Laws

Pretrial Assessment Services (PAS) is a division of the California criminal courts that determines whether newly-arrested defendants should remain in jail or get released on their own recognizance (OR) while awaiting 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 …

Police can seize a person’s cell phone when they have a search warrant, if you were doing something illegal with the cell phone, or if the cell phone contains evidence. 1. When does Nevada law permit officers to seize a person’s cell phone? There are three main circumstances under which law enforcement may seize your …

Maybe. It depends on the particular facts of the case. 1. How does California law define the “marital privilege”? The “marital privilege” (also known as the “spousal privilege”) is one of the more complicated California evidentiary privileges. This is because the privilege actually consists of two privileges. These are: the spousal testimonial privilege, and the …

We all know the police generally must get a search warrant before they can search someone’s home and seize property. But do law enforcement personnel have to obtain a court order for a wiretap? If so, when is an order granted? 1. When can the police obtain a search warrant? In general, police can obtain …

One of the most common questions DUI clients ask me is, “What if they didn’t read me my rights?” Unfortunately, police are generally not required to read Miranda rights at a roadside DUI investigation. This is why it is so important for people under arrest for DUI to invoke their right to remain silent. 1. Is lying …

The courts have generally upheld California’s Three Strikes Law as constitutional. However, there are times when its application constitutes “cruel and unusual” punishment which is unconstitutional. Fortunately, when this is the case, the law provides a remedy. The remedy is to appeal a California “three strikes” sentence. What is California’s three-strikes law? California’s “three strikes” …

Suppose you wish to appeal your California state conviction. In that case, you file your appeal in either the Appellate Division of the Superior Court or the California Court of Appeal and then, if necessary, with the Supreme Court of California. However, if you wish to appeal your California federal conviction, you would file a California …

Persons detained by the police for suspected criminal activity should never give a statement. Whether you are being detained for a simple traffic violation or for a serious crime, do not make a statement. You should always invoke your right to remain silent. 1. Do the police always have to read people their Miranda rights? …

Illegal fireworks are very dangerous in Nevada. Often small misfires can result in burns, brush fires, and even house fires. And Las Vegas’s dry, windy desert climate can turn a small fire into a massive disaster in a matter of seconds. 1. What is Nevada’s law on illegal fireworks? Nevada fireworks law makes it a …

People who get pulled over on suspicions of driving under the influence have the right to remain silent. This right means you do not have to answer an officer’s questions. If you do, however, make sure you tell the truth. A lie can expose you to further criminal charges. 1. What are some common scenarios …

In law, we frequently refer to the term “burden of proof.” This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common “burdens” are “preponderance of the evidence” and “beyond a reasonable doubt.” 1. What is the “preponderance of …

People convicted of certain sex offenses in California become registered sex offenders for life. They must register with their local police department(s) every time they change their residence and every year within five days of their birthday. But what if an offender forgets to register? Can he/she receive life in prison? Can the party raise …

California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. An attacker’s threats, though, must be immediate and a person must use no more force than is reasonably necessary to thwart the attack. But what if someone starts a fight? Can he claim self-defense as a legal …

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 …

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 …

Violating a restraining order is a criminal offense that generally stays on a person’s record unless the conviction is expunged or sealed. 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 …

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 …

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 …

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 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, …

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 …