Category Archives: Criminal Procedure

Grand Theft – of a firearm [Penal Code 487(d)]

The crime of “theft” is generally defined in Penal Code section 484.  There are several different theft crimes, depending on the value of the property, how the property is taken or in this case, what the stolen item is. What is Grand Theft of a Firearm in California? Under Penal Code section 487(d), the theft [...]

What is a Bench Warrant?

I just found out I have a Bench Warrant for my arrest! What does that mean? Simply put, a bench warrant is a warrant for your arrest issued by a judge not necessarily for new charges, but because you either didn’t do something you were supposed to do or you did something you were ordered [...]

Should I give a statement to the police?

What’s wrong with giving a statement to the police? If I didn’t do anything wrong, what’s the harm in giving a statement to the police?  Even if somebody doesn’t want to press charges against you after an incident, giving a statement to the police isn’t a good idea.  Why? Several things… First, it’s not up [...]

How can you find what’s on your background check?

How do I find out what shows up on my background check? Many people ask what shows up on their criminal history.  Sometimes, it’s because they were detained by the police, but weren’t sure if they were arrested.  They may have been arrested, but never went to court.  Or – their case was resolved in [...]

Speedy trial rights and the 10 day rule

If you are ever in court and hear cases referred to as being on day “zero of ten” or ” ____ of 10″ – what does that mean? There are two typical scenarios where the ten days comes into play. First is for a preliminary hearing on a felony case, but that ten days is [...]