If you are charged with a crime in Alameda County, California, you should hire your own Alameda County criminal defense lawyer. Relying on an Alameda County Public Defender instead of your own private attorney is a risky proposition. “You have the right to an attorney. If you can’t afford an attorney, one will be appointed …
The terrorist organization known as ISIS uses social media and other means to actively recruit individuals around the globe, including Americans, to join them in the Middle East. If you attempt to travel abroad with the intent of joining ISIS or any other terrorist group, you will be charged with a serious federal offense and …
You want to see “Star Wars: The Force Awakens” for the 20th time but don’t want to pay. But if you sneak into a movie you haven’t paid for in San Jose, you are technically committing a crime and could face criminal charges. Trespassing When you buy a ticket at a movie theater box office, …
We all have a constitutional right to a fair trial. When events happen during the course of a California criminal trial which put that right at risk, or if a jury is unable to reach a verdict, the judge may declare a mistrial. What is a “Mistrial”? Just like a “misfire” of a gun is …
Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Francisco is a violation of California law and can get you arrested and charged with a crime. California Penal Code Section 350 prohibits the manufacturing, sale, or possession for sale of …
If you are convicted for manufacturing drugs near an Alameda County school, be prepared to serve an even longer prison sentence than you would if the crime was committed anywhere else. In August 2015, Gov. Jerry Brown signed SB 212 into law. New Health and Safety Code Section 11379.6 permits judges to tack on up …
Terrorism is in the news almost every week. When someone who commits or attempts to commit an act of violence or tries to join ISIS is charged with “terrorism” though, what exactly does that mean? “Terrorism” is a distinct federal criminal offense. Unsurprisingly, the federal government is particularly aggressive in finding and prosecuting those suspected …
If you get into a bar fight in Ventura County, you could find yourself hitting the floor, visiting the ER, and, potentially, going to jail. There are a number of separate California criminal offenses you can be charged with as a result of a bar fight. Four criminal charges you may face are: Disturbing the …
It’s true that California and federal law take the crime of mail theft very seriously. Under Penal Code 530.5(e) PC, theft of US mail is a misdemeanor carrying a maximum county jail sentence of one (1) year. And you can be guilty of this crime not just for stealing someone else’s mail–but for removing the …
California is likely to experience a very strong El Nino this year. This means that floods, windstorms, mudslides, severe car accidents and other natural and man-made disasters may be rampant. This means that California cops may be making a larger-than-usual number of arrests for the following crimes: Sightseeing at an emergency. Penal Code 402 PC sightseeing at …
When you’ve been pulled over, detained by police, or arrested in San Diego, it can be a bad situation. The last thing you want to do is make it worse. If your emotions get the better of you, or forget your constitutional rights, however, that’s exactly what can happen. Here are three things you definitely …
Whether you think it is justified or not, being pulled over by police is an unpleasant experience. While it is never fun, keeping the following things in mind can make the process go a whole lot easier: Don’t Coast: If you see lights behind you, do not coast for a few blocks while you find …
Penal Code 148.9 PC is a crime of presenting false identification to a peace officer or a police officer in California, and it’s a crime when you do so with the purpose of evading the process of the court or preventing the police officer from properly identifying you. So this could be presenting a false name, …
I want to talk today about probation violation hearings, or what are sometimes called probation revocation hearings. As a former deputy district attorney, I prosecuted literally hundreds of probation violation hearings. And now, as a criminal defense attorney, I defend people in probation violation hearings. Now, when you’re placed on probation, the judge will impose …
The public thinks of police lineups as a reliable way to catch criminals. TV shows and movies help give them that impression. But that impression is just wrong. Mistaken eyewitness identification is the number one cause of wrongful convictions in America. Many pretrial lineups are structured in a way that may prod the witness to …
Anyone who has ever watched a cop show in America is familiar with the sentence, “You have the right to remain silent.” This warning, part of the famous “Miranda rights,” is usually taken to mean that your choice to remain silent will not be held against you if you are charged with a crime. Unfortunately, …
Strictly speaking, yes. As of now, California criminal defendants could–in theory–use the so-called “affluenza” legal defense to reduce their criminal sentences, or even avoid criminal liability altogether In 2013, a wealthy 16-year-old in Texas named Ethan Crouch drove drunk and plowed his father’s pickup truck into a group of Good Samaritans helping a disabled vehicle. …
