Criminal Law

To request a bail review hearing, you must file a formal motion with the court and provide a copy to the prosecutor, arguing for a lower amount or release on your own recognizance (O.R.). Here is a s...

To obtain an Emergency Protective Order (EPO), a law enforcement officer must request it from an on-call judge on your behalf. This happens immediately following an incident where the officer believes...

To challenge a gang-related classification, your attorney will file motions to separate the gang allegations from the main trial and then argue that the prosecution has failed to prove the specific le...

To report identity theft in California, you must file a report with your local police or sheriff's department to obtain an official police report. This report is a critical legal document required for...

To formally withdraw a guilty plea, you must file a legal motion with the court and convince a judge that you have a valid legal reason ("good cause") to do so. The process depends on whether you have...

To qualify for military diversion, you must be a current or former U.S. military member suffering from a service-related condition, like PTSD or TBI, that contributed to the alleged crime. You must th...

After a minor is arrested in California, they are either released to a guardian or taken to juvenile hall, where the probation department and District Attorney decide whether to file formal charges an...

You pay court-ordered financial obligations through the county's collections department after receiving a formal notice. You can typically pay online, by mail, by phone, or in person, and you can requ...

You can find your court date and courthouse location by checking your initial paperwork, searching your county's Superior Court online portal, or calling the criminal court clerk's office directly. H...

To report a restraining order violation, you must call the police, provide the specific details of your court order, and give the officers a clear account and evidence of the violation to ensure an of...

To accept a plea bargain in California, you must formally waive your constitutional rights, sign a plea agreement form, and enter your plea verbally before a judge in open court. The judge must then f...

To find an inmate's custody status, you must use the online locator system for the correct jurisdiction. The California Department of Corrections and Rehabilitation (CDCR) handles state prisons, while...

To request restitution, you must document your financial losses resulting from the crime and submit this evidence to the prosecutor's office or the county probation department for the court's review. ...

To request a reasonable accommodation for a disability, you must complete and submit a specific form to the court at least five court days before your proceeding. The court provides these accommodatio...

To appeal a misdemeanor conviction in California, you must file a Notice of Appeal within 30 days of the judgment and then submit a written legal argument to the appellate division of the Superior Cou...

In California, you have a legal right to record police officers during a stop, provided you do so openly and do not interfere with their official duties. The following steps outline how to do this leg...

To surrender on a California arrest warrant with minimal complications, you should proactively arrange to appear in court, ideally with an attorney, rather than waiting to be arrested. This demonstrat...

To suppress illegally obtained evidence, you must file a formal written request, known as a Penal Code Section 1538.5 motion, with the court and serve it on the prosecutor. Here is how to file the mot...

To comply with California's sex offender registration law, you must complete an initial registration with local law enforcement and then diligently update your information annually and any time key de...

To reinstate your California driver's license after a court-ordered suspension, you must complete all court and DMV requirements, provide the necessary documents to the DMV, and pay all applicable fee...

A citizen's arrest allows a private person to detain someone for a crime, but it is a legally complex action with significant risks. The process requires you to have valid grounds for the arrest and t...

To modify a criminal restraining order, you must file a formal motion with the court that issued it, demonstrating a significant change in circumstances since the order was made. Here are the steps t...

If you are falsely accused of shoplifting, you should remain calm, state that you are exercising your right to remain silent, and do not consent to any searches. Avoid signing any documents or paying ...

As a victim of a crime in California, you have a constitutional right to give an impact statement at the defendant's sentencing hearing. To exercise this right, you must actively communicate with the ...

Resisting arrest under California Penal Code 148(a)(1) involves willfully resisting, delaying, or obstructing a peace officer while they are lawfully performing their duties. This can include physical...

A defendant can request pretrial mental health diversion by filing a formal motion with the court, supported by evidence from a qualified mental health expert. This request can be made at any time aft...

A typical California felony case begins with an arrest, followed by a first court appearance called an arraignment, and then a preliminary hearing to determine if there is enough evidence for the case...

To handle a traffic infraction in California, you must respond to the ticket by the deadline to choose how you will plead and resolve the matter with the court. You can either admit guilt and accept t...

For a first-time drug offender, the process involves having the prosecutor confirm your eligibility, agreeing to participate, and completing a court-approved drug treatment program in exchange for a d...

To determine if a past California criminal conviction prohibits you from owning a firearm, you must identify your specific conviction and check it against state and federal prohibiting categories. The...

Filing a complaint involves submitting a formal statement to the specific law enforcement agency, which is then required by law to investigate the claim and notify you of the outcome. California law m...

To properly respond to a subpoena for testimony, you must appear in court at the specified date and time unless you successfully challenge the subpoena in court beforehand. Here are the steps to take ...

To recover your personal property, you must obtain a court order or a property release form from the prosecuting agency and present it to the police department's evidence unit. Here is the general pro...

To seal your juvenile delinquency records, you must file a petition with the juvenile court in the county where your case was handled. The court will then hold a hearing to decide whether to grant you...

The process involves petitioning your local superior court for a Certificate of Rehabilitation after a required waiting period. If granted, the certificate automatically serves as an application for a...

To terminate your probation early, you file a formal petition with the sentencing court, providing evidence that you have completed all court-ordered requirements and have demonstrated good conduct. ...

To clear a bench warrant for a missed court date in California, you must formally appear before the judge to have the warrant "recalled" or canceled. You can do this by scheduling a court date yoursel...

To locate an arrested person, you should use the county sheriff's online inmate search tool or call the arresting agency's jail information line directly. Information is usually available a few hours ...

To post bail for someone in California, you can either pay the full bail amount directly to the jail or court, or pay a non-refundable fee to a bail bondsman to post the bail for you. The specific pro...

To legally respond to a criminal protective order, you must immediately comply with all its terms and attend the scheduled court hearing to present evidence and argue against it. You have the right to...

To get a domestic violence temporary restraining order (TRO), you must complete and file specific court forms, have a judge review them, and then have the other person legally served with the court-or...

To formally request a public defender, you must tell the judge at your arraignment that you cannot afford an attorney and ask the court to appoint one for you. You will then need to prove your financi...

To obtain a police report and other evidence, you must first make a written informal request to the prosecutor. If they do not provide the materials, you must then file a formal motion with the court ...

To invoke your rights, you must clearly and verbally state that you are exercising your right to remain silent and that you want a lawyer. You must then stop answering questions completely. Here are ...

If police ask to search your California home without a warrant, you should clearly state that you do not consent to the search but you must not physically resist or obstruct them if they decide to ent...

You can apply for financial assistance from the California Victim Compensation Board (CalVCB) by submitting a formal application with proof of your losses and cooperation with law enforcement. Here ar...

To reduce a felony "wobbler" conviction to a misdemeanor, you must file a formal petition with the court that handled your case and persuade a judge to grant your request. The process requires specifi...

To challenge your license suspension, you must contact a California DMV Driver Safety Office and request an administrative per se hearing within 10 calendar days of your arrest. Here is how to complet...

In California, if you were arrested but no criminal charges were ever filed, you are eligible to have your arrest record sealed by petitioning the court. This process makes the record unavailable to t...

To petition for a misdemeanor expungement, you must file a Petition for Dismissal with the court in the county of your conviction after successfully completing probation. Here is a step-by-step guide ...