Criminal Defense - Page 17

If you were arrested for a criminal offense in California, you will have an arraignment hearing. This hearing is your first court appearance with a judge and prosecutor in attendance. At this time, you will hear the charges filed against you and enter a plea. It’s natural to wonder if your charges can be changed after an arraignment. Prosecutors do have the authority to change charges after they've been filed,...

An Arbuckle Waiver is when a defendant agrees to forgo their right to have the same judge who accepted their plea bargain preside over their sentencing hearing. In most situations, defendants would prefer to have the same judge handle both of these elements of their case. However, under certain circumstances, a defendant may choose to waive this right and proceed to their sentencing with a different judge than the one...

Circumstantial evidence is proof that was inferred from the fact in question. In criminal case trials, the prosecution commonly relies on this proof. Criminal defense attorneys commonly use one of two strategies. A qualified criminal attorney can either cast doubt on the circumstantial proof itself or prove that there is reasonable doubt as to whether the accused is actually guilty. If you’ve been charged with a criminal offense in the...

Minors who are arrested in California for committing a crime are treated differently than adults. Children are typically processed in juvenile court for matters of delinquency. The goal is to reinstate moral standards, not discipline minors. If a minor commits a serious crime, the penalties may be severe. In California, a child at least 16 years or older may be sent to adult court for adjudication of a criminal case. ...

Every year, many prank 911 calls are made to emergency dispatch centers. However, making such phone calls could potentially land you in legal trouble, especially if they tie up dispatchers and prevent real emergency calls from getting through.  It's important to understand that prank 911 calls are treated as serious offenses by law enforcement. The police have tools for identifying caller locations and may investigate further if they believe you’re...

California has several laws aimed at protecting the welfare of children. Three of these laws concern the most common ways in which children are put in danger. California’s laws regarding child abuse, neglect, and endangerment come with heavy penalties for offenders. However, not all of those accused are actually guilty of committing these crimes. At the Simmrin Law Group, we know how to defend our clients against these charges. One...

It can be an easy mistake to make - you sign something for someone else or fudge a number or two, then the next thing you know, you’re being hit with a forgery conviction. It may seem like a minor, white-collar crime, but forgery can have serious consequences in California. Thankfully, the attorneys at Simmrin Law Group are here to help you understand what a forgery charge can mean. Learn...

In California, you have the right to protect your property from harm. However, there are limits to that right. You may only use the amount of force deemed reasonably necessary when protecting your property. In most cases, shooting someone attempting to break into your vehicle would extend beyond the reasonable force requirement. California law leaves much up to the judge or jury to interpret when it comes to reasonable force....

Negligence is an important legal concept in civil court, but there is also a version of it for criminal court. Criminal negligence is part of what the prosecution must prove in involuntary crimes, like involuntary manslaughter. Knowing California’s legal definition of criminal negligence can keep you from committing certain crimes or help you understand your charges. Here’s what you need to know. Civil Negligence vs Criminal Negligence Negligence is when...

Under the Sixth Amendment to the United States Constitution, defendants have the right to a speedy trial. If denied that right a defendant can file a Serna motion to have the misdemeanor or felony charges they face dismissed. Many defendants are unaware that the constitution guarantees them the right to a speedy trial. By hiring an experienced criminal defense lawyer, you can feel confident that all of your rights are...