a California criminal hearing is called, identify any covering counsel, tell the court, and protect the hearing record.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is a California Penal Code 4600 Property-Damage Charge?
California Penal Code 4600 covers intentional damage to specified jail, prison, or public property inside. The accused need not be an inmate.
Read answer Criminal procedure & trial evidenceLegal answerWhat is a Cruz waiver in a California plea?
A Cruz waiver can put the promised plea sentence at risk if you willfully miss sentencing. Check the agreed trigger, alternate sentence and plea record with counsel first.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is a Daubert Motion?
A Daubert motion asks a federal judge to screen expert testimony under Rule 702. Learn the proof, report and method questions, and California's separate standard.
Read answer Criminal procedure & trial evidenceLegal answerWhat is a geofence warrant in a California criminal case?
Learn what a geofence warrant seeks, how a historical Google search proceeded, what California and federal courts decided, and which case records to review.
Read answer Criminal procedure & trial evidenceLegal answerWhat is a Penal Code 995 motion to dismiss in California?
Penal Code 995 motion explained: the two grounds, the probable cause standard, the 60-day and 15-day rules, and what happens if it is granted or denied.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is a Surety Bond for Jail in California?
A California jail surety bond is an insurer's undertaking, not a full cash deposit. Compare premiums, collateral, court cash and a release-order request before paying.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is Acquitted Conduct in Federal Sentencing?
Learn what federal acquitted conduct means, when it is excluded from guideline relevant conduct, and why other sentencing questions remain.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is California Penal Code 32, Accessory After the Fact?
California Penal Code 32 requires knowing, affirmative help after a felony with intent to help the principal avoid justice. Timing and the alleged act matter.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is Considered Federal Tax Evasion?
Learn how a federal tax-evasion allegation differs from a late return, unpaid tax, or false-return count, and what records can help counsel review it.
Read answer Criminal procedure & trial evidenceLegal answerWhat is misprision of a felony?
Federal misprision requires more than silence. Learn what §4 requires for a completed felony, knowledge, affirmative concealment and the three-year ceiling.
Read answer Criminal procedure & trial evidenceLegal answerWhat is Penal Code 597 animal cruelty, and what is the penalty?
PC 597 punishes malicious harm or neglect of an animal: a wobbler, up to 3 years in county jail as a felony, 364 days as a misdemeanor, plus a $20,000 fine.
Read answer Criminal procedure & trial evidenceLegal answerWhat is Penal Code 602 trespassing, and what is the penalty?
PC 602 makes willful trespass by any listed act a crime, usually a misdemeanor: up to 6 months in jail, a $1,000 fine, or both. Elements, 602(m), defenses.
Read answer Criminal procedure & trial evidenceLegal answerWhat is prosecutorial misconduct?
Learn what prosecutor conduct may be improper, what record matters, and why the response depends on the case stage and prejudice.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is the Current Standard for Fingerprint Identification, and How Accurate Is It?
Learn how latent fingerprints are compared, what qualitative conclusions mean, what accuracy studies can show, and which lab records to review.
Read answer Criminal procedure & trial evidenceLegal answerWhat is the difference between probation and parole in California?
Probation is a sentence a judge grants, supervised locally. Parole is supervision after state prison. Who supervises, how long it lasts and violations differ.
Read answer Criminal procedure & trial evidenceLegal answerWhat Is the Jencks Act, and When Can the Defense Get a Witness Statement?
In a federal trial, the Jencks Act covers defined government-witness statements after direct testimony. Learn the motion, redaction, recess and refusal rules.
Read answer Criminal procedure & trial evidenceLegal answerWhat must a trial evidence objection say to preserve an appeal issue?
For an admitted-evidence claim, California Evidence Code section 353 generally requires a timely, specific trial objection or motion; a precise in-limine ruling can sometimes suffice.
Read answer Criminal procedure & trial evidenceLegal answerWhat must be shown for a California Penal Code 372 public nuisance charge?
Learn what California Penal Code 372 alleges, how public impact and a legal removal duty matter, and when another statute may set punishment.
Read answer Criminal procedure & trial evidenceLegal answerWhat must I do after hitting a parked car if the owner is not there?
After hitting a parked car in California, a note is not enough: you must also notify police, and a DMV report may be due. Vehicle Code 20002 explained.
Read answer Criminal procedure & trial evidenceLegal answerWhat Must Prosecutors Prove for an Imitation-Firearm Display Charge?
California Penal Code 417.4 covers a threatening display of a qualifying imitation firearm that causes reasonable fear of bodily harm. The facts matter.
Read answer Criminal procedure & trial evidenceLegal answerWhat records can resolve a California presentence custody credit error?
A disputed custody credit calls for dates, case linkage, and the court's credit record. Learn what to compare and when counsel should seek correction.
Read answer Criminal procedure & trial evidenceLegal answerWhat records matter after a CDCR Male Community Reentry Program monitor alert?
A CDCR Male Community Reentry Program monitor alert calls for investigation and records. Check zone settings, authorized leave, activity reports and the alert.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I check before responding to a criminal subpoena for business records?
A business records subpoena needs careful review of who issued it, what records it seeks, delivery instructions and any protected information.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I check before signing Santa Barbara misdemeanor plea form SC-3085?
Before signing Santa Barbara misdemeanor plea form SC-3085, check charges, penalties, prior and probation admissions, rights, and case-specific consequences.
Read answer Criminal procedure & trial evidenceLegal answerWhat Should I Do About a California Bench Warrant?
