Blog: Laws

Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with …

Under California Penal Code 24610 PC, the following acts are illegal in California when it comes to undetectable firearms: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess Undetectable firearms are also referred to as plastic guns or ceramic guns. They are firearms that go undetected in …

The statute of limitations for PAGA claims is 1 year. The Private Attorney General Act lets California workers file lawsuits against their employer for violating labor laws. To do so, the workers have to follow pre-filing requirements. This all has to be done before the statute of limitations has expired. If the statute of limitations …

Senate Bill 1129 was signed into law by Gov. Brown in September 2018. The bill applies to divorce proceedings and it has two main impacts on California’s divorce laws. These are: it prohibits spousal support to those spouses convicted of a violent sexual felony or a domestic violence felony, when the acts were committed against …

Yes, it is illegal to remove a VIN number. Doing so can violate state law. It is also a violation of federal law. There are, however, some exceptions that can apply. Under federal law, removing a VIN number is a felony offense. A conviction can carry up to: 5 years in jail, and $250,000 in …

In some felony cases it may be beneficial for the accused to waive the preliminary hearing. (See Penal Code 860). Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be …

There are 7 important traffic laws that apply to electric scooters in California. They require electric scooter, or E-scooter, riders to: 1. Wear a helmet if they are under 18 years old, 2. Ride at a maximum speed of 15 miles per hour, 3. Use bike lanes where available, 4. Ride alone, off the sidewalk, …

California no longer has an “attractive nuisance” doctrine. This doctrine essentially makes property owners liable to injured children who have trespassed onto their property to explore something that could reasonably induced them to trespass. Objects that might cause this trespassing include a: swimming pool, pond, or trampoline. While there are no longer special instructions for …

Under the law in most states, there is no difference between a protective order and a restraining order. The two terms are used interchangeably. Both are described as a court order that is designed to protect a person from: harassment, physical abuse, stalking, or threats by another person – that is specifically named in the …

Violating a restraining order does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order. A violation of this statute can be charged as either a misdemeanor or a felony, depending on the …

Under California self-defense laws, you have the right to “stand your ground” and protect yourself without retreating under certain circumstances. There is no statute that authorizes this right. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without first trying to escape or run away (stand your …

A student can be suspended or expelled for threatening to physically harm another person during school or a school activity. A student can also be suspended or expelled if he or she makes a terroristic threat against a school official or school property, even after school hours. Students are engaged in school or school activities …

A spring assisted knife is legal as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or …

Pretrial Assessment Services (PAS) is a division of California criminal courts that determines whether newly-arrested defendants should remain in jail or get released on their own recognizance (OR) while they are pending trial. PAS conducts “pretrial risk assessments” of newly-arrested people to determine whether they are at a low-, medium-, or high-risk of: hurting someone …

A criminal lawyer in California may offer his clients payment plans Criminal attorneys in California may offer payment plans. They are not required to do so though. It is in the lawyer’s discretion as to whether he will offer this form of payment. And, if provided, the lawyer might still require a retainer up front, …

There are three good excuses for a defendant to use if he fails to appear in a California court for his criminal charges. These are that his failure to appear: was not on purpose (e.g., he was unaware of the court date), was not meant as an intent to evade the court, and occurred because …

A person has to be 18 years or older to get a tattoo in California. In fact, it is a crime if a person “inks” someone under the age of 18. California Penal Code 653 PC is the California statute that makes it a criminal offense for a person to tattoo, or to offer to …

Senate Bill 1100 was signed into law by Gov. Brown in September 2018. The bill prohibits the sale or transfer of any firearm by a licensed dealer to any person under 21 years of age. SB 1100 does provide a few exceptions though to this general prohibition. For example, the bill does not apply to …

Senate Bill 1050 was signed into law by Gov. Brown in September 2018. The bill provides three new laws regarding exonerated inmates. These are: A person does not have to register as a sex offender if exonerated of a crime; The Department of Corrections and Rehabilitation must assist an exonerated inmate with certain transitional services …

Senate Bill 923 was signed into law by Gov. Brown in September 2018. The bill establishes several new standards that must be used in eyewitness identification procedures, as used in California criminal investigations. For example, under SB 923, immediately after viewing a lineup of suspects, an eyewitness has to provide a statement that voices his …

Assembly Bill 2327 was signed into law by Gov. Brown in September 2018. According to the bill, any state agency hiring a law enforcement officer must now review that officer’s history of public complaints, and any investigations conducted therein, prior to employment. AB 2327 marks a change in California law. Prior to the bill, an …

California law tacks on a five-year penalty enhancement (i.e., an additional five years in jail) for persons convicted of a serious felony, IF, they have a prior conviction for a serious felony. But, pursuant to Senate Bill 1393, California law now also states that a judge may strike a prior serious felony conviction to avoid …