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Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is asserted in criminal cases that involve a specific intent crime. It allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit a …
During a preliminary hearing, a prosecutor and defense attorney present evidence, to a judge, that is related to the charges in a criminal case. The purpose of a preliminary hearing is for the judge to determine if there is enough evidence to force the defendant to stand trial. The hearing is a type of mini-trial …
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. It often involves a child. Physical penetration is not necessary. It is a type of sex crime. It is often charged as a felony sex offense. One example of this kind of conduct is intentionally groping a minor. …
Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely. Some common conditions that may impact a person’s ability to drive safely include: lapse of consciousness Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration. These conditions are …
Most state laws prohibit uninsured motorist insurance (“UM”) from covering punitive damages. Some states, however, do allow for it. Punitive damages are awarded to penalize the at-fault party in an auto accident and to deter similar blameworthy conduct. These damages are sometimes referred to as “exemplary damages.” Underinsured motorist coverage (UIM) is different than UM …
Under California law, a “grand jury” refers to a group of citizens who are brought together to determine whether or not charges should be brought against a potential defendant in certain criminal cases. A preliminary hearing is a proceeding held before a judge in which he/she determines whether there is enough evidence in a criminal …
Yes. Under Penal Code 198.5 PC, California law follows the legal principle known as Castle Doctrine. This means there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break into their homes, or who try to force their way …
Many felonies cannot be expunged. Each state has its own rules. Some states will not expunge any felonies. Others will expunge most of the offenses. Some felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge …
“CLETS” is an acronym for the California Law Enforcement Telecommunications System. This is a computer network that gives police departments access to national databases maintained by the Federal Bureau of Investigation (FBI), the Department of Motor Vehicles (DMV), the State of Oregon, and others. The system also provides law enforcement agencies with the capability to …
Generally, the crime of murder is prosecuted in state courts as a state crime. But murder becomes a federal crime when it occurs in the violation of federal law or on federal land or territory. Examples of when this occurs include when a murder is of a federal judge or a federal law enforcement official …
A Franks hearing is a legal proceeding in a criminal case where the defense tries to traverse a search warrant. “Traversing” a warrant means that the defendant challenges the truth of the information that is used to support it. A “Franks motion” is the legal document given to the judge that sets forth the defendant’s …
Restraining orders are issued when someone petitions a California court to restrain the behavior of another for safety and security reasons. Restraining orders can be issued on an emergency, temporary or permanent basis. Permanent restraining orders can be issued for up to one to five years, so it is wise for defendants to consult with …
In California, you can be convicted of aiding and abetting anytime you encourage, facilitate or aid another person in the commission of a crime regardless of how insignificant your role. But aiding and abetting is not a crime unto itself. When the prosecutor believes that you are guilty of aiding and abetting a crime, he/she …
If you are charged with and convicted of rape in Sacramento County, you could be looking at a lifetime of serious consequences that go far beyond just prison time. Rape, as one would expect, is treated as one of the most serious crimes under California law and crimes involving rape and sexual assault are vigorously …
The basic definition of burglary is the same in California and Nevada: entering a structure or vehicle intending to commit certain crimes once inside. In Penal Code 459 PC, California burglary law draws a distinction between first-degree residential burglary, and second-degree commercial burglary. Burglarizing a home can land someone in California Prison for six years, …
Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested. Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed. You have a right to remain silent, …
You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion (aka a speedy trial motion) asking the judge to dismiss the charges. …
Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. …
Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes …
Many fights can lead to California battery charges. However, if you face such charges after getting into a fight with an off-duty cop who was acting as a security guard, or with many other kinds of public workers or employees, the consequences of a conviction can be more severe. Most battery charges filed under California Penal …
In most cases, merely owning a counterfeit law enforcement badge – or other counterfeit law enforcement identification, such as certificates and insignias – is not a crime. But be careful. Using a fake police badge in certain ways could lead to charges of impersonating a police officer under California Penal Code 538d. This misdemeanor crime …
An example of a wallet gun California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal. The case for these guns typically resembles a wallet, thus the name. A person can fire a wallet …
Under California Penal Code 24310, the following acts are illegal in California when it comes to camouflaging firearm containers: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess A camouflaging firearm container is an object that holds a gun, but nonetheless, does not look like it contains …
Under California Penal Code 24610 PC, the following acts are illegal in California when it comes to undetectable firearms: Manufacture, Import into the State of California, Keep for sale, Offer for sale, Give, Lend, and/or Possess Undetectable firearms are also referred to as plastic guns or ceramic guns. They are firearms that go undetected in …