A California bench warrant does not expire on its own. See why it issues, whether you are arrested on sight, and how a lawyer can ask to recall it.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I do after receiving a federal alibi request?
Received a written federal alibi request? Learn what to give counsel, the ordinary response deadline, required location and witness details, and what to check next.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I do with a search-warrant receipt left at my home?
After a home warrant search, preserve the property receipt and compare it with the warrant and court return. Learn what the list proves and what gaps to flag.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from a criminal case in Kern County?
Kern County criminal cases go to Bakersfield or one of five branch courts by ZIP code. How arraignment, bail categories, DUI rules and local forms work.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from a criminal case in Los Angeles County?
Los Angeles County hears criminal cases across dozens of courthouses, often releases arrestees before arraignment under PARP, with arraignment within 48 hours.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from a criminal case in Orange County?
Orange County criminal cases run through four justice centers, the Sheriff's Intake Release Center and a county bail schedule. What to expect at each step.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from a criminal case in Riverside County?
Riverside County hears criminal cases at one of five courthouses, uses its own bail schedule, and applies state deadlines for felony and misdemeanor cases.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from a criminal case in San Bernardino County?
San Bernardino County criminal cases are heard at four courthouses. What to expect at arraignment, how the bail schedule works, and the diversion options.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect from the Santa Clara County criminal court process?
A guide to the Santa Clara County Superior Court criminal process: which courthouse, arraignment timing, the local bail schedule, and who is involved.
Read answer Criminal procedure & trial evidenceLegal answerWhat should I expect in an Alameda County criminal case?
Alameda County criminal cases are heard at four courthouses in Oakland, Fremont and Dublin, and bail starts from a county schedule. What to expect at each step.
Read answer Criminal procedure & trial evidenceLegal answerWhat timing and papers apply to a Monterey County suppression motion?
Monterey rules set different notice triggers for felony and misdemeanor suppression motions and require written, served, specific papers.
Read answer Criminal procedure & trial evidenceLegal answerWhen Can Police Enter and Search a California Home Without a Warrant?
Consent, emergencies, and protective sweeps follow different rules. Learn how to assess a warrantless home entry and what police searched afterward.
Read answer Criminal procedure & trial evidenceLegal answerWhen can trauma or youth trigger a lower term at California felony sentencing?
Learn when Penal Code section 1170(b)(6) requires the lower felony term, its exception, and evidence that a qualifying factor contributed to the offense.
Read answer Criminal procedure & trial evidenceLegal answerWhen Does Attorney-Client Privilege Not Apply in California?
California privilege turns on a confidential legal consultation, who heard it, disclosure and narrow exceptions. Past-crime advice is different from seeking help to commit fraud.
Read answer Criminal procedure & trial evidenceLegal answerWhich California Felony Convictions Can Receive Probation?
California felony probation depends on the conviction, alleged facts and prior record. See the ordinary, unusual-case and barred eligibility tiers.
Read answer Criminal procedure & trial evidenceLegal answerWhich California peeping or covert-viewing charge is alleged?
Facing a California peeping or covert-viewing allegation? Compare Penal Code 647(i) and 647(j)(1)–(3) by location, image, privacy and intent.
Read answer Criminal procedure & trial evidenceLegal answerWhich Los Angeles County courthouse will hear my criminal case?
Los Angeles County criminal cases are filed by court rule, not choice. How Local Rule 2.3 picks the courthouse and how Rule 2.10 sets Central departments.
Read answer Criminal procedure & trial evidenceLegal answerWhich Orange County courthouse will hear my criminal case?
Which Orange County justice center hears your criminal case: what your paperwork controls, the court's city lists, and what to expect on the court date.
Read answer Criminal procedure & trial evidenceLegal answerWhich Riverside County courthouse will hear my criminal case?
How Riverside County assigns a felony or misdemeanor case to one of five courthouses by where the crime occurred, and how to read the case number prefix.
Read answer Criminal procedure & trial evidenceLegal answerWhich San Bernardino County courthouse will hear my criminal case?
How San Bernardino County Superior Court assigns felony and misdemeanor cases to the San Bernardino, Rancho Cucamonga, Victorville, or Joshua Tree courthouse.
Read answer Criminal procedure & trial evidenceLegal answerWhich San Diego County courthouse will hear my criminal case?
How San Diego Superior Court assigns a criminal case to Central, East County, North County, or South County, including the Coronado and Del Mar exceptions.
Read answer Criminal procedure & trial evidenceLegal answerWhy did I get a notice that California police searched my online account?
A California electronic-information notice should identify a warrant or emergency access. Learn what records and timing to check, including delayed notice and challenge options.
Read answer Criminal procedure & trial evidenceLegal answerWhy is my bail on hold after someone offered to pay it?
A Penal Code 1275.1 hold concerns the source of bail funds. Learn the probable-cause finding, proof required, financial privacy and limited 24-hour rule.
Read answer Criminal procedure & trial evidenceLegal answerWill a criminal charge affect my California medical license?
A California medical license can be disciplined for a conviction tied to the profession, not only a DUI. Physicians must self-report felony charges.
Read answer Criminal procedure & trial evidenceLegal answerWill a criminal charge affect my California teaching credential?
Sex, murder and drugs-to-minors charges bring compulsory leave and automatic credential suspension in California. How other charges and convictions are handled.
Read answer Criminal procedure & trial evidenceLegal answerWill a Criminal Charge Cost Me My California Nursing License?
California RNs must self-report most convictions within 30 days. See what must be reported, and what the Board of Registered Nursing can do.
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