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CRIMINAL LAW BLOG

Stop-and-Frisk Law on Searches by Police Officers

Posted by Dmitry Gorin | Feb 17, 2024 | 0 Comments

In California, the stop-and-frisk law called a “Terry stop” has some main rules that law enforcement has to follow based on the Fourth Amendment to the United States Constitution, which says you have the right to be free from unreasonable searches and seizures.Law enforcement officers are legally...

Statute of Limitations in Criminal Cases

Posted by Dmitry Gorin | Jan 13, 2024 | 0 Comments

The statute of limitations outlines the maximum time limits for prosecutors to file criminal charges in a case.  In California, the general rules to remember are one year for a misdemeanor crime and three years for a felony. However, if a felony is punishable by eight or more years in state prison...

Is Ecstasy Legal in California?

Posted by Dmitry Gorin | Jan 12, 2024 | 0 Comments

MDMA, also known popularly as "ecstasy" or "molly," is a psychoactive drug primarily used for recreational purposes. It has become trendy at parties, commonly passed around during concerts and raves. With California recently legalizing marijuana for recreational use, there may be some confusion...

Public Nuisance Laws – Penal Code 372, 373a PC

Posted by Dmitry Gorin | Dec 22, 2023 | 0 Comments

California Penal Code 372 PC is the statute that prohibits someone from creating or maintaining a public nuisance. Penal Code 373a PC is the statute that makes it a crime for someone to maintain, permit, or allow a public nuisance to exist on a property they own or lease and do so after they receive...

Destroying or Concealing Evidence - Penal Code 135 PC

Posted by Dmitry Gorin | Dec 20, 2023 | 0 Comments

In the State of California, it is a criminal offense to willfully destroy or conceal evidence that you know to be relevant to a legal proceeding, such as a trial, inquiry, or investigation. This statute is embodied in California Penal Code 135 PC. Simply put, it's a crime to deliberately destroy or conceal...

Mislabeling Food - Health and Safety Code 114087 HS

Posted by Dmitry Gorin | Nov 29, 2023 | 0 Comments

The State of California sets a high bar of honesty for restaurants and stores that sell food to consumers so that people can make informed choices about what they eat.  Violating the consumer's trust is considered a criminal offense. Under Health & Safety Code 114087 HS, it's against the law...

Stealing a Road Sign in California

Posted by Dmitry Gorin | Nov 27, 2023 | 0 Comments

Stealing a road sign may seem like an innocuous prank, but it's hazardous. It might even seem like a rite of passage to some, like college students. However, considering that road signage plays a vital role in keeping people safe, stealing a road sign in California is, in fact, a severe offense...

Are Parents Held Responsible for Their Child’s Crimes?

Posted by Dmitry Gorin | Nov 27, 2023 | 0 Comments

Let's review whether parents could face criminal charges for crimes committed by their children. In the State of California, parents may find themselves in a difficult situation if their child commits a crime. While most parents strive to raise law-abiding citizens, sometimes children make....

Bail Denial Shortcuts Won’t Pass Muster Under Humphrey

Posted by Dmitry Gorin | Nov 07, 2023 | 0 Comments

Yedinak confirms that the Courts of Appeal continue to enforce the Humphrey decision against trial courts. Obtaining a pretrial release for a client subject to a criminal arrest is crucial to preparing a defense to the criminal charges. One of the defense counsel’s priorities with a new criminal...

Which Animals Are Illegal to Own in California?

Posted by Dmitry Gorin | Oct 09, 2023 | 0 Comments

As a state recognized for its rich biodiversity, California has one of the most stringent laws regarding what kinds of animals can be owned as pets. The restricted pet list is long and includes numerous species permitted to be owned in other states. You could face steep fines and criminal charges...

When is Theft a Felony Crime?

Posted by Dmitry Gorin | Sep 15, 2023 | 0 Comments

Theft is a criminal act involving the unlawful taking of someone else's property without their consent, intending to deprive them of it permanently. In California, like in many other states, theft can be classified as either a misdemeanor or a felony depending on various factors, including the...

The "Castle Doctrine" in California - Penal Code 198.5 PC

Posted by Dmitry Gorin | Aug 25, 2023 | 0 Comments

As in many states, the State of California gives you the legal right to defend your home with deadly force, if necessary. This is known as the "Castle doctrine," embodied in California law in Penal Code 198.5 PC.  This law is sometimes called the “stand-your-ground” law, as there is no duty...

Poisoning Another Person's Animal - Penal Code 596 PC

Posted by Dmitry Gorin | Aug 11, 2023 | 0 Comments

California law makes it a criminal offense to willfully poison an animal belonging to someone else without their consent. This statute is codified under Penal Code 596 PC. In other words, this law makes it a misdemeanor crime to intentionally poison another person’s animal. Notably, it’s legal...

Reckless Driving in California - Vehicle Code 23103 VC

Posted by Dmitry Gorin | Jun 05, 2023 | 0 Comments

Every motorist on California roads is responsible for protecting other road users’ safety. For this reason, reckless driving, such as driving with wanton disregard for safety, is a significant crime in California under Vehicle Code 23103 VC. The law applies to all roads within the state, including...

Bald Tire Violations - Vehicle Code 27465b VC

Posted by Dmitry Gorin | May 23, 2023 | 0 Comments

Tire tread depth is crucial for maintaining adequate traction on the road surface. Tires with insufficient tread depth can lead to hazardous driving conditions, especially on wet or slippery surfaces, increasing the risks of accidents and injury. Driving a vehicle with bald tires is more...

Unlawful Riding in a Vehicle - Vehicle Code 21712 VC

Posted by Dmitry Gorin | May 22, 2023 | 0 Comments

The State of California has enacted numerous laws to enforce safety among drivers and passengers on California roadways. To this end, California Vehicle Code 21712 VC makes it illegal for drivers to allow passengers to ride on or in parts of the vehicle that aren't intended for passengers...

Unlawful Assembly in California - Penal Code 408 PC

Posted by Dmitry Gorin | May 12, 2023 | 0 Comments

The First Amendment to the Constitution guarantees U.S. citizens the right to assemble peaceably. But when a so-called "peaceful assembly" turns violent or criminal behaviors ensue, it's considered an unlawful assembly, a criminal offense in California under Penal Code 408 PC. This law...

Driving Through a Safety Zone - Vehicle Code 21709 VC

Posted by Dmitry Gorin | Apr 28, 2023 | 0 Comments

California Vehicle Code 21709 VC is a crucial traffic law that aims to protect the safety of pedestrians around motorists. This law prohibits drivers from driving through a designated safety zone. Safety zones are areas established by traffic control devices, striped areas of the road...

Driving on the Sidewalk - Vehicle Code 21663 VC

Posted by Dmitry Gorin | Apr 27, 2023 | 0 Comments

In California, driving a motor vehicle on the sidewalk is a serious offense punishable by law under Vehicle Code 21663 VC. This legislation aims to protect pedestrians and ensure their safety on sidewalks. Vehicles driving on the sidewalk could seriously hurt pedestrians and damage...

Crossing Double Yellow Lines - Vehicle Code 21460 VC

Posted by Dmitry Gorin | Apr 26, 2023 | 0 Comments

California Vehicle Code 21460 VC is the governing statute that outlines the rules and regulations for crossing double yellow lines. This code applies to solid and broken double lines, and understanding its details is essential for safe and legal driving in California. Adhering to the rules regarding...

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