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Some people think corpus delicti refers to a corpse, or a dead body. Not true. Corpus delicti is a Latin phrase that means body of the crime. In a theft case, stolen property is a key part of the corpus delicti. In an assault case, a broken nose might be part of the body of …
A relatively new California law involving forced blood draws, in the context of DUI cases, states that no warrant is required for the draw when: an officer directs that a suspect’s blood be drawn to measure blood alcohol content (BAC), and the suspect freely and voluntarily chooses a blood test over a breath test. This …
There are at least five situations where a person could be charged with felony domestic violence (DV) in California. Felony charges under Penal Code 273.5 could be filed if a person: inflicts corporal injury resulting in a traumatic condition upon an intimate partner, commits DV and has certain prior battery convictions within 7 years, commits DV …
The Medical Board of California (“MBC”) investigates medical billing practices in California. The MBC is a state governmental agency within the California Department of Consumer Affairs. The Board’s mission is to review and investigate complaints about, and discipline physicians and allied healthcare professionals. A few examples of the types of complaints reviewed by the Medical …
The criminal justice system is confusing and complex, and just like any profession you will find good lawyers and bad. Here are at least 5 signs that you may be dealing with a bad criminal defense attorney. 1. RESPONSIVENESS One good way to gauge how responsive an attorney might be is to observe how responsive …
No. Police cannot search a hotel room without a search warrant UNLESS there is a valid exception that exists. The Fourth Amendment of the United States Constitution guarantees: The right of the people to be secure in their persons and houses against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause, …
Impersonating someone online can be a crime in California. Penal Code 529 PC is the California statute that defines the crime of “false impersonation” (also known as false personation). PC 529 makes it a crime for a person to personate someone falsely and to either: do another act that might cause the person being impersonated …
Return fraud is activity which can lead to the filing of theft or shoplifting charges in California. The most common return fraud schemes involve the return of stolen or altered merchandise for cash or store credit. These include: Receipt fraud—using forged, found, or altered receipts to return stolen items, Price switching—switching price tags or labels, …
If someone is charged with a felony in California, a preliminary hearing is an examination of the evidence to determine: whether a crime has been committed; and whether there is “sufficient cause” to believe the accused committed it. Sufficient cause means that after hearing the evidence, a person of ordinary caution or prudence would believe …
It is illegal to record a confidential conversation, including a private conversation or telephone call, without consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC. Note that while PC 632 makes it a crime to record a private conversation, a party can legally record a communication …
Truvada While it has not yet been proven, it seems that Gilead Sciences, Inc. had the ability to bring safer, TAF-based versions of its HIV pills to the market up to a decade earlier than they actually did. Victims who took the more dangerous, TDF-based versions of the pills and who have suffered from their …
A student can be suspended or expelled for threatening to physically harm another person during school or a school activity. A student can also be suspended or expelled if he or she makes a terroristic threat against a school official or school property, even after school hours. Students are engaged in school or school activities …
If your probation ends and you still owe restitution the debt does not go away. Under California Penal Code 1214, any victim restitution that remains unpaid when probation ends, is enforceable against the defendant as if it were a civil money judgment. Restitution still owing when probation ends is enforceable as a civil money judgment …
Reckless endangerment is not a distinct crime in California. However, a person who acts recklessly and endangers others can be charged with a number of other crimes, including child endangerment, reckless driving, elder abuse, or enhanced DUI penalties for having a child in the vehicle. “Reckless endangerment” refers to an act that creates a substantial …
Under Assembly Bill 184, the statute of limitations (“SOL”) for a charge of hit and run in California is six years. AB 184 was signed into law in 2014. Prior to this signing, the SOL for a hit and run charge was three years. Under California criminal law, a statute of limitations refers to the …
The crime of assault can be either a misdemeanor or a felony in California depending upon: the amount of force used, and whether weapons were involved. A person can be accused of assault even if no one was injured. There are three types of assault under California criminal law. Simple assault. Aggravated assault. Assault with …
No, it is not illegal to spank your child in California. The spanking, however, cannot be excessive and must be for disciplinary reasons. Excessive or unreasonable spanking could lead to accusations of child abuse, the opening of a juvenile dependency case, and the filing of criminal charges. In California, child abuse occurs under Penal Code …
Punching a person is a battery under California law (per Penal Code 242) and it could be charged as a felony if the defendant: punched a public servant, as in a police officer, firefighter, or EMT, or punched a person and it caused great bodily injury. In both of the above scenarios, the battery is …
Robbery is divided into first-degree robbery and second-degree robbery in California (Penal Code 212.5). First degree robbery is committed when the victim is: the driver or passenger of certain fare earning vehicles; robbed while located in a residence, inhabited vessel, trailer coach, or building; using or just used an ATM machine. Second degree robbery is …
It is not considered “breaking and entering” under the burglary laws of California for a person to enter an unlocked car. However, if a person enters a car through an unlocked door without the owner’s consent, that person could be charged with tampering with a vehicle. California Vehicle Code section 10852 VC states that no …
The maximum sentence for child molestation in California ranges from probation to life in prison, depending on a number of factors: The age of the child, if under 14 years of age, if 14 or 15 years old. Whether there is an accusation that force, violence, duress, or threats were used, The number or pattern …
2021 UPDATE: Felony probation now lasts up to two (2) years for most non-violent felonies. Probation can last up to three (3) years for the following offenses involving more than $25,000 of stolen money/goods: Grand theft (PC 487(b)(3)) Embezzlement (PC 503) False personation and cheats (PC 532a) These two- or three-year probation limits are not …
A spring assisted knife is legal as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or …
California burglary law (under Penal Code 459) is divided into “first-degree burglary” and “second-degree burglary.” First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses). First-degree (or residential) burglary is always a felony. The potential consequences include a state prison sentence of: two …
Updated December 9, 2020 In California, an estes robbery is when store employees or loss prevention follow after a shoplifter, and the person uses force or threats of force to avoid apprehension and get away with the merchandise. The use of force or threats elevates shoplifting to the more serious crime of robbery. The term “Estes …