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    California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 46

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

    How Does Posting Bail Work in California?

    Posted on | Category: Laws

    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 …

    Five Most Common Computer Crimes in California

    Posted on | Category: Computer Crimes

    Both state as well as federal laws prohibit various types of computer crimes. In some instances, a person can be charged for the same computer crime in both California as well as federal courts. Some of the more common computer crimes in California include: Stealing Computer Data: California Penal Code 502 The California Penal Code …

    What Happens at a Restraining Order Hearing in Los Angeles County?

    Posted on | Category: Laws

    You have been served with notice that a restraining order has been filed against you in Los Angeles County. What now? What will happen at a restraining order hearing will vary somewhat from court to court. However, there are some basic steps and procedures California courts following when restraining orders are filed. By the time you …

    Are Random Traffic Stops and Checkpoints Legal in San Diego County?

    Posted on | Category: Laws

    The U.S. Constitution protects the rights of the public against unreasonable searches and seizures by law enforcement. The Supreme Court has long held that random traffic stops qualify as unreasonable seizures in violation of the Fourth Amendment. In order to justify a traffic stop, police officers must have probable cause, or at least reasonable suspicion, that a driver has violated …

    Five Things to Know if the Police Violate Your Rights in California

    Posted on | Category: Laws

    If you are accused of a crime, you have legal rights protected by the United States Constitution as well as the laws of California.  Once arrested, you need to know your rights. The following are five things you need to know if you believe that the police have violated your rights. You have the right …

    Three San Diego Alcohol Laws You Should Know

    Posted on | Category: Laws

    Different states, as well as cities and municipalities, have different laws related to the sale and consumption of alcohol. If you wish to consume alcoholic beverages in San Diego California, it is a good idea to be aware of the local alcohol laws.  Here are four San Diego alcohol laws you should know about. The consumption …

    Five Things to Know About Orange County CA Underage Drinking Laws

    Posted on | Category: Laws

    California Business and Professions Code (BPC) 25662 makes it a misdemeanor for individuals under the age of 21 to be in possession of an alcoholic beverage in a public place or place open to the public. While it is common knowledge that underage drinking is a crime, there is more to know about underage drinking …

    Should I Challenge a Traffic Ticket in Los Angeles Courts?

    Posted on | Category: Laws

    If you believe you did not commit a traffic violation for which you have been ticketed, you may be wondering if you should even bother challenging it in court. Is it even possible to beat a traffic ticket in Los Angeles court? The answer is, yes, it is possible. But should you? Understand that by …

    What is the Difference Between Civil and Criminal Harassment in California?

    Posted on | Category: Harassment

    Confusion related to criminal law versus civil law is not unusual.  For example, how is it possible for there to be both criminal as well as civil harassment cases occurring from the same act? The answer lies within the distinct purposes of the criminal and civil court systems. In a civil case, an individual files …

    Five California Traffic Offenses You Probably Don’t Know About

    Posted on | Category: Car Accidents

    If you have a California driver’s license, you should know all the rules of the road. But here are five California traffic laws that just might surprise you. There are different rules for drivers under 18. You may already know that California drivers may use the speakerphone function on their cellular telephone with a Bluetooth or …

    What Probable Cause is Necessary for a Search Warrant in Orange County?

    Posted on | Category: Warrant

    The Fourth Amendment provides constitutional protections against unreasonable searches and seizures by the government. This means that law enforcement needs probable cause to search you, your home, car, office, etc. With the exception of Terry Stops, the general rule is that a police search and seizure is only legal if it is: consented to; pursuant to …

    Five Things to Know About Marijuana Possession

    Posted on | Category: Marijuana Laws

    Most people are aware that marijuana has been decriminalized in California. However many are not clear on whether it is legal or what the penalties are exactly. The bottom line is while the penalties have been relaxed substantially, it is still illegal. In California, marijuana possession is governed by California Health and Safety Code 11357, …

    Five Things to Know About a Burglary Charge

    Posted on | Category: Burglary

    Burglary (California Penal Code 459 PC) is defined as entering a room, structure, or vehicle, with the intent to commit a theft within. Whether the offense is a misdemeanor or a felony will depend on what type of structure was broken into. Burglary charges and their penalties vary depending on several factors. 1) Theft of …

    What Happens at an Arraignment Hearing?

