In booking documents and citations, VC is an abbreviation for California Vehicle Code, PC is an abbreviation for California Penal Code, and HS is an abbreviation for California Health and Safety Code. These abbreviations and different codes are used to help police identify which California law a person is suspected of violating. For example, if …
The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either: a misdemeanor, a felony, nothing if you are exempt under your state’s concealed carry laws, or nothing if you are a resident of a “Constitutional Carry” state. Most state laws …
A new California law limits the duration minors can be placed in solitary confinement. Minors in juvenile detention centers can only be held in solitary confinement for up to 4 (four) hours, absent special circumstances. On January 1, 2018, the California State Legislature enacted specific guidelines concerning minors in solitary confinement in a juvenile detention …
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 have induced them to trespass. Objects that might cause this trespassing include a: swimming pool, pond, or trampoline. While there are no longer special instructions …
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 …
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 …
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 …
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 …
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 …
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 …
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? …
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 …
Jails and prisons are supposed to release prisoners promptly once their sentence is completed. But sometimes they fail to do so. This is commonly referred to as “overdetention”. The primary remedy for overdetention is a civil lawsuit seeking monetary damages. If the person is still in jail, a judge can also order the jail or prison to release …
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 …
In most cases, merely owning a counterfeit law enforcement badge – or other counterfeit law enforcement identification, such as certificates and insignias – is not a crime. But be careful. Using a fake police badge in certain ways could lead to charges of impersonating a police officer under California Penal Code 538d. This misdemeanor crime …
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 …
Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity…to agents of the police who infiltrate criminal organizations and report on their activities. No doubt informants are a very …
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, …
