Possibly. In 2016, California voters approved Proposition 57, which amended the California Constitution. Under Prop 57, every person who has been convicted of a nonviolent felony is eligible for parole, provided that they have served their primary sentence, which is...
Can a judge overrule the jury?
No. Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury. If the prosecution has failed...
What happens after you are arrested?
If you are arrested, you will be taken into custody by law enforcement. The arresting officer(s) should read you what are known as Miranda warnings, which will advise you of various constitutional rights. These include the right to remain silent and the right to an...
Can I refuse a DUI checkpoint?
DUI checkpoints are legal in California. The police are required to follow certain procedures when conducting these checkpoints, such as stopping every fourth vehicle, in order to comply with the law. Providing that the DUI checkpoint itself is legal, then you...
What happens at an arraignment in California?
An arraignment is the first formal court hearing after an arrest. During an arraignment, the court will advise you of your Constitutional rights, and notify you of the specific charges that have been filed against you. At this point, you will have the chance to enter...
What happens if a cop finds a gun in your car?
If the police find a gun in your car, you may be charged with carrying a concealed firearm. In addition, if you are prohibited from possessing a firearm, you may be charged with a felon in possession. In California, it is a crime to carry a concealed firearm on your...
What Happens at a Deposition?
A deposition, which represents a sworn statement made out of court, is a frequent part of civil court proceedings in the United States. The primary purpose of a deposition is to provide the attorneys handling a civil case on both sides of the aisle the opportunity to...
What Happens If California Drops Its Spousal Rape Distinction?
Currently, California differentiates spousal rape from nonspousal rape, with two different penal codes for each. This state is one of the few that still establishes marital rape as a special case, but that could change. State legislators introduced Assembly Bill 812...
Can I Withdraw a Criminal Plea in my California Criminal Case?
If you entered into a plea bargain and pled guilty to a felony in California and realized that you have made the wrong decision you may be able to rectify that. In the state of California, California law provides an opportunity for criminal defendants to withdraw a...
What Felonies Count As “Strikes” for California’s Three Strikes Law?
California’s Three Strikes Law is a sentencing scheme that can lead to a prison sentence of 25 years to life for individuals who are convicted of three violent or serious felonies. Each conviction for one of these crimes is considered a strike. A person can receive...
