What Are Mitigating Circumstances in Criminal Cases?
Eisner Gorin LLP | Criminal Law Blog
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4d ago
Under California criminal law, mitigating circumstances help lessen a defendant's guilt and encourage the judge to be more lenient in sentencing. For example, perhaps a defendant has no prior criminal record or played a minor role in the crime. In other words, If you've been charged or convicted ..read more
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Penal Code 21810 PC - Possession of Brass Knuckles
Eisner Gorin LLP | Criminal Law Blog
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4d ago
Brass knuckles are metal objects worn around a hand to increase a punch's power and destructive ability. They are shaped to fit around a clenched fist. The force from these punches can be perilous and even lethal. California Penal Code 21810 PC prohibits brass knuckles (BK) by making it a crime ..read more
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What Does Proof Beyond a Reasonable Doubt Mean?
Eisner Gorin LLP | Criminal Law Blog
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1w ago
Proof beyond a reasonable doubt is the highest standard in the American criminal justice system. Requiring that a district attorney prove a defendant guilty beyond a reasonable doubt is a crucial concept in American law intended to ensure that only truly guilty people are convicted of committing ..read more
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Penal Code 837 PC - Citizen’s Arrest
Eisner Gorin LLP | Criminal Law Blog
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2w ago
Under California law, private citizens are authorized to arrest alleged perpetrators in specific circumstances defined under Penal Code 837 PC. Notably, if a private decides to make an arrest, they can act alone or ask another person to help them. Before a citizen decides to make an arrest, they ..read more
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What Are Miranda Rights Violations?
Eisner Gorin LLP | Criminal Law Blog
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1M ago
Reading Miranda Rights can become crucial to criminal cases when someone is arrested for an alleged crime. For example, before police interrogate you after an arrest, they must explain these rights and ensure you understand them. Suppose they fail to read you your rights. In that case, it could ..read more
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What is the Legal Age of Consent in California?
Eisner Gorin LLP | Criminal Law Blog
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1M ago
The legal age of consent in the state of California is 18 years old, which is when the law deems someone old enough to consent to have sex. This means it's a crime to engage in sexual activity with any person under 18. In other words, if you have sex with a minor, you could face serious criminal ..read more
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Stop-and-Frisk Law on Searches by Police Officers
Eisner Gorin LLP | Criminal Law Blog
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2M ago
In California, the stop-and-frisk law called a “Terry stop” has some main rules that law enforcement has to follow based on the Fourth Amendment to the United States Constitution, which says you have the right to be free from unreasonable searches and seizures.Law enforcement officers are legally ..read more
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Statute of Limitations in Criminal Cases
Eisner Gorin LLP | Criminal Law Blog
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3M ago
The statute of limitations outlines the maximum time limits for prosecutors to file criminal charges in a case.  In California, the general rules to remember are one year for a misdemeanor crime and three years for a felony. However, if a felony is punishable by eight or more years in state prison ..read more
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Is Ecstasy Legal in California?
Eisner Gorin LLP | Criminal Law Blog
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3M ago
MDMA, also known popularly as "ecstasy" or "molly," is a psychoactive drug primarily used for recreational purposes. It has become trendy at parties, commonly passed around during concerts and raves. With California recently legalizing marijuana for recreational use, there may be some confusion ..read more
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Public Nuisance Laws – Penal Code 372, 373a PC
Eisner Gorin LLP | Criminal Law Blog
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4M ago
California Penal Code 372 PC is the statute that prohibits someone from creating or maintaining a public nuisance. Penal Code 373a PC is the statute that makes it a crime for someone to maintain, permit, or allow a public nuisance to exist on a property they own or lease and do so after they receive ..read more
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