California

HGN Test | Horizontal gaze nystagmus | HGN | Nystagmus Test | Horizontal gaze nystagmus testWatch this video on YouTube The Horizontal Gaze Nystagmus Test (HGN) is a standardized field sobriety test (FST) that police use to see if you are under the influence of alcohol or have a blood alcohol content (BAC) of .08%. …

Can the DMV revoke my license for medical reasons?Watch this video on YouTube A  DMV reexamination hearing (sometimes called a P&M hearing) is a hearing to determine whether your driver’s license should be revoked because medical conditions make you unsafe to drive. These conditions can be physical or mental, though they must actually impact your ability …

A lapse of consciousness hearing is when a proceeding in which the DMV decides whether to issue a driver’s license suspension because the person is prone to lose consciousness and thus poses a danger as a motorist. The DMV can suspend a person’s license because of a physical or mental condition that hinders his or her ability to drive …

A Driver Medical Evaluation (DME) is a medical document or questionnaire that the DMV uses it to evaluate your medical and physical health as it bears on fitness to drive. The Department can suspend your driving privileges if the DME shows ill health. “Ill health” means you suffer from medical conditions that make you unsafe …

A supplemental driving performance evaluation (SDPE) is a driving test conducted by the DMV. The Department uses the test in its reexamination process to re-evaluate your ability to drive safely. The SDPE is similar to the “Behind the Wheel” test the DMV administers to new drivers. However, the evaluation focuses more on drivers with vision …

Playlist: Prop 36 — Deferred Entry of Judgement After a Drug Possession ConvictionWatch this playlist on YouTube Proposition 36…more commonly referred to as “Prop 36″…is a criminal sentencing initiative that was passed by California voters on November 7, 2000.  Prop 36 requires that eligible non-violent drug offenders serve their time in a drug treatment program …

A habeas corpus petition in California allows you to challenge your conviction or sentencing. You can file it only after exhausting all criminal appeals, and the petition must show your detention violates the law or your constitutional rights as per Penal Code 1473. If your habeas corpus petition is granted, the court may order your …

To improve the reliability of eyewitness identifications, California recently instituted new rules for how police lineups must be conducted. Defendants can still challenge biased lineups and identifications through pretrial motions or at trial. Defendants may also request their own lineups (called “Evans lineups”) that can aid in their defense if a witness fails to identify …

What is the deadline to "appeal" a criminal conviction in California?Watch this video on YouTube The typical deadline to appeal a judgment in a misdemeanor case is 30 days from the date of the judgment. A “judgment” includes a conviction, sentence, or an order granting probation. The typical deadline to appeal a judgment in a …

Did your loved one get sentenced to life in prison under California’s three strikes law? They may be eligible to get resentenced to have the prison time reduced and get released sooner. In November of 2012, California voters passed Proposition 36 (“Prop 36”), which made a key change to California’s notorious anti-defendant three strikes law.1 …

How Does a "Grand Jury" Work in California — All the Key Facts You Need to KnowWatch this video on YouTube In California, a grand jury is a legal process commonly used in federal and serious state felony cases, where a jury of citizens from the community convenes to determine whether there is sufficient evidence to charge or indict an individual for a criminal offense.1 Grand …

The psychotherapist-patient privilege, a California evidentiary privilege set forth in Evidence Code § 1014, provides that: You have the right not to disclose any confidential communications between you and your psychotherapist in a California criminal jury trial; and You have the right to prevent your therapist from disclosing any such confidential communications.1 In this article, we will quote the full …

California’s marital/spousal privilege gives you the right to refuse to testify against your spouse in a criminal jury trial.1 The marital privilege also allows you to refuse to disclose any confidential communications made between you and your spouse during the course of the marriage. This includes the right to prevent your spouse from disclosing any …

California Evidence Code § 1101 generally bars prosecutors from presenting “character evidence” against a criminal defendant.1 This means the D.A. cannot point out your past “bad acts” or criminal behavior as evidence of your guilt in the current case.2 Example: Judy is on trial for robbery and murder. During her cross-examination, the prosecutor gets her …

“Possession” has a precise definition under California law.  It is broader than what we normally think of as possession. California crimes involving possession include (but are not limited to): Possession of a controlled substance, Health and Safety Code 11350 HS Possession of child pornography, Penal Code 311 PC Receiving stolen property, Penal Code 496 PC …

What is the “Shopkeeper’s Privilege” in California?Watch this video on YouTube Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or store owners or merchants) to detain a customer if they have probable cause that the person is guilty of shoplifting (per Penal Code 459.5). Under the law, though, it is required that a …

DMV Fatality Hearing: What is It and How Do I Prepare?Watch this video on YouTube A DMV fatality hearing occurs when a motorist is suspected of causing an accident that leads to someone’s death or serious injury. The hearing is a legal proceeding to determine whether the DMV will suspend the driving privileges of the person …

A 1650 waiver is a request by a non-California resident, who was convicted of DUI in California, for the DMV to waive its DUI program requirement. Note that without the waiver, your home state can refuse to issue a license to you until you complete the DMV’s DUI program. This means that you would have to …

A “traumatic condition” in a California domestic violence case is defined as any wound or other bodily injury caused by the direct application of physical force. It does not need to be serious – a minor wound or injury will suffice. The term mainly arises in domestic violence cases involving Penal Code 273.5 PC – …

Who can get charged with Medi-Cal Fraud?Watch this video on YouTube “Medi-Cal fraud” is a fraud that is committed in connection with California’s Medi-Cal program. Medi-Cal is a state program that provides free or low-cost health coverage to children and adults with limited income and assets.1 Medi-Cal fraud has elements of both health care fraud and …

The California Victim Compensation Program (“CalVCP”) is a state fund that provides victims of violent crimes with financial resources to cope with the impact of the crime. Crime victims (and relatives of crime victims) who have suffered physical injury or threat of physical injury can apply to the victim compensation program for crime-related losses, including: medical …

Child gets arrested. What rights do the parents have?Watch this video on YouTube As the parent of a child caught up in the California criminal justice system, you feel overwhelmed and powerless. But the good news is that you have rights. You have the right to be informed when your child has been taken into …

Have you been charged with participation in a “phantom help” real estate fraud scheme?  If so, we’re here to help! In this article, our California criminal fraud attorneys1 explain the laws regulating California’s “phantom help” scams by addressing the following: 1. What is “Phantom Help”? 1.1. Specific types of phantom help 2. Legal Defenses 2.1. …