Alamo Misdemeanor Lawyer, California

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Jo-Anna Marie Nieves Lawyer

Jo-Anna Marie Nieves

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Criminal, Felony, DUI-DWI, Misdemeanor, White Collar Crime

Armed with considerable experience working for the District Attorney in Sacramento, CA and her voluminous representation of large corporate clients in... (more)

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Andrew L. Sullivant

Criminal, DUI-DWI, Felony, Juvenile Law, Misdemeanor
Status:  In Good Standing           

Blackie Burak

Misdemeanor, Police Misconduct
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Anthony Michael Blalock

Misdemeanor, DUI-DWI, Criminal
Status:  In Good Standing           

Hua Jiang

Litigation, Child Custody, Misdemeanor, Consumer Protection
Status:  In Good Standing           Licensed:  9 Years

David Pastor

Misdemeanor, Felony, DUI-DWI, Criminal
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Fred Carl Duscha

Employee Rights, Employment, Misdemeanor, Credit & Debt
Status:  In Good Standing           Licensed:  36 Years

Barry B. Burak

Traffic, Misdemeanor, Felony, DUI-DWI, Criminal
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Todd L Schultz

Landlord-Tenant, Real Estate, Misdemeanor
Status:  In Good Standing           Licensed:  35 Years

Rebecca J. Harris

Estate, Family Law, Misdemeanor, Car Accident
Status:  In Good Standing           Licensed:  10 Years

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LEGAL TERMS

JURY

Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision,... (more...)
Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision, called the verdict. Traditionally, an American jury was made up of 12 people who had to arrive at a unanimous decision. But today, in many states, juries in civil cases may be composed of as few as six members and non-unanimous verdicts may be permitted. (Most states still require 12-person, unanimous verdicts for criminal trials.) Tracing its history back over 1,000 years, the jury system was brought to England by William the Conqueror in 1066. The philosophy behind the jury system is that--especially in a criminal case--an accused's guilt or innocence should be judged by a group of people from her community ('a jury of her peers'). Recently, some courts have been experimenting with increasing the traditionally rather passive role of the jury by encouraging jurors to take notes and ask questions.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

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.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)
The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

SAMPLE LEGAL CASES

People v. Feyrer

... Defendant Jesse Feyrer was charged with assault by means of force likely to produce great bodily injury, an offense punishable either as a felony or a misdemeanor—commonly known as a "wobbler." It also was alleged defendant personally inflicted great bodily injury upon the ...

People v. Mauch

... Code, § 11358) to a misdemeanor. We agree the trial court lacked authority to reduce the offense from a felony to a misdemeanor, and we therefore vacate defendant's plea and direct the trial court to reinstate the charge as a felony. 673 I. ...

People v. Garcia

... (b).) Involuntary manslaughter based on "an unlawful act, not amounting to felony"—a killing resulting from the commission of a misdemeanor—requires proof not only that the defendant acted with general criminal intent but also that the predicate misdemeanor was dangerous ...