California criminal law - discharged and dismissed

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Exempt Property — In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors. Exhibits — A document or item which is formally introduced in court and which, when accepted, is made part of the case file. Exigent Circumstances - An emergency, demand, or need calling for immediate action or remedy that, for instance, would justify a warrantless search.

Exonerate - Removal of a charge, responsibility or duty. Ex Parte - On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing. Ex Parte Communication — Communication about a lawsuit between a judge and one party, witness, attorney, or other person interested in the litigation when all of the parties are not present and the absent party did not have notice.

Ex Parte Proceeding - The legal procedure in which only one side is present or represented. It differs from the adversary system or adversary proceeding, and is only lawful in limited circumstances. For example, a hearing for a temporary restraining order. Ex Post Facto - After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for an act that was lawful at the time it was performed.

Express Warranty - An affirmation of fact or promise made by the seller to the buyer that is relied upon by the buyer in agreeing to the contract. Expungement - Official and formal erasure of a record or partial contents of a record. Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Extrinsic - Foreign, from outside sources. Family Allowance - A small amount of money set aside from the estate of the deceased.

"Civil compromise" to get California criminal charges dismissed

Its purpose is to provide for the surviving family members during the administration of the estate. Felony — A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.

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Filed in Open Court - Court documents entered into the file in court during legal proceedings. Final Order — An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement. Finding - Formal conclusion by a judge or regulatory agency on issues of fact.

Also, a conclusion by a jury regarding a fact. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance. Foundation - Preliminary questions to a witness to establish admissibility of evidence; i. Fraud - Intentional deception to deprive another person of property or to injure that person in some way.

Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime. Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search or interrogation. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation.

Fugitive - A person who flees from one state to another to avoid prosecution. General Damages - Compensation for the loss directly and necessarily incurred by a breach of contract. General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Good Faith — Honest intent to act without taking an unfair advantage over another person.

How to Terminate Your Probation Early in 5 Simple Steps (PC 1203.03)

This term is applied to many kinds of transactions. Good Time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence. Grand Jury - A jury of inquiry convened to determine whether evidence against a defendant justifies issuing an indictment; comprised of not more than 18 and not less than 15 persons, with at least 12 concurring before an indictment may be returned.

Grantor or Settlor - The person who sets up a trust. Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If both die, it usually will be a close relative.

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See also Conservatorship. Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful prejudicial to require that the judgment be reversed on appeal. Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard.

Clearing a Criminal Record - Expungement -

Hearsay — Testimony by a witness concerning events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability. Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.

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  8. Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence. Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose. Implied Consent — Knowing indirectly through conduct or inaction that a person would agree or give permission.

    Implied Warranty of Merchantability — An assumption in law that the goods are fit for the ordinary purposes for which such goods are used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold.

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    Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence. In Camera - In chambers or in private. In-Custody Arraignments jail cases — Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means. Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

    Indictment — The written accusation by a grand jury that charges a person named in the indictment with the violation of a law.

    Cal. Pen. Code § 871

    Indictments are used for felony charges, not misdemeanors. Indigency - Financial inability to hire a lawyer or pay court costs. Indigent - Needy or impoverished. Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury. Informations are used for felony charges, not misdemeanors.

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    • When does the discharge occur??
    • Discharge Definition:.

    Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions. The heir or beneficiary pays this tax. Also called first appearance. Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent. Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

    Also called charge to the jury. Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.

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