We all have a constitutional right to a fair trial. When events happen during the course of a California criminal trial which put that right at risk, or if a jury is unable to reach a verdict, the judge may declare a mistrial. What is a “Mistrial”? Just like a “misfire” of a gun is …
If you lie to an agent from the FBI, DEA, or any other federal agency while they are conducting a criminal investigation, you are a committing a serious federal crime. You definitely have a right to remain silent or consult with an attorney when speaking with federal agents or investigators. However, you do not have …
Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Francisco is a violation of California law and can get you arrested and charged with a crime. California Penal Code Section 350 prohibits the manufacturing, sale, or possession for sale of …
If you’re pulled over by a Santa Barbara police officer, they can tell you to get out of your car without violating your constitutional rights. Whether or not you believe the stop was justified or lawful, you are generally not within your rights to refuse a police officer’s order to get out of your vehicle. …
If you are arrested and charged with a San Bernardino County prescription drug offense, the penalties can be severe. Prescription medications are “controlled substances” as defined under California law, and the laws that apply to controlled substances such as heroin and cocaine also apply to prescription drugs if they are possessed, used, sold, or acquired …
You can find yourself charged with disorderly conduct in Oakland for a wide range of acts and activities. Police officers often use disorderly conduct charges as an excuse to arrest people who have annoyed or angered them, such as individuals who may have been rude or yelled at them (which are not crimes). California Penal …
If you are convicted for manufacturing drugs near an Alameda County school, be prepared to serve an even longer prison sentence than you would if the crime was committed anywhere else. In August 2015, Gov. Jerry Brown signed SB 212 into law. New Health and Safety Code Section 11379.6 permits judges to tack on up …
Ride-sharing company Uber typically does not allow people with felony convictions to sign up as drivers. But the company announced today that it will hire drivers who were originally convicted of felonies–but whose convictions have been reduced to misdemeanors under Proposition 47. Prop 47, passed in 2014, reclassified several former California felonies as misdemeanors, including: Grand …
If you commit a crime against a person with a disability in San Francisco, be prepared for harsh consequences if you’re convicted. Adults with physical or mental disabilities can be particularly vulnerable to crime. Because of this, California law provides specific protections for the disabled (referred to in the law as “dependent adults”) and more …
Terrorism is in the news almost every week. When someone who commits or attempts to commit an act of violence or tries to join ISIS is charged with “terrorism” though, what exactly does that mean? “Terrorism” is a distinct federal criminal offense. Unsurprisingly, the federal government is particularly aggressive in finding and prosecuting those suspected …
At the moment, California courts haven’t yet made up their minds about the answer to this question. Proposition 47, passed by California voters in 2014, provided that theft of property worth less than nine hundred fifty dollars ($950) would be a California misdemeanor for most defendants. (Prior to Prop 47’s passage, all theft of motor …
The answer to this question depends on what you mean by “driving without a license.” First, let’s say you actually have a valid driver’s license–but you forget it at home and end up getting stopped by a CHP or other law enforcement officer. This actually is a crime — California Vehicle Code 12951 VC failure to …
Most arrests and convictions for robbery in Santa Clara County are for violations of California’s robbery statute. However, in certain circumstances, robbery can be a federal criminal offense that can result in time spent in federal prison. As set forth in 18 U.S.C. §§ 2111-2119, there are nine ways you can be charged with a …
Computer crimes and cyber-crimes are getting a lot of attention lately from both law enforcement and the media. But people are still–justifiably–confused about just what kind of online behavior can land them in jail. Here’s a brief rundown of the most important cyber-bullying/cyber-harassment laws that ordinary people need to be aware of: Cyberstalking. There is technically …
Individuals suspected of shoplifting in California are being detained by private security guards and forced to sign confessions and pay hundreds of dollars to a private company for an unauthorized “diversion” program. Those are the allegations contained in a lawsuit filed by the San Francisco city attorney in November 2015 against a company called CEC. The …
The answer to the question in the title is “yes.” If you are arrested for “tagging” a building, home, or other structure or property in Riverside County, you can be charged with either the crime of vandalism or the separate criminal offense of graffiti. Vandalism Tagging is a form of vandalism as that term is …
Domestic violence charges carry a serious stigma on a criminal record. If you are charged with a common domestic abuse offense such as Penal Code 243(e)(1) PC domestic battery or Penal Code 273.5 PC corporal injury on a spouse, you and your attorney may want to consider trying to negotiate a plea bargain to another offense–one that will be less …
It is not an uncommon scenario. A defendant leaves a department store with a few unpaid items. They are stopped and detained by store security. While waiting for the police to arrive, security asks them a laundry list of questions. Should this defendant be given a Miranda warning before they are questioned? There is a …
If you lie or otherwise provide false information to the government in order to obtain Social Security Disability (SSD) benefits you’re not entitled to, you are committing a federal crime and can be sent to prison. Social Security Disability Fraud is Aggressively Prosecuted The Social Security Administration administers both the Social Security Disability and Supplemental …
If you get into a bar fight in Ventura County, you could find yourself hitting the floor, visiting the ER, and, potentially, going to jail. There are a number of separate California criminal offenses you can be charged with as a result of a bar fight. Four criminal charges you may face are: Disturbing the …
Credit card “skimming,” which is using a device to acquire credit or debit card and personal information from a gas pump or ATM, is a serious offense in California, and credit card skimming in Orange County can result in a lengthy jail sentence. Usually, credit card skimming is accomplished by someone who gains access to …
It’s true that California and federal law take the crime of mail theft very seriously. Under Penal Code 530.5(e) PC, theft of US mail is a misdemeanor carrying a maximum county jail sentence of one (1) year. And you can be guilty of this crime not just for stealing someone else’s mail–but for removing the …
Many people will be surprised to hear that the answer is, “Yes.” You can be charged with a crime under California law if you “steal” (some people prefer to say “borrow”) a wireless internet signal from your neighbor or the local coffeehouse (even though arrests for this crime have been very rare). Specifically, California’s unauthorized …
Software and apps have made it very easy to record phone calls that you make or receive whether on a landline, a cell phone, or through VOIP services like Skype. But unless you receive the consent of the person or people on the other end of the line, recording a phone call you are on …
Yosemite National Park may be within California’s borders, but if you get busted for possession or growing pot in Yosemite or in any national park, you are within the borders of federal law and subject to penalties much harsher than those you’d face under California law. Yosemite National Park is one of the country’s most …
