13 Trackbacks

1. What is “statutory rape”? | Law Office of Joe Dane - Criminal Defense Attorney - October 2, 2008 at 9:23 am

   [...] Even if both participants are under 18, it is still a crime! Whether the charge is a felony or a misdemeanor depends on the age difference between the two people having sex. If the age difference is less than [...]

2. I was arrested, but bailed out. No charges were filed by my court date - now what? | Law Office of Joe Dane - Criminal Defense Attorney - October 19, 2008 at 5:30 pm

   [...] cases, up to three years from the date of the crime to file felony charges and up to a year to file misdemeanor charges. It just means that for some reason, your case was not filed by the date you were told to [...]

3. What are the laws about knives in California? | Law Office of Joe Dane - Criminal Defense Attorney - October 24, 2008 at 7:33 am

   [...] knives that can be opened with the push of a button, a flick of the wrist or gravity.  It is a misdemeanor to carry one of these [...]

4. Is a petty theft/shoplifting charge a big deal? | Law Office of Joe Dane - Criminal Defense Attorney - November 17, 2008 at 3:26 pm

   [...] can be filed as a felony.  For example, if you were arrested for shoplifting and are convicted of misdemeanor petty theft, then ten years later, you are arrested for any theft, the new theft can be filed as a [...]

5. What Happens at the First Court Appearance | Law Office of Joe Dane - Criminal Defense Attorney - February 8, 2009 at 11:31 pm

   [...] legal “clock” starts ticking. Depending on whether you are charged with a felony or a misdemeanor, that time frame is [...]

6. My son was arrested for misdemeanor shoplifting. Now he faces felony burglary charges. How did that happen? | Law Office of Joe Dane - Criminal Defense Attorney Serving Orange County - March 9, 2009 at 5:40 am

   [...] intent, the burglary charge must be dismissed.  Since burglary is a felony and shoplifting is a misdemeanor, the difference between the two is [...]

7. Possession of less than ounce of marijuana infraction | Law Office of Joe Dane - Criminal Defense Attorney Serving Orange County - October 3, 2010 at 1:11 pm

   [...] under California law, possession of less than an ounce of marijuana is the lowest level misdemeanor possible.  The maximum possible punishment is a fine of no more than $100, but it is still a [...]

8. What are speedy trial rights and statute of limitations? | Orange County Criminal Defense Attorney - Law Office of Joe Dane - December 2, 2010 at 4:15 pm

   [...] time to file is the statute of limitations.  In general, on a misdemeanor, the prosecution has up to a year to file charges from the date of the incident.  Most felonies [...]

9. Marijuana soon to be just an infraction – 11357(b) changes coming - January 18, 2011 at 5:41 pm

   [...] under California law, possession of less than an ounce of marijuana is the lowest level misdemeanor possible.  The maximum possible punishment is a fine of no more than $100, but it is still a [...]

10. What is the statute of limitations? How does that affect speedy trial rights? - January 18, 2011 at 7:20 pm

    [...] time to file is the statute of limitations.  In general, on a misdemeanor, the prosecution has up to a year to file charges from the date of the incident.  Most felonies [...]

11. Court date in Orange County but can’t be there? What do you do? - February 24, 2011 at 4:43 pm

    [...] you have an upcoming date in court for a misdemeanor criminal case, but you cannot appear on that date, what do you do? For example, let’s say you have a family [...]

12. What is Probation? - February 24, 2011 at 4:43 pm

    [...] a person while on probation was to break the law (something of a felony or misdemeanor level, not just a traffic infraction), then the judge could find them in violation and impose any [...]

13. Is shoplifting or a petty theft charge a big deal? - February 24, 2011 at 4:50 pm

    [...] it can be filed as a felony. For example, if you were arrested for shoplifting and are convicted of misdemeanor petty theft, then ten years later, you are arrested for any theft, the new theft can be filed as a [...]