Call us 24/7
(866) 589-3450
It is not double jeopardy to charge a person in state and federal court, provided that he did some act that violated both state and federal laws It is not double jeopardy to charge a person in state and federal court, provided that he did some act that violated both state and federal laws. The …
Per Penal Code 647.6 PC, child annoyance is a type of criminal conduct in California. This conduct occurs when: a person engages in an act directed at a child (under the age of 18), the act is motivated by sexual interest in the child, and a normal person would have been disturbed, irritated, or injured …
Gender does affect BAC, or blood alcohol concentration. Women will reach a higher BAC than men if the two genders consume alcohol at a similar rate. There are three main reasons why a female will reach a higher BAC than a male. These are: women have lower water content in their bodies than men, females …
The top 5 causes of eyewitness misidentification are: limitations in human memory, witness stress and anxiety, suggestive or misleading police procedures, cross-race biases, and the fact that witnesses tend to focus more on weapons than a perpetrator’s identity. “Eyewitness misidentification” refers to when a crime victim or eyewitness mistakenly identifies someone as the perpetrator of …
A bench warrant (“BW”) issued in California does not expire. It remains in effect until either: the subject of the warrant dies, or the warrant gets cleared. In California, a person can clear a BW by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. …
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 …
Shoving someone can be considered both: an assault, per California Penal Code 240, and a battery, per California Penal Code 242. California law says that an assault is an attempt to commit a violent injury on someone else. Shoving a person can definitely equate to trying to hurt another person. The law also says that …
Under California law, it is a crime for a person either to use and be under the influence of a benzodiazepines such as Xanax, per Health and Safety Code 11550, or to possess them, unless lawfully prescribed, per Health and Safety Code 11375.Benzodiazepines, also known as “benzos,” are the most commonly abused type of prescription drug in …
The determination as to whether a California burglary offense (under Penal Code 459) gets charged as a felony or a misdemeanor depends on whether the crime is charged as a: first-degree burglary, or a second-degree burglary. First-degree burglary is burglary of a residence and it is always charged as a felony. Second-degree burglary is burglary …
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, …
While a first-time offense of indecent exposure (“IE”), per Penal Code 314, is charged as a misdemeanor in California, a second offense will result in a felony charge. Indecent exposure can also be charged as a felony if it is a form of “aggravated” IE. Indecent exposure itself means a male or female: willfully exposes …
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 …
Eating before, or during the course of drinking, slows the rate at which alcohol is absorbed into a person’s body. This decrease in absorption means less alcohol enters the bloodstream, as compared to the situation when no food is eaten. Less alcohol entering the bloodstream results in a lower blood alcohol concentration (“BAC”). Other factors …
Can I modify my jail or prison sentence during the COVID-19 crisis? There are three ways in which a person can try to modify a criminal sentence in California. These are when the person: files a motion for resentencing, appeals his sentence, and brings a writ of habeas corpus petition. There are also two ways …
Mistakes within a police report can have a significant impact on a DUI case – for the betterment of a person accused, or charged with, DUI. Mistakes could lead to charges getting reduced or even dismissed. Errors on a police report could show any of the following: no basis or probable cause for an initial …
5 crimes that will get you “life without parole” in California are: first-degree murder, per Penal Code 187; felony-murder, per Senate Bill 1437; rape, per Penal Code 261 PC, if the defendant had a prior conviction of rape; sexual penetration, per Penal Code 289, if the defendant tortured the victim while committing the crime; and, …
Xanax is a drug that can be legally prescribed in California. If a person has a legal prescription for Xanax, it is lawful for him to drive after taking the drug, if taken as a medication. However, it is illegal under California Vehicle Code 23152(f) for a motorist to drive under the influence of drugs …
Assembly Bill 2845 was signed into law by Gov. Brown in September 2018. The bill prohibits employers with five or more employees to do such things as: ask potential employees or applicants about their conviction history; inquire into or consider an applicant’s conviction history until after an employment offer has been made; and, consider an …
It is a crime in California for a person to view the inside of a bathroom via a camera. California Penal Code 647(j) PC is California’s criminal “invasion of privacy” law. This law states that it is illegal for a person to view the inside of a room or area in which a person has …
Devocalization is the procedure where a dog’s or cat’s vocal cords are cut to eliminate their ability to bark or meow. Under California law, this procedure is generally legal. However, 24 CFR 960.707 makes it unlawful to require people to remove their pets’ vocal chords as a condition of living in public housing. Further, Section …
Education Code 35330(d) is the California statute that provides school districts with field trip immunity. This immunity generally means that school districts are not liable for any injuries that persons suffer when on a field trip. “Persons” include: students, teachers, and chaperones. Please note, however, that despite this immunity, an injured party on a field …
California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped: gain the support of the prosecutor, request a copy of the …
Under California criminal law, a statute of limitations (“SOL”) refers to the maximum time period for which a prosecutor can file criminal charges. There are, however, a few California crimes that have no limitations period. Under California Penal Code 799 PC, charges of the following crimes can be brought against a person at any time: …
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 …
It is a crime in California if a person intentionally shoots a BB gun at another person, per California’s assault and battery laws. This holds true even if a person shoots at someone else and misses. Depending on the specific facts involved in the shooting, the shooter could be charged with: battery, per California Penal …