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Most California courts will not recall or drop a bench warrant (“BW”) on their own. The best way for a person to clear a BW in California is typically by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. Please note that it is critical …
This depends on the offense for which the strike was given. A strike cannot be expunged, or removed, if: it was given for a serious sex offense listed in Welfare and Institutions Code 707b, the offense was committed when the defendant was 14 years of age or older, and the juvenile is required to register …
Misdemeanor probation, sometimes referred to as “summary” or “informal” probation, is an alternative to jail. It allows low-risk offenders to serve most or all of their sentence under court supervision instead of behind bars. Summary probation typically lasts for between one and three years in California (though it can last up to five). During that …
Any person who gives a statement to the police may decide to recant that statement. But, even if a statement gets recanted, people must know that: a prosecutor can still choose to file criminal charges against a defendant, and if a person recants a statement because it was false, then the party may face criminal consequences. …
California law allows people to sue if they are bitten by bedbugs while renting property or staying in a hotel. But the right to sue is against the property owner. To date, there have been no successful claims against Airbnb itself for bedbug bites or infestations. Airbnb does not appear to have a legal duty …
Assembly Bill 2952 was signed into law by Gov. Brown in September 2018. According to the bill, prosecutors can access California juvenile records that get sealed after a minor successfully completes informal probation. This is provided, though, that the prosecutor: gains the approval of the court to access such records; and, only accesses the records …
Senate Bill 1391 was signed into law by Gov. Brown in September 2018. According to the bill, a district attorney can make a motion to transfer a minor from juvenile court to an adult court of criminal jurisdiction as long as the minor is 16 years of age or older. The bill prohibits the prosecution …
Assembly Bill 2138 was signed into law by Gov. Brown in September 2018. According to the bill, a licensing board cannot take away, or deny, a license on the basis of a criminal conviction if the following is true: The conviction is seven years or older; and, The conviction is not substantially related to the …
California Assembly Bill 1584 states that if law enforcement personnel wish to collect a DNA sample from a minor, they must first get the permission of both the minor and his/her parent(s). Gov. Brown recently signed AB 1584 into law in September 2018; and, it imposes several other rules on the collection of a minor’s …
The California DMV can suspend or restrict a license due to a driver’s cataracts or macular degeneration. But it may only do so if the condition actually affects a driver’s ability to drive safely. And even when driving ability is affected, cataracts and macular degeneration don’t always result in a lost license. Sometimes a driver …
Students who are injured due to inadequate school security can often sue the school and/or the school district in California. This includes lawsuits for injuries caused by acts of violence. Under California law, schools stand in a “special relationship” to students. This special relationship requires the school to protect students from foreseeable injuries. Schools must …
The California DMV may revoke or suspend a driver’s license due to epilepsy, seizures or other medical causes. But the DMV may only do so if the driver’s ability to drive safely is actually negatively affected. How does the DMV learn that I have epilepsy? The most common way the DMV can learn about a driver’s …
It may surprise you to know that a landlord can sue a tenant who brings bedbugs onto the landlord’s property in California. This applies to both residential and commercial tenants. Tenants have a legal duty under California law to keep premises they rent clean and sanitary. Breaching this duty is considered negligence. But even if …
Subject to certain age restrictions, someone from out of state can legally drive in California as long as: The driver has a current, valid license from the state in which he/she resides, and The license is valid for the type of vehicle the person is driving in California (car, truck, motorcycle, etc.). Age restrictions on …
Premises liability laws that require property owners and landlords to keep their property free of vermin. But these laws apply only to people who own or control the property. Why isn’t Airbnb liable for bedbugs? A property owner or landlord who knows his/her property has a bedbug infection must take reasonable steps to eradicate it. But rental …
On January 1, 2018, it became legal for adults to purchase and use recreational marijuana in California. But notwithstanding California’s legalization of marijuana, employers have the legal right to maintain a drug and alcohol-free workplace. This means they can not only prohibit the use of marijuana by their employees at work but may also legally …
On January 1, 2018, California legalized the use of recreational marijuana by adults age 21 and over. Medical marijuana also remains legal and may be used by people under age 21 with a doctor’s recommendation (and consent of a parent if the patient is under 18). But marijuana remains an illegal Schedule I controlled substance …
Codeine, like other prescription drugs, has a tricky relationship with California criminal drug laws. On the one hand, codeine is a commonly-prescribed painkiller. On the other hand, codeine is a “Schedule II” controlled substance whose use and possession are regulated under: HS 11350 California’s “possession of a controlled substance” law, HS 11550 California’s “under the influence of …
Ecstasy may be illegal in California–but it is still widely used as a “party drug” by people from all walks of life. Most people are vaguely aware that simple possession of a drug like ecstasy, for personal use, is a misdemeanor and thus a relatively “minor” crime. But what if you travel with the ecstasy–bringing …
With so many telemarketers ignoring the Federal Trade Commission’s National Do Not Call Registry, many people have begun taking matters into their own hands. Techniques we have seen touted on the internet include: Deliberately wasting the telemarketer’s time, Cussing, Blowing a whistle or air horn into the phone, Threatening the telemarketer, and Talking dirty to …
Marijuana possession is a federal crime Over 20 U.S. states have legalized medical marijuana. Yet even in Washington, Oregon, Colorado, Alaska and the District of Columbia – where recreational use of cannabis by adults is legal – underage public college students who need medical marijuana may not use it on campus. This means not just …
If you or someone you know in Los Angeles is a “hoarder,” criminal charges can be added to the pile of problems created by this challenging mental illness. The Mayo Clinic defines “hoarding disorder” as: “a persistent difficulty discarding or parting with possessions because of a perceived need to save them. A person with hoarding …
Anyone who has seen a trial on TV or in the movies knows that witnesses are asked questions by the attorneys prosecuting and defending the case. But they are not the only ones who can ask a witness questions. The judge can as well.Examination by Attorneys During a San Diego criminal trial, each side introduces …
The U.S- Mexico border crossing at Tijuana is one of the busiest in the world. Every day, thousands of American citizens and others cross back and forth between the two countries. Frequently, individuals heading north back into the U.S. are searched, detained, arrested, and charged with crimes for engaging in illegal activity. If you’ve been …
When we think of “domestic violence” in Riverside County, California, we usually think of threats or acts of violence committed by a spouse or intimate partner. But does the word “domestic” in “domestic violence” mean that charges for such crimes can be brought against someone for attacking someone they simply live with, such as a …