Criminal Defense

Health & Safety Code § 11383 HS – Possessing Materials for Manufacturing PCP

Under Health & Safety Code § 11383 HS, it is a crime to possess certain chemicals with the intent to use those materials to manufacture Phencyclidine (PCP). This offense is a felony punishable by up to six years in county jail. Potential Defenses Criminal defense lawyers draw upon several legal strategies to challenge accusations under this …

Health & Safety Code 12702 HS – Furnishing Dangerous Fireworks to a Minor

Health & Safety Code 12702 HS makes it a crime to sell, give, or deliver dangerous fireworks to minors. A violation of this law is a misdemeanor punishable by up to one year in jail and a fine of up to $1000.00. The language of the code section reads as follows: 12702. (a) A person who …

Health & Safety Code § 11366 HS – Operating or Maintaining a Drug House

Health & Safety Code 11366 HS – Crime of Operating or Maintaining a Drug House — LEGAL ANALYSISWatch this video on YouTube Health & Safety Code § 11366 HS makes it a crime to open or maintain a drug house. A “drug house” is defined as a place used for unlawfully selling, giving away, or using …

Penal Code 243b & 243c PC – Battery on a Peace Officer

Accused of Battery on a Police Officer? Advice from a former copWatch this video on YouTube Penal Code 243b and 243c are the California laws that define the crime of battery on a peace officer or police officer. A person commits this offense by willfully and unlawfully touching a peace officer or other protected official …

Vehicle Code § 12951 CVC – Failing to Present a Driver’s License

Vehicle Code § 12951 CVC makes it an infraction to drive without having your driver’s license in your possession, and a misdemeanor to refuse to present your license if requested to do so by a peace officer. A misdemeanor conviction is punishable by up to 6 months in jail time and fines of up to …

Vehicle Code § 23110 VC – Throwing an Object at a Motor Vehicle

Throwing an object at a motor vehicle in California (23110 VC) – 5 defensesWatch this video on YouTube California Vehicle Code § 23110 VC makes it a crime to throw any substance at a vehicle (or any occupant in a vehicle) while on a highway. A violation of this section could lead to misdemeanor or …

Vehicle Code § 23222 CVC – Driving While Possessing an Open Container of Alcohol or Marijuana

California Vehicle Code 23222 CVC prohibits driving with an open container of alcohol or marijuana. This is technically not a crime but an infraction that is punishable by a fine of $100.00 plus court costs (but no jail time). The language of the code section reads as follows: 23222. (a) A person shall not have in …

Vehicle Code § 23224 CVC – Alcohol in Vehicle by a Minor

Vehicle Code § 23224 CVC prohibits minors under the age of 21 from driving a motor vehicle containing an alcoholic beverage, or from possessing an alcoholic beverage while riding in a motor vehicle. A violation is a misdemeanor punishable by up to six months of jail time. The language of Vehicle Code 23224 states: “(a) …

Vehicle Code § 23572 VC – DUI With Child Under 14 in Car

DUI with a child in the car? (Legal Analysis)Watch this video on YouTube Califonia Vehicle Code 23572 VC provides for increased penalties if you drive under the influence with a child under the age of 14 in the vehicle. The enhanced sentence includes a mandatory 48 hours of jail for a first-time DUI offense. Our …

Penal Code § 217.1 PC – Assault on a Public Official

Penal Code § 217.1 PC defines the crime of assaulting a public official “in retaliation for or to prevent the performance of the victim’s official duties.” The charge can be filed as a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail time and a fine of up …

Penal Code § 653b PC – Loitering at a School or Public Place Where Children Congregate

Penal Code 653b prohibits loitering on school grounds or public places where children normally congregate (such as a playground or public pool). However, this is only a crime if you do not have any lawful purpose for being at the location, and you intend to commit a crime at the location if the opportunity arises. …

“Crimes Involving Moral Turpitude” in California – A Quick Legal Guide

The term “crimes involving moral turpitude” refers to categories of crimes that involve either dishonesty, or a base, vile, or depraved conduct that is shocking to a reasonable person. Some examples of California crimes that are commonly deemed to involve moral turpitude include: murder, embezzlement, burglary, robbery, perjury, and aggravated assault. In California, the classification as …

