California

The California Evidence Code sets out rules about what kind of evidence may be introduced in a criminal jury trial. The most important California criminal evidence rules include: The rule that all evidence introduced at trial must be relevant,1 The rule that all evidence have “foundation”—that is, that it be reliable,2 Rules about who is …

When can cops search my computer? In these 4 scenariosWatch this video on YouTube Police may search the files and data on your computer ONLY under one of the following circumstances: When they have a valid search warrant authorizing them to do so;1 When you or someone else with authority over the computer has given …

Who Qualifies as a Mentally Disordered Offender (MDO) in California Court?Watch this video on YouTube A mentally disordered offender (MDO) is a status given to individuals convicted of certain violent or sex-based felonies, when the crime was caused by a severe mental disorder. These offenders must receive mental health monitoring as a condition of being released on parole. California law …

What Happens if I "fail to appear" in Court? (Penal Code 1320 PC & 1320.5 PC)Watch this video on YouTube Penal Code §1320(a) PC is the California statute that makes it a crime to willfully fail to appear in court when required to do so. If the underlying charge is a misdemeanor, then failing to appear is …

Dry Reckless vs DUI? A former D.A. explainsWatch this video on YouTube In California, a dry reckless is when you plea bargain your DUI charge down to reckless driving (not involving alcohol) under Vehicle Code 23103 VC. This is a favorable deal because dry reckless carries laxer penalties than DUI. The sentence for a dry …

Fighting "Shoplifting" charges in CaliforniaWatch this video on YouTube California Penal Code § 459.5 PC defines “shoplifting” as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. Shoplifting is typically a misdemeanor offense punishable by up to six months in jail and/or $1,000 in fines. …

Playlist: Negligent OperatorWatch this playlist on YouTube The term “negligent operator” refers to a suspension or revocation of your driver’s license imposed by the California DMV because you accumulated too many points on your driving record during a given period of time. Points are assessed for moving violations as well as criminal traffic convictions such …

Penal Code 242 PC — The Crime of "Battery"Watch this video on YouTube California Penal Code § 242 PC defines the crime of simple battery as the “willful and unlawful use of force or violence” on another person (even if it does not cause injury or actual pain). Simple battery is a misdemeanor that carries …

“5 Consequences of a 2nd time DUI Conviction in California”Watch this video on YouTube A second offense DUI conviction in California carries these misdemeanor penalties: A “mandatory minimum” of 96 hours to a maximum of 1 year in jail, A fine of $390 to $1,000, plus penalty assessments (which can take the total to nearly …

Playlist: Age of Consent VideosWatch this playlist on YouTube What is the age of consent in California? In California, a person must be at least 18 years of age to be legally capable of consenting to have sex. This means that it is illegal to have sex with a minor under 18, even if the minor …

California’s traffic laws on improper passing and overtaking vehicles are found in Vehicle Code § 21750-21759 VC. Each code section provides specific rules on overtaking vehicles, passing vehicles, or both. In short: Vehicle Code 21750 VC requires you to pass on the left. Vehicle Code 21751 VC mandates that you pass to the left of center …

California Evidence Code § 1200 defines hearsay as any statement (a) made by someone other than the witness who is testifying and (b) offered to prove the truth of the matter asserted. In simpler terms, hearsay evidence is when a person shares something he or she heard from someone else, rather than from firsthand knowledge. But …

Vehicle Code 2800.2 VC – Felony Reckless EvadingWatch this video on YouTube California Vehicle Code § 2800.2 VC prohibits felony reckless evading, which is fleeing from the police while driving with a willful or wanton disregard for the safety of people or property. Despite its name, felony reckless evading can be charged as a misdemeanor …

Is it a crime to plant or tamper with evidence? (Penal Code 141)Watch this video on YouTube Penal Code § 141 PC makes it a crime to plant or tamper with evidence in order to get someone to be charged with a crime, or to cause deception at a legal proceeding. Doing so is a misdemeanor …

Crime of “Fraud” in California — Laws, Penalties, & Defenses Explained by Top Defense AttorneyWatch this video on YouTube California’s criminal fraud laws make it a crime to use deception or deceit to: commit an act that results in an unfair or undeserved benefit for yourself, and/or cause harm or loss to another person. Often …

Vehicle Code 10852 VC — "Tampering with a vehicle"Watch this video on YouTube California Vehicle Code § 10852 VC makes it a crime to (1) tamper with or injure a vehicle as a whole, or (2) break or remove individual parts of a vehicle. Doing so is a misdemeanor punishable by up to one year …

Penal Code § 4852 PC is the California statute that lays out the procedures for obtaining a certificate of rehabilitation and a pardon. Certificates of rehabilitation improve employment prospects. Pardons restore civil rights and possibly firearm rights. Penal Code 4852 PC states: 4852.01. (a) A person convicted of a felony who is committed to a …