San Jose Felony Lawyer, California

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Jerome Pierce Mullins Lawyer

Jerome Pierce Mullins

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

If you or someone you know is charged with a serious criminal offense, I will discuss the matter at no charge. Please call me any time of the day or n... (more)

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Thomas Vincent Kelley Lawyer

Thomas Vincent Kelley

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Criminal, Felony, Misdemeanor

Thomas V. Kelley received his Bachelor of Science and Juris Doctorate degrees from Santa Clara University and was admitted to practice in California i... (more)

Diego F MacWilliam Lawyer

Diego F MacWilliam

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

If you have been arrested, perhaps for the first time, I understand how you feel and what you're going through. I am available to you for a no cost, ... (more)

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800-735-1570

Erik Steven Johnson Lawyer

Erik Steven Johnson

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Criminal, DUI-DWI, Felony, Domestic Violence & Neglect, White Collar Crime

Erik Steven Johnson is a dedicated criminal defense attorney with a unique passion for defending the legal rights of his clients. His particular legal... (more)

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408-246-3004

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Robert  Cummings Lawyer

Robert Cummings

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

The Law Offices of Robert G. Cummings is devoted to the defense of individuals and entities charged with or facing criminal prosecution. Mr. Cummings... (more)

Robert Gary Cummings Lawyer

Robert Gary Cummings

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

The Law Offices of Robert G. Cummings is devoted to the defense of individuals and entities charged with or facing criminal prosecution. Mr. Cumming... (more)

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800-965-6701

George J. Gigarjian Lawyer

George J. Gigarjian

VERIFIED
DUI-DWI, Felony, Accident & Injury, Juvenile Law, Criminal
Specializing in criminal defense, all felonies and misdemeanors, and personal injury.

Serving the Central Coast for Over 25 Years Whether it’s a criminal prosecution or you have been injured in an accident, we know how stressful a ... (more)

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831-429-1440

Jo-Anna Marie Nieves Lawyer

Jo-Anna Marie Nieves

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Criminal, Felony, DUI-DWI

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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800-659-6720

Alanna D Coopersmith Lawyer

Alanna D Coopersmith

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

Alanna D. Coopersmith successfully represents her clients in a range of criminal cases, from DUI/DWI, to drug crimes, to felony charges. Attention to ... (more)

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800-317-9810

Frank Z. Leidman Lawyer

Frank Z. Leidman

VERIFIED
Criminal, DUI-DWI, Felony, Misdemeanor, Traffic

LeidmanLaw was founded by Frank Z. Leidman in 1986 as a criminal defense practice in the San Francisco Bay Area in Federal and California State courts... (more)

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LEGAL TERMS

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

DISCOVERY

A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witness... (more...)
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

ACCOMPLICE

Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An ... (more...)
Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

WARRANT

See search warrant or arrest warrant.

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.

CONSTABLE

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

SAMPLE LEGAL CASES

People v. Chun

... II. DISCUSSION. A. The Constitutionality of the Second Degree Felony-murder Rule. ... The second degree felony-murder rule is based on statute and, accordingly, stands on firm constitutional ground. [4]. B. The Merger Doctrine and Second Degree Felony Murder. ...

People v. Albillar

... The remaining issues involve the enhancement defined by Penal Code section 186.22, subdivision (b)(1) (section 186.22(b)(1)), which adds specified penalties for "any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any ...

People v. Delgado

... 1063 OPINION. BAXTER, J. After a jury convicted defendant of felony offenses, a court trial was held on the allegation, for purposes of enhancing his sentence, that he had a prior serious felony conviction. ... other than a firearm." Only the latter version qualifies as a serious felony. ...