CRIMINAL LAW BLOG

If you have been charged with a nonviolent drug-related offense in California and have no recent criminal history, you may be eligible to avoid conviction and a criminal record by qualifying for a drug diversion program under Penal Code 1000 PC. This program, designed....

The Constitution's Fourth Amendment protects individuals against "unreasonable searches and seizures" by requiring law enforcement and investigators to obtain a valid warrant before conducting any search or seizure. Then they must show probable cause to obtain....

The terms "extortion" and "blackmail" are often used interchangeably. In California, they are treated as the same offense defined by Penal Code 518 PC and punished similarly. However, there are some nuanced differences between these two types of acts, even though....

As a resident of California, you live in a state that takes a strong stance against domestic violence (DV). While the law protects victims like yourself, it's not unusual for those who have reported domestic violence to consider retracting their statements later. This happens for....

Let's examine the often controversial issue of corporal punishment in California, which has strict laws against child abuse and harsh penalties for anyone convicted as defined under Penal Code 273d PC. While corporal punishment (spanking) is not illegal under California law, the....

California's stringent 'two-party consent' law regarding recording conversations is a crucial aspect of the state's legal landscape. It mandates that both parties to a conversation must be aware of and consent to any recording, making the act of recording without such consent....

Understanding the nuances of your case is not just a tool, but a source of empowerment in enhancing your defense strategy. Let's explore the comforting signs that the prosecutor's criminal case against you is weak and what your defense lawyer can do about it. As an individual....

Circumstantial evidence is indirect evidence that suggests a fact exists, but doesn't directly prove it. In other words, it relies on an inference or chain of reasoning to connect the evidence to a conclusion, unlike direct evidence, which directly supports the truth of a statement....

Being convicted of a sex crime carries wide-ranging consequences, such as becoming a registered sex offender, something that will follow you for life. As a registered sex offender, you might be barred from entering certain countries. However, registered sex offenders in the United States are not generally prohibited...

Let's review the California law for judicial disqualification, codified in the Code of Civil Procedure 170.6 CCP. This law says a judge can be disqualified or removed from presiding over a civil case or a criminal trial if they are prejudiced against you or your attorney. Trying to challenge or disqualify...

Understanding the stark difference between residential and commercial burglary in California is crucial. The weight of a burglary accusation, regardless of the context, is undeniably serious. California law meticulously distinguishes residential and commercial burglary, each carrying its own set of legal...

The Child Abuse and Neglect Reporting Act (CANRA) in California is a crucial legal framework designed to protect children from harm. It establishes mandatory reporting by certain individuals and professionals when child abuse or neglect is suspected, underscoring the vital role each mandated reporter plays in safeguarding...

California has some of the harshest consumer protection laws in the country. These laws protect individuals against vehicle fraud, financial elder abuse, deceptive trade practices, and more. A consumer protection attorney understands these laws and how to protect your rights from violations. Simply put, California has long...

California's open container laws make it illegal for motorists to possess an alcoholic beverage that is opened or the seal is broken, even if the alcohol is not being consumed. This infraction is typically punishable by a maximum $250 fine. If you are a driver or passenger under 21 and violate the...

You are allowed to have sex in your vehicle, but you know the law that might apply to your situation. Typically, it is illegal to have sex in a public place if a reasonable person believes that somebody will see them. Thus, if you do not have a reasonable expectation of privacy and decide to have...

Let's review the crime of manufacturing, possessing, or transporting explosives codified in California Health & Safety Code 12085 HS. California has strict laws regarding explosives, and not just regarding their use. As volatile substances, explosives can pose a danger to the public by their very existence or by the act of...

Suppose you've been charged with one or more crimes in California. It can be a massive relief to find out that some or all of the charges have been dropped. Getting charges dropped is often the best outcome in criminal cases, making it a common defense strategy for defense attorneys, especially...

Company hiring managers prioritize the selection of a qualified candidate who aligns with the company's values and upholds its integrity. Often, even seemingly minor crimes can raise a red flag. For example, a history of driving under the influence (DUI) can be a sign of things to come later...

Let's review the court of appeals ruling that there were no exigent circumstances to justify a warrantless blood draw from a DUI suspect after a significant post-collision delay. California implied consent laws require all drivers to voluntarily provide a breath or blood test as part of a police...

Prosecutors regularly charge implied-malice Watson murder charges in driving death cases where there is evidence of highly reckless conduct involving speed, alcohol/controlled substances, or both. Notable recent local cases with implied malice murder charges include the tragic deaths of...

If you're a visitor from another country, you'll be delighted to know you can use your foreign driver's license to drive in California. The state warmly recognizes out-of-state and foreign driver licenses for nonresident individuals, enhancing your travel experience with added convenience. Vehicle...

Qualified immunity has protected police officers and government officials from being held accountable for violating someone's constitutional rights for decades. The doctrine of qualified immunity allows state and local officials to avoid personal consequences connected to their professional...

Under the law, the illegal possession of a controlled substance with the intent to sell or distribute it is a severe offense. There are two parts to this crime, including the unlawful possession of the drugs and the intent to distribute them. Both elements must be met to commit the offense of "possession...

The term "not guilty" means a criminal defendant is not legally accountable for the crime. An "acquittal" is a finding by the jury or judge that the defendant is not guilty after a trial (jury or bench trial). Notably, however, neither necessarily means you are innocent of the crime. Let's examine the...

A criminal case “dismissed without prejudice” is a legal term, meaning it’s currently dismissed but could still be refiled later, known as a temporary dismissal. In other words, the district attorney can refile their criminal charge, often after fixing any issues with the initial filing. In contrast, a criminal...