Tulelake Misdemeanor Lawyer, California

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Benjamin Magid
About | Practice Areas
Magid Law
112 Main Street Weaverville, CA 96093» view map
Criminal Defense Law
Experienced, Aggressive Criminal Defense

Hiring a criminal defense attorney is one of the most important decisions you will ever make. Don’t be a victim of the system. Choose Benjamin Magid as your attorney.

800-761-7580
1. Benjamin Magid Weaverville, CA
  Attorney at Law - CA, 2018
  Beasley School of Law J.D.
2. AboutMagid Law
  Experienced, Aggressive Criminal Defense
3. Practice AreasExpertise
  Criminal Defense Law
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LEGAL TERMS

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

IMPRISON

To put a person in prison or jail or otherwise confine him as punishment for committing a crime.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

SAMPLE LEGAL CASES

People v. Feyrer

... Defendant Jesse Feyrer was charged with assault by means of force likely to produce great bodily injury, an offense punishable either as a felony or a misdemeanorâ€”commonly known as a "wobbler." It also was alleged defendant personally inflicted great bodily injury upon the ...

People v. Mauch

... Code, Â§ 11358) to a misdemeanor. We agree the trial court lacked authority to reduce the offense from a felony to a misdemeanor, and we therefore vacate defendant's plea and direct the trial court to reinstate the charge as a felony. 673 I. ...

People v. Garcia

... (b).) Involuntary manslaughter based on "an unlawful act, not amounting to felony"â€”a killing resulting from the commission of a misdemeanorâ€”requires proof not only that the defendant acted with general criminal intent but also that the predicate misdemeanor was dangerous ...

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Tulelake Misdemeanor Lawyer, California

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