California

The crime of "lewd or dissolute conduct in public" – a former D.A. explainsWatch this video on YouTube California Penal Code § 647(a) PC prohibits lewd conduct in public. This is touching your or another person’s genitals, buttocks, or female breast, for sexual gratification, when you know or should know there are other people present …

When can cops search my cell phone? In these 4 scenariosWatch this video on YouTube In general, police may not search your cell phone without a search warrant that specifies the device to be searched and what evidence is being searched for. Even if police seize your mobile phone when they arrest you, they cannot …

California Penal Code 1214.1 PC imposes a $100 civil assessment for failing to appear in court for a required criminal proceeding such as an arraignment, trial, or sentencing hearing. This applies whether the case is for: an infraction, a misdemeanor, or a felony.1 In addition to the civil assessment, the judge may issue a bench warrant for your …

Penal Code § 237 PC is the California statute that sets forth the penalties for the crime of false imprisonment, charged under Penal Code 236 PC. Under this statute, false imprisonment is a wobbler offense, meaning that it can be punished as either a California misdemeanor or a felony. 237 PC states that ““(a) False imprisonment …

Nunchucks are now legal in California. That said, using nunchucks on another person can still lead to prosecution for battery or assault with a deadly weapon unless you act in lawful self-defense. A “nunchaku” is a traditional martial arts weapon consisting of two rods or sticks connected at one end by a short chain or …

The main difference between the related crimes of pimping and pandering are: while pimping is associated with a person receiving the earnings of a prostitute, pandering typically occurs when a person convinces or persuades another party to become, or continue to be, a prostitute. The receipt of money is not a part of a pandering …

In California, auto burglary is defined as entering a locked automobile or its trunk, with the intent either to (1) steal the car, (2) steal property contained in the car or (3) commit any other felony inside the vehicle. This offense can be filed as a misdemeanor or a felony depending on the facts of the …

Firearm Sentencing Enhancements in California – Can I Get Extra Prison Time for Having a Gun?Watch this video on YouTube Under California gun laws, a felony sentence can become much longer if prosecutors prove that you or another principal was armed with, used, discharged, or furnished a firearm during the crime. These extra prison terms …

Accountant Arrested? Protecting Your License from the California Board of AccountantcyWatch this video on YouTube California accountants face professional discipline if they suffer a conviction for a crime that the California Board of Accountancy deems “substantially related” to the work of accountancy. “Substantially related” is determined on a case-by-case basis. The Board usually imposes some …

Neil Shouse – Managing Attorney Neil Shouse, California personal injury attorney. A graduate of UC Berkeley and Harvard Law School, Mr. Shouse served five years as a Los Angeles Deputy District Attorney. He won 96% of his more than 40 jury trials. Mr. Shouse has been featured as a legal expert on Dr. Phil, CNN, …

Weapons in California Prisons – "Is it a Crime?" Top CA Defense Attorney Explains Penal Code 4502 PCWatch this video on YouTube California Penal Code § 4502 PC makes it a crime to possess or manufacture weapons in a penal institution. A conviction is a felony offense punishable by up to four years in jail. …

Possession and Use of Tear Gas – "Is it Legal in California?" Top Defense Attorney Explains the LawWatch this video on YouTube California Penal Code § 22810 PC makes it a crime to buy, possess, or use tear gas other than for lawful self-defense. The state can charge this as either a misdemeanor carrying up …

Criminal storage of a firearm in California (25100 PC) – 3 defensesWatch this video on YouTube Penal Code § 25100 prohibits the criminal storage of a firearm. This means storing a gun in an unsecured location where a child (or other person prohibited from having firearms) may access it. If a child accesses the weapon …

LEGAL ANALYSIS Top 5 Ways to Beat a Murder Charge — Former District Attorney ExplainsWatch this video on YouTube California Penal Code section 187 PC prohibits murder, which is “the unlawful killing of a human being or fetus with malice aforethought.” First-degree murder comprises all premeditated killings as well as most kinds of felony murder, where …

Playlist: Hernia MeshWatch this playlist on YouTube Did you receive a hernia mesh implant and then suffer complications such as chronic pain, bulging, constipation, diarrhea, indigestion and/or sexual dysfunction? You may be eligible to bring a lawsuit against the company that made the mesh. In this article, our attorneys will explain the process. A hernia …

Top California Employment Attorneys Working For You Employment disputes are almost always David vs. Goliath. As an employee, you depend on your job for your livelihood. Employers are often corporations or other businesses with ample resources at their disposal. Many California employment law firms focus on representing employers who can pay large fees upfront. These …

Third-Party Sexual Harassment — What is it? And when can I sue?Watch this video on YouTube In California, third-party sexual harassment is sexual harassment committed by someone other than an employee or supervisor at the company. While the conduct is not coworker harassment, employers still have a legal duty to prevent it. Here are four …

If an employer fails to carry workers’ compensation insurance, an injured worker can still pursue workers’ compensation benefits directly from the employer. The injured worker can also sue the employer in civil court. If the case is in California and the employer does not have the funds to pay the injured worker’s benefits, then a …

What is a "Trombetta Motion" in California law?Watch this video on YouTube A Trombetta motion asks the judge to reduce or dismiss your criminal charges in California because law enforcement destroyed or mishandled material evidence that was favorable to you, thereby violating your 14th Amendment due process rights to a fair trial. Other names for …

Falsely accusing someone of a crime without evidence (sometimes called “false reporting“) can itself be a serious criminal offense. Nevertheless, false accusations are not uncommon, especially for such crimes as: rape, domestic violence, assault, battery, and arson. There are many reasons why you may get falsely accused of a crime. Five of the most common …

Top ways people pick up "Probation Violations"Watch this video on YouTube You are entitled to a probation violation hearing (PVH) in California if you allegedly violated the terms of your probation, such as failing a drug test or not completing counseling. The stakes are very high in PVHs. If the judge finds you are in …

A domestic violence restraining order is a court order issued in a domestic violence case that requires the accused to refrain from harming, threatening or harassing the alleged victim. A violation of the order can lead to criminal charges under Penal Code 273.6 PC. Penalties include a misdemeanor charge (as opposed to a felony) and up to one year in county jail. …