California

Penal Code 3455 PC — Violation of Post Release Community Supervision in CaliforniaWatch this video on YouTube California Penal Code § 3455 PC instructs courts on how to treat ex-prisoners who violate the terms of their Post Release Community Supervision (PRCS). When this happens, courts are permitted to modify or revoke PRCS or refer the person …

977 Waiver — Can my attorney appear for me in a California criminal case?Watch this video on YouTube Penal Code § 977 PC allows you in most California misdemeanor cases to waive your personal appearance and appear “by counsel only.” This means the attorney can go to court and appear on your behalf. However, you …

California drug court is an outpatient substance abuse program that allows defendants facing nonviolent drug charges to avoid jail and a criminal conviction. Treatment typically lasts nine months to three years, and meanwhile you can keep your job and go on with your life. As long as you complete rehab, your charge gets dismissed, your …

A coerced confession is an involuntary confession that comes from overbearing police conduct rather than a suspect’s free will. It is considered involuntary because the confession is not a product of the accused’s free choice. Police-induced coerced confessions have been found to lead to suspects confessing to crimes they did not commit. State and federal courts generally exclude from …

In California, an “own recognizance” release is when the court lets a defendant out of jail after an arrest without having to post bail, based solely on his or her promise to (a) return to court for future hearings and (b) comply with certain conditions of release. Anyone charged with a California criminal offense may …

Parole in California "How does it work?" — Top Criminal Defense Attorney ExplainsWatch this video on YouTube In California, prison inmates serving sentences for serious or violent felonies get placed on parole upon their release. Parole is a supervisory program where “parolees” abide by various terms for a set number of years as a condition …

5 common grounds to "appeal" a criminal caseWatch this video on YouTube The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge. Generally, the appellant must show not just that one of these …

What is a rap sheet? — Key information you need to knowWatch this video on YouTube A rap sheet is an official record of your misdemeanor and felony arrests and convictions from throughout the United States. It also goes by the terms criminal history record or Record of Arrests and Prosecutions (“RAP”). You can request …

Penal Code 647.6 PC – The crime of "annoying or molesting a child" LEGAL ANALYSISWatch this video on YouTube California Penal Code § 647.6 PC makes it a crime to annoy or molest a child under 18 while motivated by a sexual interest in the child or children generally. This offense can be a misdemeanor or …

Are "large capacity magazines" legal in California? (Penal Code 32310)Watch this video on YouTube Under California law, large-capacity magazines (LCMs) are ammunition-feeding devices that can hold more than 10 rounds. Penal Code § 32310 PC makes it a crime to possess, transfer, sell, or make LCMs, no matter when you acquired them. There are exceptions …

LEGAL ANALYSIS — Arrested for sex with a minor? Advice from a former D.A.Watch this video on YouTube Penal Code § 261.5 PC prohibits statutory rape, which is having sexual intercourse with anyone other than your spouse younger than 18 years old – California’s age of consent. In court, statutory rape is more commonly called unlawful …

Playlist: Exhibition of Speed and Street TakeoversWatch this playlist on YouTube California Vehicle Code § 23109(a) VC makes it a crime to participate willfully in a speed contest. A “speed contest” is where two or more motor vehicles race on a public street, highway, or freeway. It can also refer to racing against a timing device such as a clock …

"What is a misdemeanor?" Top 5 questions answered by a criminal defense lawyer and former prosecutorWatch this video on YouTube In California, misdemeanor crimes carry up to 364 days in county jail and $1,000 in fines. A misdemeanor is more serious than an infraction but less serious than a felony. Here are five key things to …

A stop-and-frisk (also called a “Terry stop“) refers to a controversial practice allowing police to temporarily detain and search you in a public place without a warrant. In California, law enforcement can conduct stop-and-frisks only if they have reasonable suspicion of criminal activity. Here are three key things to know: During a Terry stop, police …

How do "Search Warrants" work in California?Watch this video on YouTube In California, a search warrant is issued by a judge and authorizes law enforcement to search a person, a residence, a vehicle, a place of business, or any other specified area suspected of containing evidence of illegal activity. Search warrants must be based on …

Who Can Be Charged with "Identity Theft" in California? — Penal Code 530.5 PCWatch this video on YouTube California Penal Code § 530.5 PC prohibits identity theft, which is using someone else’s personal identifying information “for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without …