Hello, I’m Jamahl Kersey, a criminal defense attorney based in San Diego, California. Today, let’s delve into a scenario that many individuals find themselves in – the aftermath of a domestic violence arrest and the complexities that arise when the alleged victim wishes to dismiss the case.
Some General Facts About Homicide Charges in California? In almost every state, murder refers to any action that ends with you taking another person’s life and is clearly defined in the California Legislature. Additionally, practically every state (including California) has its classifications for homicide, which fall under murder, manslaughter, and justifiable homicide. You must note,
One of the most common questions you get as a San Diego Criminal Defense Attorney is, how can you defend someone who committed X? It’s a great question. The short answer is in the Sixth Amendment, which says in part, “In all criminal prosecutions, the accused shall . . . have the Assistance of Counsel
Under the Fourth Amendment to the constitution, people have a right to be free from unreasonable searches and seizures. The Fourth Amendment requires officers to have a warrant prior to conducting a search. There are some exceptions to the warrant requirement which we will discuss as well. Over the years, The United States Supreme Court has decided cases shaping our
When officers make an arrest, they have the option of merely issuing a citation for the person to later appear in court, or take them into custody. That decision depends on how serious the crime is. Petty offenses warrant a citation, whereas violent crimes or serious felonies will likely land a person in custody. A
The first hearing in a criminal case is called the arraignment. The primary purpose of an arraignment is to give the defendant (“the person accused of the crime”) written notice of the charges and for the defendant to enter a plea. Arraignments are usually held within 48 hours of a person’s arrest, if they’re in
When you’re scheduled to appear in court–whether it’s for something as minor as a traffic violation that you’re fighting or something as major as a felony charge–it’s imperative that you show up on your court date. Unfortunately, it’s not uncommon for people to forget about a court date or face extenuating circumstances that prevent them from attending.
A question that comes up often is whether you have to talk to the cops if they stop you. The Supreme Court has ruled in Hiibel v. Sixth Judicial District Court of Nevada that you have to give them your name when asked, but beyond that there is not a requirement to divulge any more information.
Even someone with no legal experience has probably heard of a court setting bail or has seen advertisements for “bail bonds.” But what exactly is bail, and how much is it? When might a judge reduce bail or waive it altogether? What is bail? Bail is essentially an agreement between the defendant and the court. The defendant agrees to “post”
If the police stop you on the street, do you have to talk to them? This is a common question that many people have. There are many reasons as to why a police officer may approach you in public and begin talking to you.
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Let’s consider a case in which a person walks up to another, “getting into their face”. The second person punches the first, claiming they invaded their “personal space”. Is that a battery defense for the charge against battery? California Law California law does not admit to violations of personal space as a defense for battery
In California, there are three basic types of pleas used in criminal cases. Guilty Pleading guilty will result in a conviction. The defendant will not have a trial and the judge will sentence them. Hold a sentencing hearing for both the prosecution and defense to present their case regarding punishment. The defendant who pleads guilty
In most jurisdictions throughout the U.S., crimes are divided into different categories based on the seriousness of the crime. Indeed, the three major categories include infractions, misdemeanors, and felonies. Infractions are the least serious of crimes. Misdemeanors and felonies are another story. What’s the difference between these two types of crimes, and what does it
Although you’ve heard the terms criminal law and civil law, you may be wondering what the difference is. Here is an overview of criminal vs. civil law.
