CRIMINAL LAW BLOG

California Vehicle Code Section 20002(b) VC addresses the criminal liability for causing property damage due to a runaway vehicle. This law explicitly targets instances where a driver parks their car; the car subsequently becomes a runaway vehicle, damaging another person's...

Some people mistakenly believe that a handicap placard grants them unlimited parking privileges or that anyone in the vehicle can use it. However, the placard is intended solely for the person with a disability, and its use is restricted to specific parking spaces. Vehicle Code 4461 VC...

As a driver in California, it's crucial to be aware of bicyclists sharing the roads. To help protect cyclists, California has enacted Vehicle Code Section 21209 VC, which prohibits motorists from driving on designated bike lanes. Motorists can only drive on a bike lane to enter or leave...

In the State of California, you are required by law to be truthful in all interactions with the Department of Motor Vehicles (DMV) or the California Highway Patrol (CHP). Therefore, providing false or misleading information is a crime under California Vehicle Code 20 VC. Dealing...

California law requires drivers to come to a complete stop at all stop signs and railroad crossings defined under California Vehicle Code 22450 VC. For purposes of the law, these are referred to as "special stops." This regulation is essential for maintaining road safety and preventing...

The State of California has strict and detailed laws on who may and may not possess a firearm, how firearms may be purchased, carried, etc. California Penal Code 16520 PC outlines a specific list of what devices the state considers "firearms" and is subject to these laws and...

In the State of California, it's against the law to dump garbage and other types of waste in unauthorized places or an unauthorized manner.  This law is codified in California Penal Code 374.3 PC. Simply put, this statute defines the crime commonly known as illegal dumping. It prohibits...

Generally speaking, under California law, truly accidental death is not a crime. However, attempting to conceal an accidental death is a crime. Under California Penal Code 152 PC, it's a misdemeanor offense to conceal or attempt to conceal someone's accidental death. In other words...

With more security cameras activated than ever before and modern technology making it possible for virtually anyone to snap a photo or capture video at any time, it's easy to feel as though personal privacy is a thing of the past. But in California, privacy is still a legal protection...

In the State of California, it's a crime to be intoxicated in a public place to the point that you either obstruct a public pathway or are so impaired that you cannot see to your own safety, defined under Penal Code 647(f) PC. It's a crime under Penal Code 647(f) PC to be drunk in a...

California Business and Professions Code 17511.9 describes the crime of telemarketing fraud as using deceitful or fraudulent business schemes by using a telephone to sell goods or services. A prosecutor can file BPC 17511.9 charges as a misdemeanor or felony with a penalty of...

n emergencies where public safety is at stake, such as in a natural disaster or serious accident, public officials are authorized by California law to close off areas deemed unsafe to the public. Suppose you willfully venture into one of these areas and refuse to leave at the instruction...

Under California Penal Code 405 PC, it is a crime for anyone to participate in a riot willfully. However, for a prosecutor to prove you are guilty of participating in a riot, they must prove, beyond a reasonable, that you violated all the elements of the crimes. Penal Code 404 PC...

A preliminary hearing provides essential tools for the criminal defense team. For example, it allows them to cross-examine the government’s case, present defense evidence that argues for reduced bail and seek dismissal of the charges. When warranted, our law firm uses the “prelim”...

On March 25, 2021, the California Supreme Court handed down its highly-anticipated opinion in In re Kenneth Humphrey. This case has become emblematic of the growing political and legal opposition to using cash bail. As the court noted, the traditional use of cash bail recognizes...

California law prohibits the courts from imposing multiple punishments for the same criminal act as defined under Penal Code 654 PC. In other words, if your action violates multiple laws, you can be charged and convicted of multiple crimes for that one act, but you can only be...

While the act of suicide is not a crime in California, helping or encouraging someone to do so is a felony. This law is embodied in California Penal Code 401 PC. Unless you are a physician prescribing life-ending medication acting in accordance with the End of Life Option Act, if you...

Under normal circumstances, California is a "two-party consent state" regarding recording communications. In other words, one person cannot legally record the conversation without the other's knowledge or permission. In fact, doing so can get you charged with the crime of...

California's gambling laws primarily exist to protect the public from the risks associated with rigging and manipulating sporting events, whether it's to tilt the odds in one's favor or to guarantee others will lose. One key example of this unfair manipulation is when someone bribes...

While California gives parents a certain degree of autonomy in raising their kids, state law also has minimum requirements to ensure children are adequately cared for—including meeting minimum education requirements. Suppose a child in 8th grade or below misses more...

In the State of California, certain situations are effectively against the law to ask someone to buy you a drink. Under Penal Code 303a PC, it’s a misdemeanor to loiter in or near any bar or restaurant that sells alcohol for the purpose of asking patrons to buy you an alcoholic...

The rights of freedom of speech and peaceable assembly are guaranteed under the U.S. Constitution for every citizen. However, when someone incites violence in an assembly in the name of free speech, the State of California considers it a crime. Inciting a riot is a misdemeanor...

In California, if a law enforcement officer detains you and asks you to identify yourself, you are legally obligated to answer them truthfully. As tempting as it may be, if you falsely identify yourself to evade the police investigation, you're committing a crime. California Penal Code 148.9 PC makes it a...

Exceeding the speed limit on any California highway, generally 65mph, can get you a traffic ticket and points on your driving record. But if your speed exceeds 100mph, the offense jumps into another category. California has a specific law, Vehicle Code 22348(b) VC, that imposes stiffer penalties if caught...

On January 1, 2020, California criminal defendants could apply for mental health diversion under Penal Code 1001.36 PC, a pretrial diversion. This form of pre-plea diversion does not require a defendant to enter a guilty or no-contest plea before being placed on diversion. It could offer immigration or...