A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Robert Earl Filner is an American former politician who was the 35th mayor of San Diego from December 2012 through August 2013, when he resigned amid multiple allegations of sexual harassment. He later pleaded guilty to state charges of false imprisonment and battery. He is a member of the Democratic Party.
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
The mayor of the City of San Diego is the official head and chief executive officer of the U.S. city of San Diego, California. The mayor has the duty to enforce and execute the laws enacted by the San Diego City Council, the legislative branch. The mayor serves a four-year term and is limited to two successive terms.
The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.
Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental health needs of offenders and public safety concerns of communities. Like other problem-solving courts such as drug courts, domestic violence courts, and community courts, mental health courts seek to address the underlying problems that contribute to criminal behavior.
In the common law legal system, an expungement proceeding is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration. As a condition of probation defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete this program or violates any other term or condition of their probation, then probation can be revoked and the defendant may be required to serve an additional sentence which may include incarceration. The proposition was passed with 6,233,422 (60.86%) votes in favor and 4,009,508 (39.14%) against on November 7, 2000 and went into effect on July 1, 2001 with $120 million for treatment services allocated annually for five years. The act is codified in sections 1210 and 3063.1 of the California Penal Code and Division 10.8 of the California Health and Safety Code.
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in its prior decision in Harmelin v. Michigan, the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
California criminal law generally follows the law of the United States. However, there are both substantive and procedural differences between how the United States federal government and California prosecute alleged violations of criminal law. This article focuses exclusively on California criminal law.
Dan Quinn is a retired American professional mixed martial artist, boxer, and former collegiate football player. Quinn is notable for his advocacy of stevia as a performance-enhancing substance and fat burner.
The San Diego County District Attorney is the elected district attorney for San Diego County, California. This office is responsible for the prosecution of both felony and misdemeanor violations of California state law that occur within the jurisdiction of San Diego County, California. Courts within their jurisdiction includes the San Diego Superior Court, the California Court of Appeal for the Fourth District, and the California Supreme Court. Federal law violations are prosecuted by the U.S. Attorney for the Southern District of California. The current District Attorney is Summer Stephan, who replaced Bonnie Dumanis on an interim basis after the latter resigned in July 2017.
Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.
The Government of San Diego County is defined and authorized under the California Constitution, California law, and the Charter of the County of San Diego. Much of the Government of California is in practice the responsibility of county governments such as the Government of San Diego County. The County government provides countywide services such as elections and voter registration, law enforcement, jails, vital records, property records, tax collection, public health, and social services. In addition the County serves as the local government for all unincorporated areas.
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Proposition 36, also titled A Change in the "Three Strikes Law" Initiative, was a California ballot measure that was passed in November 2012 to modify California's Three Strikes Law. The latter law punishes habitual offenders by establishing sentence escalation for crimes that were classified as "strikes", and requires a mandatory minimum sentence of 25 to life for a "third-strike offense."
The San Diego County Public Defender's office is an agency of the government of San Diego County, California. It provides legal assistance to individuals charged with a crime in state court who are financially unable to retain private counsel. The office consists of the Primary Public Defender, the Alternate Public Defender, the Office of Assigned Counsel & the Multiple Conflicts Office. Mental health and juvenile court matters are handled by special units within the divisions.
As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure."
California Proposition 20 was a proposed initiated state statute on the ballot in the 2020 California elections. This initiative would have added more crimes to the list of non-violent felonies for which early parole is restricted, and would have required DNA collection for certain misdemeanors.
