California

An “evidentiary privilege” is the right to Refuse to testify in court or disclose certain information in a court case, or Prevent someone else from testifying against you or disclosing certain information.1 There are several important California evidentiary privileges that could make a difference in a California criminal jury trial, such as The privilege against …

California Vehicle Code § 2800.4 VC makes it a crime to evade, dodge or avoid, a police officer by driving in the opposite direction of traffic. The offense can be charged as a misdemeanor or a felony, and is punishable by up to 3 years in jail or prison. Note that police will often write this …

"Shurikens" or Ninja Throwing Stars — Are they legal in California? Penal Code 22410 PCWatch this video on YouTube Penal Code § 22410 PC is the California statute that prohibits making, importing, selling, giving, or possessing a shuriken, or SHUR. This device is also known as a throwing star, or a ninja star. The language …

California Penal Code § 499c PC makes it a crime to steal trade secrets. A trade secret is information belonging to a business that is valuable because it is not known to the public (such as a pizza parlor’s “secret recipe” for its sauce). A conviction under this section is a felony punishable by up to …

Vehicle Code 10752 VC is the California statute that makes it a crime for a person to: sell a vehicle identification number (VIN), or possess a stolen or fraudulent VIN. Examples of illegal acts under this statute are: Phil helps a car lot that deals in stolen vehicles by selling it vehicle identification numbers that …

Penal Code 484h PC prohibits retailer credit card fraud, which occurs when a merchant runs credit or debit card transactions that defraud customers, suppliers, vendors, or the issuing banks. Depending on the amount of money involved, the offense can be prosecuted as a misdemeanor or a felony. The language of the statute reads as follows: …

Is it a crime to have more than an ounce of marijuana? — California Health & Safety Code 11357 HSWatch this video on YouTube Health and Safety Code § 11357 HS prohibits the “unlawful” possession of marijuana in California. That said, adults ages 21 and over are allowed to possess up to 28.5 grams of dried …

Penal Code 499b PC is the California statute that makes it a crime temporarily to take or borrow another person’s bicycle or vessel, without that person’s permission or consent. Commonly referred to as joyriding, a conviction can lead to probation, fines and jail time. Examples Late for a meeting, Jerry “borrows” his neighbor’s bike (without …

Penal Code § 469 PC makes it a crime to duplicate a key to a California state building without proper authorization. This is a misdemeanor with a maximum sentence of up to 6 months in jail and a fine of up to $1000.00. The language of the code section reads as follows: 469. Any person …

Health & Safety Code 11360 HS – "Marijuana Sales or Transport"Watch this video on YouTube Although the recreational use of marijuana is now legal in California, the sale of marijuana is still tightly regulated. Health and Safety Code § 11360 HS makes it a crime to sell, give away, import into the state, or transport for sale, any amount of marijuana or concentrated …

Maliciously discharging a laser (such as a handheld laser pointer) at an occupied aircraft (while in motion or in flight) is a crime under Penal Code 247.5 PC. Prosecutors can charge this section as either a misdemeanor or a felony. The language of the code section reads as follows: 247.5. Any person who willfully and maliciously discharges a laser at …

Penal Code § 550 PC makes it a crime if you “knowingly present, or cause to be presented, any false claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance.” A conviction is a felony punishable by up to 5 years in jail. Common …

In California, driving under the influence can only be charged as a misdemeanor so long as these three conditions are met: it is a first, second, or third DUI (or wet reckless) within ten years, no one was injured, and the driver has no prior felony DUI convictions. Under Vehicle Code § 23152, it is …

Unlawful police detention is when law enforcement, without legal justification, restricts your freedom to leave. Doing so constitutes a civil rights violation based on the Fourth Amendment. That amendment to the U.S. Constitution prohibits officers from conducting unreasonable searches or seizures. A police detention is a seizure of your person. If it is unreasonable, it violates …

Can a parent go to jail because the child ditches school?Watch this video on YouTube Penal Code § 270.1 PC makes it a crime when parents or guardians fail to provide reasonable supervision and enforcement of their child’s school attendance. This applies to children ages six or older in grades K through 8. A conviction …

California Penal Code § 284 PC makes it a crime to marry or enter a registered domestic partnership with someone whom you know to be the spouse of another person. Doing so is a felony with a penalty of up to 3 years in jail. Specifically, the code section states that: 284. Every person who knowingly and willfully …

California Penal Code § 551 PC prohibits unlawful referrals (for kickbacks) to an auto repair dealer. This offense can be prosecuted as either a misdemeanor or a felony, and carries a maximum sentence of up to 3 years in jail or prison. Examples Mike owns a car repair shop and offers an insurance agent $200 for …