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When prosecutors deprive defendants of their constitutional rights or otherwise act improperly during a criminal trial, it shakes the foundations of our criminal justice system and can result in grave injustice. Prosecutorial misconduct is a huge problem, as the recent scandal involving the Orange County District Attorney’s Office has shown. Prosecutorial misconduct can occur in …
Racial profiling by police officers is against the law in Henderson, Nevada. No one in the city or elsewhere in the state should be pulled over or questioned by police on the basis of their race or ethnicity. “Racial profiling” in Henderson occurs when a police officer stops, questions, detains, searches, or arrests someone solely …
The answer is yes. Under California Penal Code 245(a)(1) PC, assault with a deadly weapon does not have to involve a firearm. The jury instructions for PC 245(a)(1) assault with a deadly weapon (also known as “ADW” in California) make it clear that a deadly weapon doesn’t have to be a gun–or even something we …
Possession or production of child pornography in Henderson and throughout Nevada is prosecuted aggressively and a conviction comes with lengthy and severe penalties. Nevada’s child pornography laws are designed to prevent the sexual abuse and exploitation of children. But what about videos and materials such as drawings, cartoons, or animation (such as manga or anime) …
Updated July 1, 2020 Whether it’s called “dine-and-dash,” “eat-it-and-beat-it,” or simply walking out the door without paying for food or drinks, if you skip out on a restaurant check or bar tab in Las Vegas, you could be charged and convicted with a crime under Nevada law. NRS 205.445 makes it unlawful for a person …
If you walk out of a Ventura County, California restaurant or bar without paying your bill – “dine and dash” as it is often called – you are committing a crime and could land in jail. California has a specific criminal statute that deals with “dine and dash” situations, though it does not refer to …
It may not seem like battery in the sense of punching or kicking someone, but If you express your anger, frustration, or disgust with another person in Ventura County by spitting in their face, that is exactly the criminal charge you could be facing. The definition of a battery under California law is, in its …
If that donut or sandwich you’re eating on your morning commute to work in San Bernardino County causes you enough distraction to affect the safety of your driving, you could be pulled over and charged with the crime of reckless driving. When most people think of “distracted driving,” they think of people using hand-held cell …
If your Las Vegas trip includes acting like you’re in “The Hangover” by trashing your hotel room, you could trade that luxury suite for accommodations behind bars. As happened to this California lawyer who caused $100,000 in damage to his suite at the Encore during a drunken birthday party, you can be charged with the …
If you are severely intoxicated on private property in San Francisco, can you be charged with being “drunk in public” under California’s public intoxication statute? If the private property is “open to the public,” the answer is: absolutely. Private Property “Open to the Public” California Penal Code Section 647(f) makes it a crime to be …
Expected to go into effect in 2016, a new California law authorizing “assisted suicide” only permits California physicians to facilitate or hasten a patient’s death under certain circumstances. If you are not a doctor treating a patient or if you are a loved one who helps a person commit suicide in any way other than …
If you are unhappy with your Los Angeles criminal defense attorney and want to replace him or her with a new lawyer while your case is pending, you can do so, but only if you are not trying to delay the trial or it would otherwise be prejudicial to you. You Have a Constitutional Right …
Odds are that if you have been arrested in Los Angeles, you’ll have a cell phone or smartphone on you. As police pat you down and confiscate items in your possession, including your phone, can they start going through your phone, searching your texts, e-mails, phone logs, social media use, and photos? Not without a …
Is gambling a crime in California? You’d think the answer to that question would be simple, but it’s actually pretty complicated. Let’s start with card, dice and domino games like poker and pai gow. Under Penal Code 330 PC, California’s gaming law, it is generally legal to play these games for money–as long as there …
Amazingly enough, the answer is sometimes yes. A few California criminal statutes make landlords liable for criminal activities that take place at the properties they are renting to someone else. One of these is California’s dogfighting law (Penal Code 597.5 PC). This law makes it a crime to let someone else use a space that …
We all know that drugs and alcohol can cause serious problems for employers. It can cause a drop in productivity, an increase in absenteeism, and an increase in worker’s compensation and medical claims. Legal Drug Use With alcohol, an employee in California cannot be fired for using alcohol on their own time, or technically even …
A search warrant is a court order that gives police the right to enter a premises and seize any objects found that are named in the warrant. This warrant is obtained when the police determine that there is probable cause that a crime has been committed. Citizens are protected from warrantless search and seizure under …
Individuals who have been the victim of police misconduct in California may file a criminal complaint. However, various types of police misconduct could constitute a crime, civil cause of action, or both. Victims may consider filing a civil rights lawsuit in order to be financially compensated for the harm they suffered if a police department …
Identity theft occurs when someone acquires and uses another person’s private identifying information. Both California, as well as federal law, imposes punishments for identity theft. It is possible for individuals to be prosecuted for the same act of identity theft under both state and federal law. Both California Penal Code 530 and California Penal Code 473 prosecute …
Traffic tickets are just for those driving cars, right? Not exactly. Bicyclists use the Los Angeles County roadways too. Therefore, they can get citations for traffic violations just like motor vehicle drivers. Bicyclists who ride on Los Angeles County public roads have the same rights and responsibilities as motorists, and are subject to the most …
If you are stopped by police for a common traffic offense like speeding, a police officer may not search your car. There are several ways, however, where a search of a motor vehicle can legally be conducted: Consent If you are stopped by police and the officer suspects that you may have something to hide, …
No, not unless your recording is interfering with what they are doing. Police do not have the right to seize cell phones just because the public is recording them. Predictably, police usually do not appreciate it when the general public records them going about their job. But similar to the press, the general public has …
It depends on the situation. If the police knock on your door, ask if they have a warrant. If the police can produce the search warrant signed by a judge, then it is usually best to let them in. If the police do not have a warrant, then you usually do not have to let …
Possibly, but it depends on the circumstances of the case and the defendant’s criminal history. People charged with a first-time offense of prostitution in Nevada have a greater chance of getting the case dismissed than people who have several past solicitation charges. A typical plea bargain offered to people facing first-time solicitation charges includes: up …
Counting cards is not a crime in Nevada. However, casinos that catch patrons counting cards may demand that they leave the premises and not come back. As private institutions, casinos can turn away patrons and refuse their business. Certain types of casino cheating and fraud are illegal in Nevada. These include: manipulating gaming devices, using …