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 …
California is likely to experience a very strong El Nino this year. This means that floods, windstorms, mudslides, severe car accidents and other natural and man-made disasters may be rampant. This means that California cops may be making a larger-than-usual number of arrests for the following crimes: Sightseeing at an emergency. Penal Code 402 PC sightseeing at …
Public nuisances–loud music, parties, neglected lawns, run-down vacant homes, stagnant pools–are a problem in cities across California. People who live near these nuisances may have done their best to get the owner of the property to fix the situation but without results. In these situations, neighbors may start to wonder: should I call the police? …
If you are pulled over in Ventura County and the officer suspects that you may be intoxicated, you will likely be asked to take a series of physical tests as the officer evaluates your condition. Field sobriety tests (FSTs), as they are known, are entirely subjective in that the determination as to whether you have …
When you’ve been pulled over, detained by police, or arrested in San Diego, it can be a bad situation. The last thing you want to do is make it worse. If your emotions get the better of you, or forget your constitutional rights, however, that’s exactly what can happen. Here are three things you definitely …
If you’ve been arrested and charged with domestic violence in San Bernardino County, you may be scared, in shock, or physically hurt. During such times, it’s important to try to think clearly and take some steps that can go a long way towards protecting yourself, your rights, and your future. The San Bernardino District Attorney’s …
Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Diego County 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 …
In Orange County, California, the police must file for an arrest warrant against individuals they seek to take into custody. The process of issuing such a warrant is based on a preliminary request of Orange County Police Department and that issued by a judge. In any case, an arrest warrant against an individual is limited …
The chances are pretty high that at some point you will be involved in a traffic accident in Los Angeles, California. There are some legal rules related to your rights and obligations at the scene of an accident. You should first ensure that no one is injured. If no one is injured, all parties (drivers) …
2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021). 2020 Update for Los Angeles County: Except in serious or violent felony …
The California crime of parental child abduction occurs when a family member, usually a parent, kidnaps and conceals a child for any length of time. It is a serious crime. Parental child abduction in California often occurs when the parents separate or begin divorce proceedings. Under California Penal Code 278, child abduction basically means violating another …
If you’ve been arrested for theft in California, whether you face a felony charge or a misdemeanor charge largely depends on the value of the property you are accused of stealing. Generally, if you are charged with theft of property valued at $950 or less, it will constitute “petty theft” and be prosecuted as a …
