By Joseph Broadbent There are many types of jurisdiction in criminal cases. Below is a primer on some of the key ones. After reviewing them, make sure to check out our section on Criminal Jurisdiction. You’ll find more detail there—for instance, you can read about what determines whether a state or federal court hears a case…. Read More
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The Law of Hit & Run
Drivers who are involved in a collision must stop, provide identification and provide any needed assistance. In California you may be charged with a hit and run if you leave the scene without first identifying yourself to the other party involved. If you hit a car accidentally that is parked and the driver is not… Read More
The Law of Bail
Christopher Morales, Criminal Defense Attorney The United States Constitution states that anyone that is arrested and charged with a crime has the right to bail. The only exception to this is if the person is charged with murder. How does the law of bail work? When a person is arrested by police and taken into county… Read More
The Law of Competency in a Criminal Case
Christopher Morales, Criminal Defense Attorney Every criminal defendant must be competent to stand in trial in order for their case to proceed in court. A defendant is mentally competent to stand trial [or adjudged to punishment] if he/she can do all of the following: -Understand the nature and purpose of the criminal proceeding against him/her –… Read More
Released from Prison but Barred from the Ballot: Felons and Voting Rights
The Attorney General is among those pushing for abolition of ex-felon disenfranchisement laws. A person makes a big mistake, gets convicted of a felony, and spends time in prison. Upon release, we often say that such people have “paid their debt to society.” However, one key aspect of a return to society is never reopened… Read More
Boating DUI/BUI
by Mark Theoharis Operating any vehicle under the influence of alcohol or other intoxicants is dangerous, which is why all states have not only drunk driving laws, but also drunk boating laws. These crimes are often known as driving under the influence, DUI, boating under the influence, BUI (boating under the influence), or by similar… Read More
Venue in a Criminal Case
What’s the difference between jurisdiction and venue? What determines where a case is heard? by: Joseph Broadbent In a criminal case, “venue” refers to the county or district where a case will be decided. Jurisdiction is a related, but broader concept. It refers to the legal authority to hear a case. Venue, on the other hand,… Read More
What is premeditated and deliberate conduct?
by: Leigh Segars Most states require premeditation, and many also require deliberation, for a conviction of first degree murder. The concepts are intricately related, and the difference between them can be largely semantic. (Other crimes involving a victim’s death don’t require premeditation and deliberation) Crimes other than those involving homicide may also require premeditation… Read More
Assault and Battery as Personal Injury Claims
A lawsuit for assault and battery can provide compensation for intentional injuries. by: David Goguen, J.D. Most personal injury lawsuits are filed over accidents — like a slip and fall or a car crash. But, in some cases, the action that caused the harm was intentional rather than accidental. In the context of personal injury… Read More
If “plain sight” can justify a warrantless seizure and search, can “plain smell” do the same?
The clerk at UPS called the cops, telling them that my package smelled of marijuana. The police took the box and opened it later. Was that legal? by Janet Portman, Attorney Share on FacebookShare on Google Plus Answer: The police can certainly rely on their senses (sight, smell, hearing, touch, and even taste) when… Read More