California

"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 Veterans Court — How does it work?Watch this video on YouTube 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 …

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 …

Penal Code 3056 PC – Awaiting Parole Revocation HearingsWatch this video on YouTube If you allegedly violate your parole, California Penal Code § 3056 PC allows courts to keep you in custody while waiting for your parole revocation hearing to take place. During this time, the county has sole legal custody over you. If parole …

How Does "Felony Probation" Work?Watch this video on YouTube Felony probation (also called formal probation) is a sentencing alternative to prison that allows you to serve all or part of your sentence out of custody. You must abide by certain terms and conditions of probation and report to a probation officer. Not everyone qualifies for felony probation. …

The Batterers’ Intervention Program (“BIP”) is a set of 52 weekly, two-hour classes you must complete as part of your probation if convicted of domestic violence (“DV”). It does not matter if your conviction is for a misdemeanor or a felony. DV classes are a combination of education and counseling that focus on: The causes of abusive behavior …

Can you go to jail for committing an "infraction"?Watch this video on YouTube In California, an infraction is a minor violation of the law. Unlike misdemeanors and felonies, infractions are not crimes and carry no jail or prison time. Instead, you face a civil fine of up to $250. Sometimes misdemeanors can be reduced to …

Arraignments in California Criminal Cases — 3 Things That Will HappenWatch this video on YouTube An arraignment is usually the first court hearing in a California criminal case. The arraignment is where you are formally charged with a crime. The judge can also address issues of bail and restraining orders. Five key things to know about arraignments are: …

Committing a Felony While on Bail or OR Release — Penal Code 12022.1 PCWatch this video on YouTube California Penal Code § 12022.1 PC tacks on an extra two years of prison time if you are facing felony charges and then commit another felony while out on bail or OR release. However, the two years …

“Competency to Stand Trial” — Raising a "doubt" under Penal Code 1368 PCWatch this video on YouTube Penal Code § 1368 PC sets forth California law as to a defendant’s mental competency to stand trial. If a judge believes you lack the mental ability to understand the criminal proceedings and assist in your defense, then …

LEGAL ANALYSIS — Crime of forcible sexual penetration with a foreign object (CA Penal Code 289)Watch this video on YouTube California Penal Code § 289 PC prohibits forcible penetration of a person’s vagina or anus using a foreign object, and the victim did not – or could not – consent. Violating 289 PC is a …

452 PC – 3 Things to Know About "Reckless Burning" in CaliforniaWatch this video on YouTube California Penal Code § 452 PC makes it a crime to recklessly set fire to or burn any structure, forest land, or property. Examples of reckless burning include: throwing a burning cigarette into a dry bush, lighting a match next …