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Resisting Arrest Penal Code 148

Resisting Arrest

Resisting Arrest is probably best known as when someone is trying to shake off an officer that’s trying to cuff him or her. However resisting arrests covers a wider arrange of actions that counts as resistance. California defines it as simply “resisting, delaying, or obstructing a law enforcement while they are performing their duties”. Some examples of this can include trying to run to the scene of the crime. Trying to get information from people around the area to check out the crime. Or perhaps watching a suspect or talking to a suspect in custody. Examples of these types of actions can include but aren’t limited to. Struggling with an officer that’s trying to cuff you. Making faces and insults at an officer that arresting your friend. Or perhaps lying about your name when questioned.Resisting Arrest

Punishments for Resisting Arrest

Resisting Arrest will be charged as a misdemeanor. If you were charged with resisting arrest you can see. One year in jail. And a max of a $1000 fine. A probation may be issued depending on the facts of the case.

Defending against Resisting Arrest

In order to be charged with resisting arrest, you must willfully know that you did it to obstruct law enforcement. The second part is that the law enforcement themselves must have been lawful themselves. If Resisting Arrest using self-defense, it will only work if the police acted in misconduct first. If you used “self-defense” but the police acted in lawful conduct, then your defense would not work. related offense would be 69 PC obstructing or resisting executive officers. This is similar to Resisting Arrest, however it only includes cases where threats and violence were used and is the more severe version of resisting arrest.. Depending on the circumstances of the case you can be charged with either, but not both.

Have an attorney that knows police conduct  read over your resisting arrest case.

Contributing to Delinquency of a Minor

Contributing to the Delinquency of a Minor

Contributing to Delinquency of a minor is a crime that can be easily mistaken. A simple example of this crime is an adult that supplies a minor drugs or alcohol. A minor is considered anyone that is under the age of 18. The main ways to decide whether o r not you were Contributing to Delinquency of a minor is when you or the minor commit an act that will end in a crime. When you fail to act to prevent a crime. And when that crime will cause a minor to become a criminal. These laws apply to strangers, parents, and other minors alike. As a parent you are held responsible if the minor is your child. As a parent you are liable to exercise care, supervision, protection and control over the minor. Failing to do these or refuse to do them makes them liable for Contributing to Delinquency of a minor. However if the parent reasonably tried to control him or her but it fails then he or she cannot be charged since they performed their duties. Strangers that is Contributing to Delinquency of a minor has a different class. The stranger must have consent from the minors parents or do it as an emergency.Contributing to Delinquency of a Minor

Punishments for Contributing to DELINQUENCY of a minor

Contributing to Delinquency of a minor can be either a misdemeanor or infraction. as a misdemeanor you can get a year in jail a $2,500 jail, and up to a five years of probation if you are liable as a parent. This is like child endangerment law. As a stranger then you can receive six months in jail and a $2,500 fine.. As an infraction its a simple $250 crime. If you are a professional such as a teacher then you can lose your teaching credential. Related offenses can include kidnapping, false imprisonment, and stalking.

Don’t let yourself get taken advantage of. Its important to hire an attorney to make sure you are not falsely charged.

301 – Driving without a License VC 12500

Driving without a License

Driving without a License can lead to unwanted trouble. a driver’s license doesn’t have to be issued by California DMV, just be a driver’s license from the state you live in, and for the type of vehicle you drive. If you do have a valid driver’s license but did not have it with you, then it is a different violation. It can be dismissed if proven you were validly licensed when you were pulled over.You can be charged with driving without a license if you did not yet receive a driver’s license. Failed to renew a driver’s license. Did not obtain a California’s drivers license after being a Californian resident. Or if you cannot get a California’s drivers license.Driving without a License

Punishments for Driving without a License

Driving without a license is a wobbler. This can swing as either a misdemeanor or a non-criminal infraction. If it is a first time offense, then most likely you will only be charged with the infraction. You can always be charged with a misdemeanor for the first time however. If you have an arrest warrant while driving without a license, the charges will only be worse. A misdemeanor for driving without a license will incur a probation up to three years, six months in jail, $1000 fine, a month impound of your car. If charged with infraction then you will see a maximum of a $250 dollar crime. Related offenses can include driving on a suspended or revoked license.

Defenses against driving without a license

The best way to fight against driving without a license, is to actually just get a license. An attorney can postpone the proceedings so the driver can get a valid drivers license.

Having an attorney that’s willing to go out of the way to postpone a case can help secure you a valid drivers license.

Drugs and Narcotic Crimes

Drugs and Narcotic Crimes

Drugs and Narcotic Crimes is an umbrella term that covers multiple different types of drug crimes. Drugs and Narcotic Crimes can range from possession, selling, transportation, manufacturing, or under the influence of drugs. Law enforcement is always under pressure from political and social influence. Therefore whenever drug busts that concerns drugs and narcotics are done there is always a possibility of rushed and reckless actions or misconduct on the police side. Example of a rushed and reckless action is if the police officer saw something suspicious and told you to immediately be ready for a search and seizure or open the trunk. Drugs and narcotics cases can also be handled with misconduct by law enforcement as well. Often times the officer will force the suspect into committing another crime known as “entrapment“. Drugs and Narcotics crimes is an easily misunderstood crime since a lot of the evidence and allegations mostly come from eye witnesses.drugs and narcotics

PUNISHMENTS for Drugs and Narcotics Crimes

It’s important to note however that Drugs and Narcotics crimes is not the actual crime. Whenever someone is charged with a drug and narcotic crime there is a group it falls into. Different types of drugs and narcotics will have varying effects on the charges. Having illegal substances or prescription drugs not registered to you carries the more severe consequences. Being under the influence of drugs without prescription, or with illegal substances can possibly give you 90 days in jail. This is the least punishing crime in the drugs and narcotics categories. Possession of drug paraphernalia such as pipes and needles can jail you up to six months. Transportation, selling, and manufacturing of drugs all carry the highest charges. These can include up to 7 years in prison.

It’s important to hire an attorney that knows the consequences and the different types of drugs and narcotics to help you in your case.

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