Arrested for Rioting? — Harvard Lawyer: "Rioting" vs "Freedom of Assembly"Watch this video on YouTube Penal Code § 404 PC is the California statute that defines the crime of rioting or participating in a riot. This occurs when two (2) or more people acting together do any of the following without authority of law: Use …
Penal Codes 407 & 408 — The crime of unlawful assembly in CaliforniaWatch this video on YouTube Penal Code 408 PC is the California statute that makes it a crime for a person to participate in an unlawful assembly. This means for two or more people to gather together to do something illegal, or to …
When is "failure to disperse" a crime at California protests? (Penal Code 409 & 416)Watch this video on YouTube California Penal Code § 416 PC makes it a crime for two or more people to assemble or gather, for the purpose of disturbing the public and then fail to disperse after being ordered to do so by the …
Are all "Fireworks" illegal in California? A former District Attorney explains the lawWatch this video on YouTube California fireworks laws divide fireworks into two categories: dangerous fireworks and “safe and sane” fireworks. Dangerous fireworks are always unlawful except for use by a licensed operator. Safe and sane fireworks can be sold by licensed retailers from …
In California, parents can be held liable for damages caused by their children under the age of 18 in four general circumstances: When the child engages in willful misconduct that results in injury, regardless of whether the parent knew the child was dangerous, 1 When the child’s driving causes an accident (Vehicle Code 17707), When …
Pedestrian Knockdown Accidents — 3 Situations When It's NOT the Driver's FaultWatch this video on YouTube Pedestrians hit by a car in California can sue the driver for negligence to cover their medical bills, lost wages, and pain and suffering. If the pedestrian dies, their family can sue the driver for wrongful death to recover …
Business and commercial disparagement (also referred to as trade libel) is a civil cause of action under California tort law. The law states that businesses may sue people or other business entities for making false, negative, and malicious statements about the business that cause financial harm. Examples of business disparagement are when: A customer publishes false and …
California Lawsuits for Sexual Abuse by Doctors — Top CA Personal Injury Attorney ExplainsWatch this video on YouTube A lawsuit for sexual abuse, sexual harassment, or sexual assault by doctors is a common type of personal injury claim in California. It can be filed against the doctor, as well as the doctor’s employer. These lawsuits …
The 7 leading causes of stairway accidentsWatch this video on YouTube Broken stairs and defective handrails can cause slip-and-fall accidents. In California, the property owner may be liable for your damages when you are injured in a broken stairway accident. You can file a personal injury lawsuit to recover compensation for: Medical bills, Lost wages, …
Under California law, a non-delegable duty is an obligation that cannot be outsourced to another party by contract. This prevents a party from contracting out of an obligation or duty of care that belongs to that party by law. The law creates non-delegable duties: to ensure that when negligence occurs, and a party is harmed by that …
In California, private nuisance occurs when someone engages in disruptive behavior that obstructs or interferes with the use and enjoyment of your property. These cases generally involve a person who engages in offensive, loud or harmful activities that disturb or vex a neighbor or nearby occupant. Examples of a public nuisance may involve a neighbor …
California Felony Sentencing Guidelines "How does the process work?" – Top Defense Attorney ExplainsWatch this video on YouTube Under the California felony sentencing guidelines, felony penalties can include: felony (or formal) probation, a term of at least 1 year in state prison, or at least 16 months in county jail (only for felonies that are …
Extradition in California: How Does It Work?Watch this video on YouTube In California, extradition is the process of transferring fugitives from the state where they are now (called the “asylum state”) back to the state where they allegedly broke the law (called the “home state” or “demanding state.”) California typically pursues extradition of alleged fugitives …
California’s pretrial release laws have evolved in recent years. In 2018 there was a strong push to eliminate cash bail entirely through Senate Bill 10 (SB 10). However, this was rejected by voters in 2020 via Proposition 25. As a result, cash bail remains a part of California’s pretrial release system. Just the following year, …
Former Cop: Never consent for police to search your carWatch this video on YouTube In California, police are allowed to search your vehicle without a warrant if they: have your consent or have probable cause to believe it contains evidence of a crime or are conducting a search incident to a lawful arrest or detainment …
Mental Health Diversion in California — 1001.36 PC "How Does it Work?"Watch this video on YouTube If you are charged with a crime in California, you may be able to avoid prosecution and jail by doing a mental health diversion program under Penal Code 1001.36. Then if you complete treatment, your criminal charges will be dismissed. …
Playlist: Bench WarrantsWatch this playlist on YouTube California judges issue bench warrants when you fail to appear in court or disobey other court orders. Bench warrants (also called “body attachments“) authorize police officers to arrest you and bring you before the court to answer for your noncompliance. Here are four key things to know: You …
California Penal Code § 1203.2 PC permits police or probation officers to arrest you if there is probable cause that you violated your probation. Common probation violations include: failing a drug test, no-showing at court or counseling, or picking up another criminal case. After your arrest, you are entitled to a probation revocation hearing. If …
Asset forfeiture in California: When can the government seize my property?Watch this video on YouTube California asset forfeiture laws allow the government to seize (and sometimes keep) your property when there is evidence that the property was either used in the commission of a crime, or obtained by way of criminal activity. Most types of property can …
5 types of crimes that will get you deportedWatch this video on YouTube The terms “deportable crimes” or “deportable offenses” refer to crimes in which a conviction can lead to negative immigration consequences for defendants who are not United States citizens. These immigration consequences may include deportation and removal, denial of the right to re-enter …
The California criminal statute of limitations is generally one year for misdemeanors and three years for felonies. As the following chart shows, prosecutors have additional time to press charges in more serious cases. For the most serious crimes such as rape and murder, there is no statute of limitations at all. California Offense Criminal Statute …
When Can Police Do a Search & Seizure in California? — Know Your RightsWatch this video on YouTube California search and seizure laws protect you from unreasonable police intrusion into your home, vehicles, person and other property. These protections are grounded in state law and the Fourth Amendment to the U.S. Constitution. If you are …
A lifer hearing is where the California Board of Parole Hearings (BPH) decides whether an inmate sentenced to an indeterminate term may be suitable for parole. “Indeterminate terms” are sentences that carry a possible life sentence, such as “life with the possibility of parole” and “20 years to life.” Inmates can have an attorney represent …
Can I be denied a job because of an expunged conviction?Watch this video on YouTube An expungement under California Penal Code § 1203.4 PC allows you to withdraw a plea of guilty or no contest and get your criminal case dismissed. A type of post-conviction relief, expungement releases you from most – but not all – “penalties …
When Can I Do House Arrest Instead of Jail in California?Watch this video on YouTube House arrest is a type of alternative sentence in criminal cases whereby you get confined to your residence under certain terms and conditions as an alternative to jail time. House arrest programs are sometimes referred to as home confinement, home …