TL;DR Misdemeanors generally appear on background checks, but California law strictly limits employers from accessing non-convictions, pardoned offenses, or records that are expunged or sealed under Clean Slate Laws. State background checks typically restrict reportable criminal convictions to a seven-year window prior to the check. California’s Ban the Box law prohibits employers from asking about …
In California, seven taser laws to know pertain to: Meaning of Taser and Stun Gun Lawful Owners Prohibited Areas Concealed Carry Self-Defense Defense of Property Penalties In this article, I discuss what you need to know about California taser laws to help you comply with them. 1. Meaning of Taser and Stun Gun Tasers are …
What Happens if a Juvenile Violates Probation in California? Top Defense Attorney ExplainsWatch this video on YouTube In California, the consequences of violating juvenile probation depend on the type of probation you are on. The judge at the violation hearing may tighten the conditions of your probation. However, the court can also: revoke probation and …
In California, minors who were under 16 at the time of the alleged offense generally cannot be tried as adults. Minors aged 16 or 17 can be transferred from juvenile court to criminal court only if: they are accused of a qualifying felony offense and the prosecutor seeks a transfer to adult court; and the …
TL;DR Missing jury duty in California usually leads to a second summons, but some courts may impose a fine after the first missed appearance. Ignoring a second jury summons can lead to contempt of court, which may carry fines, jail time, or both. California fines for missing jury duty can increase from up to $250 …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. In many of the cases I handle, it often allegedly involves a child. Physical penetration is not necessary for there to be lewd and lascivious conduct. An example is intentionally groping a minor. Lewd and lascivious conduct is …
TL;DR A police officer who writes a false report may face department discipline, including a warning, suspension, termination, or loss of pension benefits. False statements made under oath can lead to perjury charges, which are treated as a felony in California. California Penal Code 118.1 makes it a crime for police officers to include false …
Accidental homicide is when you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Accidental homicide is not a crime in California. However, you could face involuntary manslaughter charges under California Penal Code 192(b) PC if you killed someone by accident while …
In California, police code 211 is for a robbery or armed robbery, which is covered by California Penal Code section 211. There are also police codes for robbery alarms. Code 211A is for when a normal robbery alarm has been reported. Code 211S is for a silent robbery alarm. What is robbery in California? The …
A felony arraignment hearing is normally the first formal court appearance in criminal cases where you are charged with a felony offense. At the arraignment, the court will inform you of the crime(s) filed against you, advise you as to your constitutional rights, address issues of bail and release from custody, and accept a plea …
Specific intent crimes are misdemeanors or felonies where a prosecutor must prove (and beyond a reasonable doubt) that you intended to commit a certain harm. This means a specific intent is a necessary element of the crime itself. Examples of specific intent crimes are: burglary, forgery, and robbery. In contrast, general intent crimes are offenses …
California is a “two-party consent” state, meaning it is unlawful to record a conversation without all parties’ consent. Without everyone’s consent, you are unlawfully eavesdropping under California Penal Code 632 PC. Here are five key things to know: Eavesdropping is a wobbler, meaning that it can be charged as a misdemeanor or a felony.1 Misdemeanors …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
Is PTSD a Defense to Crimes in California? Top Defense Lawyer ExplainsWatch this video on YouTube You are charged with sexual assault in connection with a domestic violence matter. However, you believe you committed the crime because you were easily startled due to your post-traumatic stress disorder (PTSD). Is it possible to use your PTSD …
What is a "Humprey Hearing"? Can it help me get out of jail?Watch this video on YouTube In the California criminal justice system, a “Humphrey hearing” is a court hearing held soon after you are arrested for a crime. A judge holds the hearing to ensure that you are not kept in custody following an …
What Are Brady Violations? 7 ExamplesWatch this video on YouTube 7 common examples of a Brady violation in criminal trials are when a prosecutor fails to disclose to a criminal defendant (or a defense attorney): evidence of a record or report that might suggest the defendant did not commit a crime (such as a law …
What is indeterminate sentencing? How it worksWatch this video on YouTube In California, an indeterminate sentence is a prison sentence with a minimum amount of time, but no fixed release date. An example is a sentence of “10 to 20 years in prison.” It is up to the parole board to determine the date of …
Solicitation of a minor is a criminal offense where a person engages in a conversation with a minor, and during that conversation, solicits or asks the minor to meet up to partake in a sexual act. This crime is sometimes referred to as meeting with a minor for lewd purposes, or online solicitation of a …
LEGAL ANALYSIS — Does California Have a "Romeo & Juliet" Law?Watch this video on YouTube There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself.1 What are Romeo …
Most jurisdictions say that you have to be charged with a hit-and-run case within either: one year from the date of the accident, if the crime is charged as a misdemeanor, or three years from the date of the accident, if the crime is charged as a felony. Note that the time by which a …
Legal Analysis: Falsely accused of rape in California?Watch this video on YouTube If you have been falsely accused of rape, you have defenses at your disposal. These include showing that the allegations have an ulterior motive, that there was no intercourse, or that the sex was consensual. There are also numerous things that you should …
Unsupervised probation is a type of probation authorized in many states where you report directly to the court rather than to a probation officer. This is typically a more relaxed form of probation that is reserved for misdemeanor offenders that pose a low risk of harm to the community. As with supervised probation, you must …
Restraining orders are generally part of the public record. One consequence of this is that a restraining order will likely appear on a criminal background check. This can sometimes have ramifications in terms of securing employment, housing, and other benefits. A restraining order is a court order that forbids a specific person from threatening, harassing, …
The three most common things to bargain for during plea negotiations for a felony offense are: reducing the charge, preferably to a misdemeanor, a shorter jail or prison sentence or, if possible, no jail time at all, and more lenient terms of probation. The plea bargain process is a negotiation between the prosecution and you …
According to most jurisdictions, the top 5 reasons why a judge may terminate your probation early are that you: complied with all the terms of your probation, avoided any new arrests or criminal charges, paid all fines, fees, court costs, and restitution, did not commit any probation violations, and would experience a hardship if you …
