Articles Posted in Misdemeanor

On November 4, 2014, California voters approved a voter initiative which requires that certain crimes MUST be filed as misdemeanors. This appears to be an effort by the state of California to reduce the number of people in the state prison system. From now on theft offenses for less than $950.00 must be filed as misdemeanors-even…

Under the Constitution of the United States and the California State Constitution everyone has a right to a ‘Speedy Trial’. This means that once you are charged and/or in custody they must give you a trial within a reasonable time frame. The specific amounts of time are left to the states. In a California misdemeanor case you…

Most people are aware that they have a right to a speedy trial guaranteed by the Constitution. However, few people understand how this right works as a practical matter. The best way to analyze speedy trial rights is to break down cases by misdemeanor and felony. Misdemeanor cases affected by the speedy trial clause of the…

A Public Health Inspector in Los Angeles County has been accused of sexually assaulting a bakery owner and has been suspended from the job without pay. The bakery owner was groped in the back room where the incident was also caught on tape. The Department of Public Health’s County Supervisor was the one who insisted…

19-year-old Daniel Moreno has been charged with cruelty to animals for stomping on a California brown pelican’s beak at Newport Beach pier after it tried to take his fish. Under California Penal Code Section 597, the offense may be filed as a misdemeanor with up to one year in jail or a felony carrying prison…

A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor. Here is one client’s experience facing a battery charge in Orange County: “I…

Two months ago, I was cited in Orange County for using my cell phone while driving. I was written up for a violation of California Vehicle Code Section 23123 and given a court date on which to appear. This Vehicle Code Section went into effect on July 1, 2008. This law prohibits the use of…

30-year-old Fidel Galindo was arrested on October 22nd for attempting to break into an off-duty deputy’s SUV in Laguna Niguel. The deputy chased Mr. Galindo down after seeing him near his SUV. When he finally caught up with him, he held him until Orange County Sheriff’s Department deputies arrived. Mr. Galindo was booked and is…

If you were an avid fan of Seinfeld or if you enjoy watching syndicated Seinfeld reruns, then you will probably remember the famous episode called “The Bookstore.” This is episode 173 from the 9th season, which aired originally April 9, 1998.  Like all Seinfeld episodes, this episode had numerous plotlines, but who can forget when Jerry discovers…

Domestic Violence occurs when one person physically strikes another person without consent and the two people are married, in a dating relationship or otherwise romantically involved. This crime can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail time possible is one-year. If charged as a felony the…