“Competency to Stand Trial” — Raising a "doubt" under Penal Code 1368 PCWatch this video on YouTube Penal Code § 1368 PC sets forth California law as to a defendant’s mental competency to stand trial. If a judge believes you lack the mental ability to understand the criminal proceedings and assist in your defense, then …
"Receiving a Stolen Vehicle" in California — When is it a crime? — Penal Code 496d PCWatch this video on YouTube California Penal Code § 496d PC prohibits buying, receiving, selling, or hiding a vehicle you know is stolen. This crime is a wobbler, which means it can be charged as either a: misdemeanor carrying …
Are "brass knuckles" illegal in California? (Penal Code 21810 PC)Watch this video on YouTube California Penal Code § 21810 PC makes it a crime to manufacture, import, sell, give, lend, or possess metal or brass knuckles. This offense is a wobbler, meaning prosecutors can charge it as either a: misdemeanor carrying up to 1 year in jail and/or …
Is Being Drunk or High a Defense to a Crime? — Voluntary vs. Involuntary Intoxication DefensesWatch this video on YouTube Voluntary and involuntary intoxication are both possible defenses in California criminal cases. If successful, the defenses may work to get a criminal charge reduced or even dropped altogether. However, involuntary intoxication (such as by being …
What Is "Criminal Conspiracy?" — California Penal Code 182 PCWatch this video on YouTube California Penal Code § 182 PC prohibits criminal conspiracy, which is when you agree with another person(s) to commit a crime, and at least one of you takes an overt act to further that agreement. Conspiring to commit a felony is a …
3 Types of Prank Calls That Could Land You in Jail (Penal Code 653m PC)Watch this video on YouTube California Penal Code § 653m PC makes it a misdemeanor to harass or annoy someone through phone calls or electronic communications that are obscene, threatening, or repeated in nature.1 A conviction carries up to six months in jail …
LEGAL ANALYSIS — Crime of forcible sexual penetration with a foreign object (CA Penal Code 289)Watch this video on YouTube California Penal Code § 289 PC prohibits forcible penetration of a person’s vagina or anus using a foreign object, and the victim did not – or could not – consent. Violating 289 PC is a …
California Penal Code § 452 PC makes it a crime to recklessly set fire to or burn any structure, forest land, or property. Examples of reckless burning include: throwing a burning cigarette into a dry bush, lighting a match next to highly flammable materials that then go up in flames, or burning your trash immediately next …
Penal Code 272 PC — "Contributing to the Delinquency of a Minor"Watch this video on YouTube California Penal Code 272 PC prohibits contributing to the delinquency of a minor. This means causing or enabling a child under 18 to either: engage in illegal or delinquent behavior, become a habitual truant, or become a dependent or …
Vehicle Code 14601.2(a) VC – Driving with a Suspended License Because of DUIWatch this video on YouTube California Vehicle Code § 14601.2(a) VC makes it a misdemeanor.crime to drive a motor vehicle while your license is suspended or revoked for driving under the influence of alcohol (DUI). Even a first-time conviction carries a minimum of …
What happens if I violate a written promise to appear in court? California Penal Code 853.7 PCWatch this video on YouTube California Penal Code § 853.7 PC makes it a misdemeanor to miss court after signing a written promise to appear. You typically sign a written agreement to appear after getting released from custody on your …
Having an active arrest warrant or bench warrant in California authorizes law enforcement officers to arrest and detain you. To clear the warrant, you or your lawyer must voluntarily appear before the judge and request that it be recalled. Meanwhile, a California search warrant authorizes police officers to search you, your residence, your vehicle, your …
Who are required "Mandatory Reporters" in California?Watch this video on YouTube In California, mandated reporters are teachers, social workers, clergy, doctors, and other professionals who are required to notify police or social services of alleged abuse or neglect of a child under 18 years old. Under California’s Child Abuse and Neglect Reporting Act (CANRA), mandatory …
Playlist: Sealing & Destroying Arrest Records in CaliforniaWatch this playlist on YouTube If you were arrested for a crime but never convicted, California law allows you to get your arrest records sealed and destroyed as a matter of right. Sealing a record means that it will not show up on most criminal background checks. “Arrest records” …
A background check is when an employer or other company performs a screening of your past misdemeanor and felony convictions, negative credit report information, education history, and other public data. Background checks are lawful in California. However, employers are required to abide by several restrictions and obligations found in: California’s ban the box law (“Fair Chance Act”), the …
Possession for Sale of Methamphetamine (Health & Safety Code 11378 HS)Watch this video on YouTube California Health and Safety Code § 11378 HS makes it a felony crime to possess methamphetamine with the intent to sell the drug. It carries up to 3 years of jail time and/or fines of up to $10,000. Examples of …
What can get you arrested for "check fraud"? (Penal Code 476)Watch this video on YouTube California Penal Code § 476 PC prohibits check fraud. You commit this crime by making, passing, uttering, or publishing a fake or fraudulent check in order to obtain something of value. Examples of check fraud include: forging the name of …
Former D.A. Explains "Indecent Exposure" laws — Is it Illegal to Be Naked in Public?Watch this video on YouTube California Penal Code § 314 PC prohibits indecent exposure, which is willfully exposing your naked genitals to others who could be offended or annoyed by it. Most first-time indecent exposure convictions are misdemeanors carrying up to …
What Is "Prosecutorial Misconduct"? Can It Get My Case Thrown Out? Former Prosecutor ExplainsWatch this video on YouTube Prosecutorial misconduct refers to unethical or unlawful tactics by prosecutors in a criminal case, such as withholding exculpatory evidence from you (the defendant), making false statements, or presenting inadmissible evidence to the jury. Prosecutors found to have …
Former L.A. County District Attorney — Now Top California Sex Crimes Defense AttorneyWatch this video on YouTube At Shouse Law Group, we understand that just being accused of a sex crime can upend your life. If you get convicted of a sex crime, you face jail or prison, sex offender registration, and the loss of your …
Residential Burglary — "Is it more serious than commercial burglary?" Penal Code 460 PCWatch this video on YouTube California Penal Code § 460 PC makes it a felony to commit residential burglary, which is entering any inhabited dwelling with the intent to commit grand theft, petty theft or a felony once inside. The penalties are …
How to fight a case in juvenile courtWatch this video on YouTube Every year, thousands of youths are funneled through California’s juvenile courts. Although the focus is to rehabilitate rather than punish, the state’s juvenile justice system is traumatic and can have lasting repercussions on your child’s future. However, there are many juvenile justice options …
California truancy laws require children to go to school. The state laws apply to children between the ages of 6 and 18 who attend either: elementary school, middle school, or high school. Failure to attend school carries consequences for not only the truant student but also possibly for their parents. In this article, our Los …
California Penal Code 4573 — Bringing a controlled substance into a jail or prisonWatch this video on YouTube Penal Code § 4573 PC makes it a crime to bring a controlled substance into a California jail or state prison. A conviction is a felony (as opposed to a misdemeanor or an infraction). The following table shows the penalties …
Under California law, a felony is a serious criminal offense that can result in imprisonment for more than one year. Felonies are considered more severe than misdemeanors and can have significant consequences, including loss of voting rights (while in prison), professional licenses, and the ability to own firearms. This article will explore the consequences of …