California Legal Blog – A Deep Dive Into Issues That Affect Your Life

Gynecologists and Sexual Battery: When a Doctor Crosses the Line

Posted on July 11, 2016 | Category: Sexual Assault

Many women are resigned to an uncomfortable experience when they go to the gynecologist. But what happens when a doctor takes advantage of a patient’s vulnerability? Every year, a surprising number of doctors are accused of sexual battery and/or invasion of privacy. So when exactly does a doctor’s behavior cross the line? Was there intent? It is …

5 surprising ways your name could affect your chances in court

Posted on July 7, 2016 | Category: Laws

Justice is supposed to be blind. But as any great attorney can tell you, we form first impressions quickly. Who sounds more guilty of a crime? Ian Brady or Iain Bradbeer? Andrei Chikatilo or Andy Chick? Tom Horn or Thomas Hassler?1 As much as we like to think of ourselves as open-minded, studies suggest otherwise. …

What is California voter fraud?

Posted on July 1, 2016 | Category: Fraud

California had its primary election on June 7, 2016. As always, California officials were working to ensure there was no voter fraud in California. California voter fraud is a crime There are dozens of laws covering California election fraud. These fall into four basic categories: Voter registration violations, Petition initiative violations, Election day and voting …

5 Proposed California Regulations for Self-driving Cars

Posted on June 30, 2016 | Category: Laws

For the last couple of years, the California Department of Motor Vehicles has been letting manufacturers of autonomous cars test their vehicles on public roads. Autonomous vehicles are cars with limited (Level 3) or full (Level 4) self-driving automation. Several recent high-profile accidents have led to a string of lawsuits by people injured by self-driving …

Am I allowed to use fireworks in Los Angeles?

Posted on June 25, 2016 | Category: Laws

In much of Los Angeles County, you are not allowed to use your own fireworks on the 4th of July (or at any other time of year). This is confusing and surprising for many people because not all fireworks are illegal in California. California fireworks laws distinguish between “dangerous” fireworks and “safe and sane” fireworks. Dangerous …

Federal Court Holds California’s Concealed Weapons Law is Constitutional

Posted on June 13, 2016 | Category: Criminal Defense

California’s law against carrying a concealed weapon, Penal Code 25400 PC, makes it a crime for most members of the general public to carry a concealed firearm on their person or in a vehicle. There is an exception to California’s concealed carry law for people who have obtained a concealed weapons permit. In order to get this …

Arrested for Domestic Violence in Washoe County? Take These Three Important Steps

Posted on June 13, 2016 | Category: Domestic Violence

If you’ve been arrested and charged with “battery domestic violence” (BDV) in Washoe County, Nevada, you could be facing severe penalties in addition to dramatic upheaval in your family and professional life. That’s why it is so crucial in the hours and days after your arrest to think as clearly and rationally as possible and to take …

What BAC Does a Person under 21 Need to Be Guilty of DUI in Orange County, California?

Posted on June 8, 2016 | Category: DUI

You may have heard that people under the age of twenty-one (21) face a lower threshold for being convicted of California DUI. This is correct. The laws that apply to underage (under-21) DUI in California are a bit different than those for people 21 and older. The first thing to remember is that if you break …

“Swatting” in San Diego is No Joke

Posted on June 8, 2016 | Category: Penal Code

If you call 9-1-1 in San Diego falsely describing an emergency or a crime in progress in order to get the police or other first responders to go to the scene, you can face serious criminal penalties. “Swatting,” as it sometimes called, is defined by the FBI as: “making a hoax call to 9-1-1 to …

How a Laser Pointer Can Point You Straight to Federal Prison

Posted on June 7, 2016 | Category: Laws

If you aim your laser pointer at a plane, helicopter, or other aircraft, be prepared to spend some time in federal prison. Cheap pen-sized laser pointers are misused hundreds of times every year by individuals who point them at aircraft. These powerful devices can shine a blinding light into cockpits presenting a serious danger to …

Calling 911 When a Friend is Overdosing Can Shield You from Some Orange County Drug Charges

Posted on May 29, 2016 | Category: Drug Crimes

Drug overdoses in California kill more people than car wrecks. In Orange County alone, 2,078 people died from overdoses between 2008 and 2012. Many people who die from an overdose could have survived if they had received medical attention immediately. That’s why California has a law that shields individuals from some drug charges if they …

Is it a Crime to Possess a Nitrous Oxide Tank in Orange County, California?

Posted on May 25, 2016 | Category: Drug Crimes

The short answer is yes. Possession of nitrous oxide in California–for recreational, non-medical purposes–is a crime under Penal Code 381b PC. Many people are surprised to hear this. Nitrous oxide–often referred to as “laughing gas”–is often seen as more of a harmless diversion than “hard” drugs like cocaine or methamphetamine. It is probably less addictive than …

What is the Penalty for Illegal Dumping in Ventura County, California?

