California

What is a "991 motion" in a California criminal case?Watch this video on YouTube A “Penal Code 911 Motion” is made by a defendant in custody at a misdemeanor arraignment, asking the judge to find insufficient probable cause to support the charge. If the motion is granted, the charge is dismissed, and the defendant is released …

California Penal Code 264.1 PC defines the crime commonly referred to as “gang rape.” This is where two or more people act in concert (work together) to engage in non-consensual sexual intercourse with a victim. The language of the code section states that: 264.1. (a) The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in …

California Vehicle Code 23124 VC prohibits minors, or persons under the age of 18, from using a cell phone or a handheld electronic device while driving. This includes talking on the phone, texting and typing. There are four important points to know about Vehicle Code 23124. The only exception to the law is when a …

California Vehicle Code 23127 VC says that it’s against the law for persons to drive “unauthorized vehicles” on California trails and paths. There are four important points to know about this code section. An “unauthorized vehicle” is a vehicle driven by a driver on a path that the owner of the path has not consented …

Bringing a dangerous weapon onto school grounds — Penal Code 626.10 PCWatch this video on YouTube Penal Code § 626.10 PC makes it a crime to bring dangerous weapons onto any public or private school grounds, including dirks or daggers, ice picks, stun guns, and BB guns. The offense is a wobbler that can be …

Hernia mesh lawsuits claim that these medical devices have a high failure rate and that they are cause for infections bowel obstruction organ perforation scar tissue chronic pain, and — among many other complications — the need for additional surgeries. If you have been injured by a defective mesh product, you may be eligible to …

Health and Safety Code § 11153 is the California statute that makes it a crime for a medical professional to engage in prescription fraud. This is where the person knowingly prescribes a controlled substance that: is not issued for a legitimate medical purpose, or is not issued in the usual course of his professional practice. …

California Health and Safety Code § 11154 HS makes it a crime for physicians to prescribe a controlled substance to any person who is not under their treatment. Prosecutors can charge this as a misdemeanor or a felony, and the penalty is up to three years in jail or prison. This section is often charged together …

In a workers’ compensation case, a deposition is a legal proceeding, outside of a courtroom and prior to trial, in which an injured worker is questioned under oath about the circumstances surrounding the injury. An attorney for the insurance company, known as a defense attorney, conducts the injured worker’s deposition. Also present is a court …

“Intentional interference with prospective economic advantage” is a type of unfair business practice that occurs when someone intentionally interferes with an established business relationship using unlawful or wrongful means (as compared to fair competitive practices). The tort is also referred to sometimes as: Intentional interference with prospective economic relations, Intentional interference with prospective business advantage, …

Health and Safety Code 11355 HS makes it a crime to arrange or offer to sell, furnish or transport a controlled substance, and then to provide a fake or imitation drug instead. In other words, it is not a defense to the charge that the item was not really a controlled substance. This section can be …

On January 1, 2018, it became legal in California for adults age 21 and older to use and possess up to eight (8) grams of concentrated cannabis (hashish). The new California marijuana law resulted from voter passage of Proposition 64 (marijuana legalization) in 2016. However, possessing more than eight grams of concentrated cannabis is a misdemeanor, punishable by up to …

Health and Safety Code § 11357.5 HS is the California statute that makes it a crime either to: sell or give synthetic cannabis (marijuana) to someone, or use or possess synthetic cannabis. The language of the statute reads: 11357.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, …

Updated February 28, 2022 On January 1, 2018, recreational marijuana use became legal for adults over 21 years of age in California. Medical marijuana laws under California’s “Compassionate Use” Act, however, remain in full force and effect. Significantly, California’s medical marijuana laws offer certain advantages for patients over the purchase of retail marijuana. Such advantages …

California Health & Safety Code § 11363 HS makes it illegal to cultivate (that is, to plant, harvest, dry or process) peyote or other mescaline-containing cacti. Doing so is a wobbler offense that can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the crime is punishable by: imprisonment in …