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Jacob Levin

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Mr. Levin attended law school at UC Hastings in San Francisco. He was the president of the Jewish Law Students Association and founded the UC Hastings... (more)

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LEGAL TERMS

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

CIVIL

Noncriminal. See civil case.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

INSANITY

See criminal insanity.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

SAMPLE LEGAL CASES

People v. McNeal

... liquor" in violation of the generic DUI law. (Id., 772 A.2d at pp. 1088, 1091.) The Vermont Supreme Court agreed. (Id. at p. 1091.) The court observed that "any evidence raising a doubt as to [the] defendant's condition, which is the ultimate question in a generic DWI prosecution . ...

People v. Landon

... OPINION. LAMBDEN, J.—. On August 14, 2008, defendant pleaded guilty to driving under the influence (DUI) with a blood-alcohol level greater than 0.08 percent (Veh. Code, § 23152, subd. (b)); she admitted four prior DUI 1099 convictions. ...

People v. Patel

... In exchange for a grant of probation, defendant Javid Patel entered negotiated pleas of no contest to alternative felony counts of "generic" and "per se" [1] negligent driving under the influence of alcohol (DUI) that resulted in bodily injury to another, and a misdemeanor count of ...