California

Former D.A. Explains "Indecent Exposure" laws — Is it Illegal to Be Naked in Public?Watch this video on YouTube California Penal Code § 314 PC prohibits indecent exposure, which is willfully exposing your naked genitals to others who could be offended or annoyed by it. Most first-time indecent exposure convictions are misdemeanors carrying up to …

What Is "Prosecutorial Misconduct"? Can It Get My Case Thrown Out? Former Prosecutor ExplainsWatch this video on YouTube Prosecutorial misconduct refers to unethical or unlawful tactics by prosecutors in a criminal case, such as withholding exculpatory evidence from you (the defendant), making false statements, or presenting inadmissible evidence to the jury. Prosecutors found to have …

Former L.A. County District Attorney — Now Top California Sex Crimes Defense AttorneyWatch this video on YouTube At Shouse Law Group, we understand that just being accused of a sex crime can upend your life. If you get convicted of a sex crime, you face jail or prison, sex offender registration, and the loss of your …

Residential Burglary — "Is it more serious than commercial burglary?" Penal Code 460 PCWatch this video on YouTube California Penal Code § 460 PC makes it a felony to commit residential burglary, which is entering any inhabited dwelling with the intent to commit grand theft, petty theft or a felony once inside. The penalties are …

How to fight a case in juvenile courtWatch this video on YouTube Every year, thousands of youths are funneled through California’s juvenile courts. Although the focus is to rehabilitate rather than punish, the state’s juvenile justice system is traumatic and can have lasting repercussions on your child’s future. However, there are many juvenile justice options …

California truancy laws require children to go to school. The state laws apply to children between the ages of 6 and 18 who attend either: elementary school, middle school, or high school. Failure to attend school carries consequences for not only the truant student but also possibly for their parents. In this article, our Los …

Under California law, a felony is a serious criminal offense that can result in imprisonment for more than one year. Felonies are considered more severe than misdemeanors and can have significant consequences, including loss of voting rights (while in prison), professional licenses, and the ability to own firearms. This article will explore the consequences of …

What is a Brady Motion?Watch this video on YouTube A Brady motion is a defendant’s request for the prosecution in a criminal case to turn over any potentially exculpatory evidence (which means evidence that may be favorable to the accused). Defense attorneys generally bring this motion as part of the pretrial process, or later in …

What is a motion to continue? Penal Code 1050 PCWatch this video on YouTube Penal Code § 1050 PC outlines the procedures for asking the court to continue a hearing in a California criminal case. A motion to continue is a request by either the prosecution or the defense to postpone the hearing to a …

Penal Code 3455 PC — Violation of Post Release Community Supervision in CaliforniaWatch this video on YouTube California Penal Code § 3455 PC instructs courts on how to treat ex-prisoners who violate the terms of their Post Release Community Supervision (PRCS). When this happens, courts are permitted to modify or revoke PRCS or refer the person …

977 Waiver — Can my attorney appear for me in a California criminal case?Watch this video on YouTube Penal Code § 977 PC allows you in most California misdemeanor cases to waive your personal appearance and appear “by counsel only.” This means the attorney can go to court and appear on your behalf. However, you …

California drug court is an outpatient substance abuse program that allows defendants facing nonviolent drug charges to avoid jail and a criminal conviction. Treatment typically lasts nine months to three years, and meanwhile you can keep your job and go on with your life. As long as you complete rehab, your charge gets dismissed, your …

A coerced confession is an involuntary confession that comes from overbearing police conduct rather than a suspect’s free will. It is considered involuntary because the confession is not a product of the accused’s free choice. Police-induced coerced confessions have been found to lead to suspects confessing to crimes they did not commit. State and federal courts generally exclude from …

In California, an “own recognizance” release is when the court lets a defendant out of jail after an arrest without having to post bail, based solely on his or her promise to (a) return to court for future hearings and (b) comply with certain conditions of release. Anyone charged with a California criminal offense may …

Parole in California "How does it work?" — Top Criminal Defense Attorney ExplainsWatch this video on YouTube In California, prison inmates serving sentences for serious or violent felonies get placed on parole upon their release. Parole is a supervisory program where “parolees” abide by various terms for a set number of years as a condition …

5 common grounds to "appeal" a criminal caseWatch this video on YouTube The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge. Generally, the appellant must show not just that one of these …

What is a rap sheet? — Key information you need to knowWatch this video on YouTube A rap sheet is an official record of your misdemeanor and felony arrests and convictions from throughout the United States. It also goes by the terms criminal history record or Record of Arrests and Prosecutions (“RAP”). You can request …

Penal Code 647.6 PC – The crime of "annoying or molesting a child" LEGAL ANALYSISWatch this video on YouTube California Penal Code § 647.6 PC makes it a crime to annoy or molest a child under 18 while motivated by a sexual interest in the child or children generally. This offense can be a misdemeanor or …

LEGAL ANALYSIS — Arrested for sex with a minor? Advice from a former D.A.Watch this video on YouTube Penal Code § 261.5 PC prohibits statutory rape, which is having sexual intercourse with anyone other than your spouse younger than 18 years old – California’s age of consent. In court, statutory rape is more commonly called unlawful …