Posted on May 25, 2016 | Category: Penalties

If you dump garbage, waste, or other material on public or private property in Ventura County, California, it could cost you plenty. California Penal Code 374.3 makes it illegal to dump waste matter: upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into …

4 Tips for Early Termination of Probation in Riverside County, California

Posted on May 24, 2016 | Category: DUI

If you’re on probation in Riverside County, California, you no doubt want your probationary period to end sooner rather than later. California law provides judges with the power to set the length of probation as well as modify the terms of probation. As such, judges can shorten the length of probation for individuals who file …

Will I Risk Being Charged with Driving While Addicted to Drugs If I Enter a Rehab Program?

Posted on May 18, 2016 | Category: DUI

driving while addicted to drugs is a form of DUI in California. This is correct: Vehicle Code 23152(c) VC, a subsection of California’s DUI law, criminalizes addicted driving.VC 23152(c) driving while addicted is a completely separate crime from Vehicle Code 23152(e) driving while under the influence of drugs. You can be guilty of the former …

What is a Criminal Street Gang in Orange County, California?

Posted on May 17, 2016 | Category: Criminal Defense

In April 2016, a federal class-action lawsuit was filed against the “Lunada Bay Boys,” a group of surfers in Palos Verdes Estates, California who are known for intimidating and keeping visitors from surfing at their favorite beach. The suit alleges that they are a “criminal street gang” which should be banned from gathering together under …

Is It a Crime to Urge Someone to Commit Violence in Los Angeles?

Posted on May 16, 2016 | Category: Criminal Defense

During this tumultuous election year, people have been alarmed at the violence which has occurred at some political rallies. Some have blamed the candidate involved for implicitly or explicitly encouraging that violence. In Los Angeles, can it be a crime to urge or encourage someone to commit an act of violence? The answer is yes. …

If I’m Sentenced to Federal Prison, Where Will I Serve My Time?

Posted on May 12, 2016 | Category: Federal Crimes

There are federal prisons located throughout the United States. Federal crimes can be committed throughout the United States. When you’ve been convicted of a federal crime and sentenced to incarceration, you will serve that time in a federal prison. But where? Will you be sentenced to a facility close to your home and your family? …

What Blood Alcohol Level in a Minor Can Result in a Ventura County, California DUI?

Posted on May 9, 2016 | Category: DUI

Police and prosecutors have little tolerance for people who drive under the influence of alcohol in Ventura County, California. But if you are under 21, they have zero tolerance. Any detectable amount of alcohol in your system could get you charged with and convicted for a Ventura County DUI. California Vehicle Code Section 23136 is …

5 Criminal Charges You Can Face at a San Francisco Giants Game

Posted on May 7, 2016 | Category: Criminal Defense

When you go to a San Francisco Giants game at AT&T Park, not all of the action may be on the field. A combination of sunshine, alcohol, and passion for the team can lead fans to engage in conduct that can get them arrested and charged with a criminal offense. Here are five things you …

Proposed California Law Would Abolish Statute of Limitations for Rape Charges

Posted on May 5, 2016 | Category: Rape

A bill recently introduced in the California legislature would abolish the statute of limitations for rape and a host of other sex crimes. If passed, the law would mean that prosecutors could pursue sexual assault and other charges decades after the acts were allegedly committed. The bill, SB 813, was written by state Senator Connie …

What is a “Pyramid Scheme” in Palm Springs, California?

Posted on May 3, 2016 | Category: Criminal Defense

Trying to get rich through a “pyramid scheme” in Palm Springs, California may earn you a few bucks for a while, but it could also earn you a prison sentence for a much longer while. What is a Pyramid Scheme? “Pyramid schemes” are business scams in which participants attempt to make money solely by recruiting …

Carrying a Concealed Handgun at a School or College Campus in Los Angeles is a Crime

Posted on April 27, 2016 | Category: Criminal Defense

A law effective January 1, 2016, makes it a crime to carry a concealed firearm on a school or college campus in Los Angeles. Even if you have a valid California permit to carry a concealed firearm, you could still be arrested and charged with a crime if you bring your weapon to a school …

Some Alameda County Juvenile Felony Convictions Can Be Counted Under California’s “Three Strikes” Law

Posted on April 25, 2016 | Category: Criminal Defense

The mistakes made when we’re young can have lasting consequences long after we’ve grown up. Many juvenile convictions in Alameda County, California can in fact be counted later in life as one of the “three strikes” that can lead to some of the most severe penalties available under California’s Penal Code. Under California Penal Code …

What Happens if You Refuse a Breathalyzer Test in San Jose, California?

Posted on April 22, 2016 | Category: DUI

You may not be aware of it, but when you obtained your California driver’s license or when you drive on California’s roads and highways, you have given your “implied consent” to submit to a breathalyzer test if you are lawfully arrested for driving under the influence of alcohol. Notwithstanding your “implied consent,” you can refuse …

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