    Posted on | Category: Litigation

    If you have been charged with a crime, you will be required to attend an arraignment hearing as part of the court process. At this hearing, the defendant will be advised of the charges against them and enter a plea. At this point, the judge will also decide the conditions of their release. This hearing …

    Five Things to Know About Breathalyzer Tests

    Posted on | Category: DUI

    In an effort to crack down on drunk driving, DUI issues are often reported in the news. Because of this, we all are aware that if we are pulled over for a DUI, we will be called upon to take a breathalyzer test. The breathalyzer machine is touted as being completely accurate, and the final …

    Five Things to Never Do If You Are Pulled Over

    Posted on | Category: Criminal Defense

    5 things you should NEVER do if pulled over by police in NevadaWatch this video on YouTube Whether you think it is justified or not, being pulled over by police is an unpleasant experience. While it is never fun, keeping the following things in mind can make the process go a whole lot easier: Don’t …

    When is it a crime to use a “False ID” in California?

    Posted on | Category: Criminal Defense

    Penal Code 148.9 PC – Busted for giving cops a false ID?Watch this video on YouTube Penal Code 148.9 PC is a crime of presenting false identification to a peace officer or a police officer in California, and it’s a crime when you do so with the purpose of evading the process of the court or …

    What is the punishment for furnishing alcohol to a minor in California?

    Posted on | Category: Laws

    If you’re convicted in California of selling or furnishing alcohol to a minor, it’s a misdemeanor. The punishment includes up to six months in jail. And moreover, if you’re an establishment that sells alcohol, then you could lose your liquor license and face other penalties from the alcohol board of control. Here at Shouse Law Group, …

    Are Jail Phones Tapped?

    Posted on | Category: Laws

    The courts have said time and time again that inside jails and prisons and custody facilities, that there is a very reduced expectation in privacy, sometimes no expectation of privacy at all. And what that means is that when inmates call you, if you have a loved one in jail and they call you on …

    What can cause someone to get a “Probation Violation”?

    Posted on | Category: Criminal Defense

    Top ways people pick up "Probation Violations"Watch this video on YouTube I want to talk today about probation violation hearings, or what are sometimes called probation revocation hearings. As a former deputy district attorney, I prosecuted literally hundreds of probation violation hearings. And now, as a criminal defense attorney, I defend people in probation violation …

    Proposition 47 passes, reduces sentences for theft and drug crimes

    Posted on | Category: Drug Crimes

    Yesterday a clear majority of California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.” In a nutshell, here is what Prop 47 does to criminal law in California: Prop 47 changes some California crimes from potential felonies to misdemeanors. These crimes include: Grand theft auto and grand theft firearm IF the car or gun …

    Are police lineups a reliable form of evidence?

    Posted on | Category: Criminal Defense

    The public thinks of police lineups as a reliable way to catch criminals. TV shows and movies help give them that impression. But that impression is just wrong. Mistaken eyewitness identification is the number one cause of wrongful convictions in America. Many pretrial lineups are structured in a way that may prod the witness to …

    “Reckless biking” is now a crime in California

    Posted on | Category: Distracted Driving

    A California appeals court recently ruled that you can be charged with reckless driving under California law if you ride your bicycle recklessly. In 2013, after drinking heavily at a Dodgers game, Jorge Velasquez, Jr., rode away on his bicycle. While going downhill on the wrong side of the road, he struck a pedestrian. The …

    The Supreme Court says police need a warrant to search your cellphone

    Posted on | Category: Warrant

    Today the Supreme Court of the United States ruled–unanimously!–that police cannot search a person’s cell phone without a search warrant. The case was Riley v. California. David Riley was pulled over in San Diego for having an expired registration on his car. The police found loaded guns in his car, and then examined his smartphone. …

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