Law Offices of Jerry Nicholson Blog
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Keep checking back on the latest criminal law news and updates from the Law Offices of Jerry Nicholson. Jerry Nicholson began his legal career in 1978 working as a Deputy District Attorney for Orange County. In that role, he prosecuted both misdemeanor and felony cases. Get the trustworthy legal representation you need.
Law Offices of Jerry Nicholson Blog
3M ago
Grand Theft vs. Petty Theft
Words matter a lot when it comes to the law. The impact of a criminal conviction can be extremely different, for example, if the charge is different by just a few words. Something like the difference between first-degree and second-degree in the charge is a critical detail when it comes to criminal defense.
The right—or wrong—verbiage on a document like an arrest warrant can be helpful to a criminal defense strategy, but the opposite is true too. The wrong information or words in testimony or court documents can weaken your defense.
All of this applies when it comes ..read more
Law Offices of Jerry Nicholson Blog
3M ago
Is It Illegal to Slap Another Person?
Technically, slapping someone is a form of battery. Assault and battery, in general, can be confusing. These terms are used together often in legal dramas and other entertainment as if they are one thing, but they are actually two separate charges in California. Other states treat these terms differently, however, which only adds to the confusion.
Can a Slap Count as Assault or Battery?
To understand how a single slap might be enough for you to be charged with a crime, you first have to understand how California criminal law defines assault and battery.
Wh ..read more
Law Offices of Jerry Nicholson Blog
5M ago
Different Types of Warrants and Their Impact on Arrests
Anyone who has ever watched a legal drama on television knows that warrants are as much a part of the criminal justice process as bail or plea agreements are. However, there are many types of warrants. Understanding what each type of warrant is for, when it’s required, and how it is issued can be important in building a defense against criminal charges.
Understanding Search Warrants
A search warrant is a type of court order. It grants law enforcement officers the ability to conduct a specific search, often of a premises, electronic device ..read more
Law Offices of Jerry Nicholson Blog
5M ago
What Does Aggravated DUI Mean in California
Criminal charges, whether related to drug crimes, domestic violence, DUI, or other crimes, should always be taken seriously. Whether you’re facing a misdemeanor or felony charge, the outcome of your case can seriously impact your future.
Working with an experienced criminal law attorney to understand your case and all potential mitigating factors can be important. Your attorney can explain how the factors of your case impact your defense and the potential consequences of a conviction, ensuring you can make educated decisions as you move forward.
For ..read more
Law Offices of Jerry Nicholson Blog
5M ago
What Are DUI Checkpoints?
DUI checkpoints are roadblocks that allow law enforcement officers to visually inspect drivers— and, to some degree, the inside of their vehicles—to make a determination about the potential for DUI. Typically, drivers must stop at the checkpoint, roll down their windows, and speak with officers. Officers who believe that a driver may be impaired might require further action, such as a field sobriety test.
If you find yourself in a DUI checkpoint after enjoying a few drinks with friends or over dinner, you could end up facing DUI charges depending on your blood alcohol ..read more
Law Offices of Jerry Nicholson Blog
5M ago
What Is Implied Consent?
The term implied consent refers to a law related to chemical tests for blood alcohol and drug levels. At its most basic, implied consent means that if you operate a motor vehicle on the roads, you are automatically implying consent for a blood alcohol test if a law enforcement officer arrests you for a potential DUI.
Every state has such laws, but the penalties for refusing the test in cases where implied consent applies may be more severe in California than in the home states of some out-of-state defendants. For example, many states only levy administrative penalties ..read more
Law Offices of Jerry Nicholson Blog
5M ago
Understanding Laws, Penalties, and Defenses Related to Assault or Battery Charges
If you are charged with a crime, understanding that charge and what penalties you might face is important. It’s also critical to know how California laws impact your case, whether you’re facing assault and battery charges or being accused of criminal threats or another crime.
Luckily, you don’t have to have that knowledge and understanding yourself. When you work with an experienced criminal defense attorney, they can provide guidance and information to help you make more educated decisions about your defense. Th ..read more
Law Offices of Jerry Nicholson Blog
6M ago
What Happens When Officers Respond to a Domestic Violence Complaint?
Domestic violence calls can present unique challenges for law enforcement officers. They may arrive at a scene where tempers have flared, but it may not always be obvious whether a crime has been committed — or by whom. California law recognizes the difficulty of responding to such calls and correctly evaluating the situation to make arrests and domestic violence charges.
In fact, the law requires police officers to go through specific training for dealing with domestic violence complaints. Recognizing the potential seriousne ..read more
Law Offices of Jerry Nicholson Blog
1y ago
This article was updated: Feb. 8th, 2023
It’s always frightening to be charged with a crime for the first time in your life. If you have never really been in genuine trouble with the law before but you are charged with a misdemeanor or with a felony, and if you are guilty as charged, in some cases you may be able to avoid at least some of the usual consequences of a criminal conviction. As drug crimes lawyers, we know that in many states, the completion of a court-ordered “first offender” diversion program will keep a conviction from going on a person’s criminal record.
Not every first offend ..read more
Law Offices of Jerry Nicholson Blog
1y ago
This article was updated: Feb. 7th, 2023
As a drug crimes law firm in Long Beach, we know about the crime movies and television shows where a completely innocent person is “set up” by the police or by their informants and accused of a crime. Dramatic tension – and the music – rises as the wrongly accused character bravely fights to prove his or her innocence. The story may take some liberties with legal principles and practices, and it may even be quite impossible. But the real possibility of an innocent person being framed for a crime is not as implausible as one might think. In fact, it happ ..read more