Korbel DUI-DWI Lawyer, California
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Kathleen Anne Bryson
Criminal, DUI-DWI, Traffic, Misdemeanor
Status: In Good Standing Licensed: 31 Years
FREE CONSULTATION 
CONTACT 732 5th St, Eureka, CA 95501
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LEGAL TERMS
CORPUS DELECTI
Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
CRIMINAL CASE
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
CAPITAL CASE
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.
MCNAGHTEN RULE
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.
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.
BURDEN OF PROOF
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
BAIL BOND
The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear... (more...)
The money posted by a 'bondsman' for a defendant who cannot afford his bail. The defendant pays a certain portion, usually 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and threaten to 'forfeit,' or keep, the money if the defendant doesn't appear soon. Usually, the bondsman will look for the defendant and bring him back, forcefully if necessary, in order to avoid losing the bail money.
CRIMINAL LAW
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.
ARREST WARRANT
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to ... (more...)
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to the judge or magistrate that convinces her that it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.
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 ...
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