Out-of-State Drivers Who Get a DUI in California

Out of State Drivers w/ a DUI in California?Watch this video on YouTube If you are an out-of-state driver, you can get arrested in California for DUI if you drive under the influence of alcohol or with a blood alcohol concentration (BAC) of .08% or greater. Criminal charges can result in consequences in both California …

Penal Code § 1018 – Motion to Withdraw a Plea in California

How to withdraw a guilty or "no contest" plea? (Former DA explains)Watch this video on YouTube Penal Code § 1018 PC is the California statute that allows you to withdraw a plea of guilty or no contest. A judge will typically grant or approve the motion upon a showing of good cause. This includes situations where …

“Necessity Defense” – Can it get a criminal case dismissed?

“Necessity Defense” – Can it get a criminal case dismissed?Watch this video on YouTube “Necessity” is an affirmative defense in which you admit to committing a crime but contend that it was necessary to prevent even greater harm. If you prove necessity by a preponderance of the evidence, you may be entirely acquitted of the …

Marlex Hernia Mesh Devices by C.R. Bard – Key Information

Marlex is the trademarked name for a specific type of plastic. That plastic is used in many of C.R. Bard’s hernia mesh products. Marlex was never being designed for internal use, as it was known to degrade inside the body as it comes into contact with oxygen. Nevertheless, C.R. Bard has used Marlex in its …

Penal Code § 303 PC – Loitering to Solicit the Purchase of Alcohol

California Penal Code § 303 PC makes it a crime to loiter in or around a bar or restaurant for the purpose of asking other patrons to buy you alcohol. This is a misdemeanor punishable by up to 6 months in jail. The language of the code section states that: It shall be unlawful, in any …

Penal Code § 286 PC – California “Sodomy” Laws

When is sodomy still illegal? (Penal Code 286)Watch this video on YouTube Penal Code § 286 PC defines sodomy as any contact between the penis of one person and the anus of another. Sodomy is legal in California unless one of the parties is under 18, incarcerated, unable to consent, or forced into the sex …

“Alibi” as a Defense to Criminal Accusations in California

How to present an "Alibi" defense? A former D.A. explainsWatch this video on YouTube Alibi as a defense One of the strongest legal defenses to California criminal charges is establishing an alibi. This means you have evidence that you were not at the scene of the alleged crime when it took place and thus could …

Penal Code § 186.10 PC – Money Laundering – California Law

California Penal Code § 186.10 defines the crime of money laundering. This is where money obtained from illegal or criminal activity is channeled into bank accounts or other legitimate uses so that the source of the funds becomes untraceable. Money laundering under 186.10 PC is a wobbler, meaning the state can prosecute it as a …

Penal Code § 26350 PC – Open Carry of Unloaded Firearm

How can I legally carry a firearm here in California?Watch this video on YouTube Carrying a concealed weapon or a loaded weapon are both illegal in Califonia, absent a lawful CCW. But Penal Code § 26350 goes a step further, prohibiting even the open carry of an unloaded handgun in a public place or a …

Penal Code 288.7 PC – Law, Penalties, Best Defenses

Arrested for Penal Code 288.7 — Sex with a Child Under 10 Years OldWatch this video on YouTube Penal Code 288.7 PC is a California criminal statute that applies when an adult engages in sexual intercourse or penetration, sodomy, or oral copulation with a child under the age of 10. A conviction is a felony punishable …

§ 236 PC – False Imprisonment – California Law & Penalties

Penal Code 236 PC & 237 PC: The crime of "false imprisonment"Watch this video on YouTube California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to …

Penal Code § 647(b) PC – Prostitution & Solicitation Laws

Playlist: Loitering for ProstitutionWatch this playlist on YouTube Penal Code 647(b) PC makes it a crime either to engage in – or to solicit – prostitution. This means performing any sexual act in exchange for money or other compensation, or offering or agreeing to such an arrangement. Violations of Penal Code 647b can result in …

Can I Withdraw a Guilty Plea in My Orange County Criminal Case?

A man holding his head down in anguish over filing a guilty plea.

You’ve entered into a plea bargain with prosecutors and pled guilty to a felony in Orange County, California. On second thought, however, you think you’ve made the wrong decision. You may be able to take your guilty plea back, but only under certain circumstances and only if you do it in time. California law specifically …