TMAS 3 Exam – Practice Questions &
Certification Study Guide
Wobbler - -- answer --a crime that can be either a misdemeanor or felony.
Punishable by imprisonment in either the state prison or county jail and/or fine.
Treated as felonies by LEOs.
Infraction - -- answer --issued citation instead of arrest
Not entitled to a jury trial or to representation by a public defender, except in
cases involving arrest.
Post release Community Supervision (PRCS) - -- answer --Subject to warrantless
searches
Supervised by county probation officers
Parole search - -- answer --No 4th amendment protection (always searchable)
1170 PC Supervision - -- answer --may have search condition (determine scope)
Probation search - -- answer --May have search conditions (determine scope)
,Principals to a crime - -- answer --all persons involved in the commission of a
misdemeanor or felony (arrested and prosecuted)
Aid and abet - -- answer --someone who actively assists, supports, promotes,
encourages, strengthens, or instigates by act or advice, the commission of an
offense (person must have knowledge of the unlawful purpose)
abet: having a guilty knowledge and felonious intent
aid: actively assisting or supporting without knowledge of guilt.
Accessory to a crime - -- answer --anyone who, after a felony is committed, has
knowledge that the principal has committed, charged with, or has been convicted
of a felony and harbors, conceals, or aids a principal in the felony (assists the
principal to escape arrest, trial, conviction, punishment).
Accomplice to a crime - -- answer --a principal to a crime becomes an accomplice
when they testify for the prosecution against another principal.
LD 6: 484 PC - -- answer --Theft
Crime elements: The taking and carrying away of personal property of another
without consent with intent to permanently deprive the owner.
Not all thefts require "intent to permanently deprive" (e.g. Vehicle
embezzlement).
Wobblers and punishable as felonies
Real property - -- answer --land and immovable property
, Personal property - -- answer --movable objects
Control - -- answer --ability to exercise a restraining or directing influence over
something (theft requires that the property that is taken be under the control of
the person it is stolen from).
LD 6: Intent - -- answer --It is not necessary that the thief's intent be for the
purpose of personal gain; the intent needs to be to permanently deprive the
owner of the property.
498(b) PC - -- answer --theft of utility services
10851 VC - -- answer --Crime elements: the driving or taking of a vehicle not the
person;s own without consent with intent to temporarily or permanently deprive
the owner of title or possession of such vehicle.
Felony
Person arrested for 10851 must have driven or taken the vehicle on a permanent
or temporary basis.
If the intent was to permanently deprive the owner, the suspect may be arrested
for grand theft.
Motives: Joyriding, transportation, instrument of another crime, profit
Recognizing stolen vehicles: location, license plates/identification, appearance,
etc.
537 PC - -- answer --Crime elements: the obtaining of food, services, or
accommodations at a designated facility without paying with intent to defraud
the proprietor or manager.
>$950 = Felony, otherwise a misdemeanor
Certification Study Guide
Wobbler - -- answer --a crime that can be either a misdemeanor or felony.
Punishable by imprisonment in either the state prison or county jail and/or fine.
Treated as felonies by LEOs.
Infraction - -- answer --issued citation instead of arrest
Not entitled to a jury trial or to representation by a public defender, except in
cases involving arrest.
Post release Community Supervision (PRCS) - -- answer --Subject to warrantless
searches
Supervised by county probation officers
Parole search - -- answer --No 4th amendment protection (always searchable)
1170 PC Supervision - -- answer --may have search condition (determine scope)
Probation search - -- answer --May have search conditions (determine scope)
,Principals to a crime - -- answer --all persons involved in the commission of a
misdemeanor or felony (arrested and prosecuted)
Aid and abet - -- answer --someone who actively assists, supports, promotes,
encourages, strengthens, or instigates by act or advice, the commission of an
offense (person must have knowledge of the unlawful purpose)
abet: having a guilty knowledge and felonious intent
aid: actively assisting or supporting without knowledge of guilt.
Accessory to a crime - -- answer --anyone who, after a felony is committed, has
knowledge that the principal has committed, charged with, or has been convicted
of a felony and harbors, conceals, or aids a principal in the felony (assists the
principal to escape arrest, trial, conviction, punishment).
Accomplice to a crime - -- answer --a principal to a crime becomes an accomplice
when they testify for the prosecution against another principal.
LD 6: 484 PC - -- answer --Theft
Crime elements: The taking and carrying away of personal property of another
without consent with intent to permanently deprive the owner.
Not all thefts require "intent to permanently deprive" (e.g. Vehicle
embezzlement).
Wobblers and punishable as felonies
Real property - -- answer --land and immovable property
, Personal property - -- answer --movable objects
Control - -- answer --ability to exercise a restraining or directing influence over
something (theft requires that the property that is taken be under the control of
the person it is stolen from).
LD 6: Intent - -- answer --It is not necessary that the thief's intent be for the
purpose of personal gain; the intent needs to be to permanently deprive the
owner of the property.
498(b) PC - -- answer --theft of utility services
10851 VC - -- answer --Crime elements: the driving or taking of a vehicle not the
person;s own without consent with intent to temporarily or permanently deprive
the owner of title or possession of such vehicle.
Felony
Person arrested for 10851 must have driven or taken the vehicle on a permanent
or temporary basis.
If the intent was to permanently deprive the owner, the suspect may be arrested
for grand theft.
Motives: Joyriding, transportation, instrument of another crime, profit
Recognizing stolen vehicles: location, license plates/identification, appearance,
etc.
537 PC - -- answer --Crime elements: the obtaining of food, services, or
accommodations at a designated facility without paying with intent to defraud
the proprietor or manager.
>$950 = Felony, otherwise a misdemeanor
