When is DUI a felony? In these 3 situationsWatch this video on YouTube In California, driving under the influence of alcohol or drugs can be charged as a felony in only four situations: It is your 4th DUI within 10 years, You have a prior felony DUI conviction, You cause an accident in which another …
The SCRAM Continuous Alcohol Monitoring is a tamper-resistant ankle bracelet that tests your sweat for blood alcohol concentration (“BAC”) every 30 minutes. Use of the SCRAM device is often ordered as a jail alternative or condition of probation in a DUI case. Here are four key things to know: A BAC reading of .02% or …
Utilization review is an independent review of the medical treatment plan proposed by an injured worker’s doctor. The purpose is to determine if the treatment is medically necessary and therefore covered by the employer’s workers’ compensation plan. An independent doctor conducts the review and generally must make a decision within 5 working days to approve, modify, or deny the treatment. The steps in …
LEGAL ANALYSIS — Falsely Accused of Rape in California? Advice from a former D.A.Watch this video on YouTube “Date rape” is a term commonly used to describe nonconsensual sexual intercourse that takes place between people who (1) are or were dating, or (2) are voluntarily spending time together. While date rape sounds more casual than a typical …
Minor in possession of alcohol — Is it a crime in California?Watch this video on YouTube Being a minor in possession of alcohol is a crime in California, as it is in most states. The law prohibits persons under 21 years of age from possessing an alcoholic beverage in any public place. The offense is a misdemeanor punishable by community …
Vehicle Code 12500 VC – A former D.A. explainsWatch this video on YouTube Vehicle Code § 12500 (a) VC makes it illegal to drive a motor vehicle in California without a valid driver’s license. This offense is charged either as a misdemeanor carrying up to six months in jail and/or $1,000 or as a non-criminal infraction carrying …
Can I go to jail for a fake I.D.? (Penal Code 470b)Watch this video on YouTube California Penal Code 470b PC makes it a crime to possess or display a fake ID to deceive or defraud another person. This is a wobbler, meaning prosecutors can charge it as a misdemeanor or a felony. The maximum sentence is up to 3 years in jail or prison. The …
In California, a motion for resentencing (MFR) is brought by a person who has already been convicted and sentenced for a crime, and who is now asking the court to reduce or modify the sentence. The motion typically seeks to reduce jail or prison time, to allow the defendant to be released from custody, or to relax …
False Report of an Emergency…When is it a Crime? (Penal Code 148.3 PC)Watch this video on YouTube Under California Penal Code § 148.3 PC, it is a crime to make a false report of an emergency when doing so results in the response of an emergency vehicle, an AMBER Alert, or the evacuation of any …
Truvada HIV Drug Lawsuits – Who has a valid claim?Watch this video on YouTube Settlements of TDF lawsuits are likely to resolve the mass tort claims against Gilead Sciences, Inc. for the side effects caused by Truvada and their other HIV treatment drugs. However, because the Truvada lawsuits are still very new, settlements are still …
Are "Field Sobriety Tests" Impossible to Pass? How DUI Police Set You Up to Fail – Former ProsecutorWatch this video on YouTube Field sobriety tests (FSTs) are a series of physical and mental exercises that California police administer in DUI investigations. Poor performance on FSTs is thought to be a sign of impairment from alcohol …
Dirk or Dagger "When are knives illegal to carry?" — California Knife Laws — Penal Code 21310 PCWatch this video on YouTube Penal Code § 21310 PC makes it a crime to carry a concealed dirk or dagger, which is a knife capable of ready use as a stabbing weapon that may inflict great bodily …
Defense lawyers use "private polygraph tests" to exonerate clientsWatch this video on YouTube A private polygraph test is when you hire a polygrapher and voluntarily take a lie detector test in order to demonstrate that you are being truthful about a matter. This is frequently done in criminal cases to exonerate you. The examiner asks you whether you committed the …
If you get convicted of DUI, you will likely be granted probation. DUI probation allows you to stay out of jail by agreeing to abide by certain terms and restrictions. These terms usually include payment of a fine and completion of DUI school. You must also agree not to drive with any measurable blood alcohol …
Penal Code § 208 PC is the California statute that defines the crime of kidnapping a child under the age of 14. This form of aggravated kidnapping is a more serious charge than ordinary kidnapping, under Penal Code 207, and carries a harsher sentence. The language of the code section reads that: 208. (a) Kidnapping is punishable by imprisonment in the state …
California Vehicle Code § 21453 CVC requires drivers to stop at a red traffic signal before entering the intersection or crosswalk, or at the marked line. If there is no sign prohibiting a turn, the driver must come to a complete stop before turning right on a red light or left from a one-way street …
Vehicle Code § 21703 VC is the California statute prohibiting drivers from following the vehicle in front too closely, or tailgating. A ticket for this traffic offense is an infraction that carries a fine of $238.00 plus court costs. The language of the code section states that: 21703. The driver of a motor vehicle shall …
Penal Code 401 PC – When is "assisted suicide" illegal in California?Watch this video on YouTube In California, under Penal Code § 401 PC, it is a crime to assist or encourage someone to commit suicide. Doing so is a felony punishable by up to 3 years in jail. A judge can award felony (or formal) probation …
Can cops in California arrest you for "appearing" to be a hooker? (Former DA explains)Watch this video on YouTube Penal Code 653.22 PC is a law (that was repealed in 2022) that made it a crime in California to loiter in a public place with the intent to commit prostitution. Prior to the repeal, a …
Under California Penal Code § 245.6 PC, hazing is a crime when (a) it is used as a method of initiation into a student-based organization, and (b) the method is likely to cause serious bodily injury. It is still a crime even if no one is actually injured. The full language of the code section reads …
How to get a CCW in California (Former D.A. explains)Watch this video on YouTube Having a valid concealed weapons permit ( CCW for short) is the only way ordinary citizens can legally carry firearms in public in California . Absent a CCW , carrying either a loaded or an unloaded firearm in public is a …
What is Aiding and Abetting? A former D.A. explainsWatch this video on YouTube Penal Code § 31 PC is the California statute that addresses aiding and abetting. This is defined as encouraging, facilitating or aiding in the commission of a criminal act. A person who aids and abets a crime faces the same punishment as the one who directly commits the crime. …
You can be criminally charged under Penal Code § 399 PC if you own or keep a dangerous animal, you fail to take steps to control the animal, and someone is killed or seriously injured as a result. The offense can be prosecuted as a misdemeanor or a felony, and is punishable by up to 3 years …
California Penal Code 152 PC makes it a crime to conceal (or attempt to conceal) an accidental death. Concealing includes such acts as hiding a body, destroying evidence, or hiding the objects that caused the accidental death. The language of the statute reads: 152. (a) Every person who, having knowledge of an accidental death, actively conceals or attempts …
California Penal Code § 169 PC makes it a crime to picket or parade near a courthouse with the intent either to interfere with or obstruct the administration of justice or to influence any judge, juror, witness, or officer of the court. The language of the statute reads that: Any person who pickets or parades in …