California

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 …

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 …

"Pitchess Motions" (to get police misconduct records)Watch this video on YouTube In California, a Pitchess motion is where you as the defendant seek to inspect a law enforcement officer’s personnel record for evidence of police misconduct. Defense attorneys typically bring a Pitchess motion when they suspect officers may have acted improperly, such as by filing a …

California’s Veterans Treatment Court (VTC) is an intensive rehabilitation program that allows certain former military members who are facing criminal charges to possibly avoid jail and a criminal record. In order to be considered, you need to be eligible for probation and suffering from addiction or mental illness such as PTSD. Depending on the case, …

Beating Your DUI: Rising Blood Alcohol DefenseWatch this video on YouTube “Rising blood alcohol” (RBA) is a common defense to driving under the influence. It is based on the fact that blood alcohol concentration (“BAC”) levels continue to rise even after you stop drinking. When you consume alcohol, your blood alcohol rises rapidly. It continues …

Playlist: Preliminary HearingsWatch this playlist on YouTube If you are facing a felony charge in California, the preliminary hearing – often called a “prelim” – is one of the most important court proceeding in your case. Your preliminary hearing is where the district attorney must show the judge that there is sufficient evidence – called …

Can my criminal case be overturned for "Ineffective Assistance of Counsel"?Watch this video on YouTube If you are a defendant in a California criminal case, you can claim ineffective assistance of counsel (“IAC”) if your defense attorney’s incompetence hurt your case. A successful IAC claim could be grounds to overturn your conviction or vacate a …

What is a “Subpoena Duces Tecum” in California Criminal Cases?Watch this video on YouTube A subpoena duces tecum (or “SDT”) is a court order that requires you to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Under California law, either a prosecutor or the defendant may use …

What Counts as a Violent Felony in California? Penal Code 667.5 and the Three Strikes Law ExplainedWatch this video on YouTube California Penal Code § 667.5 PC lists the “violent felonies” that count as strikes under California’s three strikes law. A conviction for any violent felony (or a serious felony) counts as a strike. A …