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CRIMINAL LAW BLOG

Penal Code 273.6 PC - Restraining Order Violations in CA

Posted by Dmitry Gorin | Jul 15, 2025 | 0 Comments

In cases of domestic violence and similar crimes, the state of California takes the protection of alleged victims very seriously. This is underscored by the fact that any violation of a protective order, restraining order, or stay-away order under Penal Code 273.6 PC is considered a serious crime...

What are Fourth Amendment Violations?

Posted by Dmitry Gorin | Jul 15, 2025 | 0 Comments

The Fourth Amendment to the United States Constitution is a fundamental pillar of individual rights. It offers one of the most crucial protections for those suspected of a crime: the right to be free from unreasonable searches and seizures. Its importance cannot be overstated, as it forms...

"Clean Slate" Laws in California (AB 1076, SB 731)

Posted by Dmitry Gorin | Jul 15, 2025 | 0 Comments

As of July 1, 2023, California has implemented one of the country's most aggressive criminal justice reform policies. Commonly referred to as the Clean Slate Law, Senate Bill 731, built on its predecessor, Assembly Bill 1076, this law represents a significant shift in the state's approach....

Penal Code 285 PC - California Incest Law

Posted by Dmitry Gorin | Jul 08, 2025 | 0 Comments

California Penal Code 285 PC, the law that criminalizes incest, imposes severe penalties for marriage or sexual relations between close relatives. The penalty includes up to three years' imprisonment and a substantial fine of up to $10,000, underscoring the seriousness of the....

Should You Turn Yourself In When You Have a Warrant?

Posted by Dmitry Gorin | Jul 08, 2025 | 0 Comments

If you have an active warrant for your arrest in California, whether for a missed court appearance, unpaid fines, or suspicion of committing a crime, it's natural to feel anxious and uncertain about what to do next. Many individuals in this situation are tempted to ignore the warrant....

Penal Code 192(b) PC - Negligent Homicide in CA

Posted by Dmitry Gorin | Jun 24, 2025 | 0 Comments

In the state of California, negligent homicide refers to a situation where someone's negligent actions result in the death of another. This type of offense falls under the category of involuntary manslaughter (Penal Code 192(b) PC), in which a person's actions do not carry....

What is an Arbuckle Waiver?

Posted by Dmitry Gorin | Jun 24, 2025 | 0 Comments

If you've been charged with a crime in California and have entered a plea agreement, it's crucial to understand your Arbuckle rights. These rights, as per California law, grant you the legal right to be sentenced by the same judge who accepted your plea bargain....

Qualifying for a Drug Diversion Program

Posted by Dmitry Gorin | Jun 17, 2025 | 0 Comments

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....

Exigent Circumstances and Search Warrants

Posted by Dmitry Gorin | Jun 17, 2025 | 0 Comments

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....

Difference Between Extortion and Blackmail

Posted by Dmitry Gorin | Jun 10, 2025 | 0 Comments

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....

Changing Your Domestic Violence Statement

Posted by Dmitry Gorin | Jun 03, 2025 | 0 Comments

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....

Is it Illegal to Spank your Child?

Posted by Dmitry Gorin | Jun 03, 2025 | 0 Comments

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....

Eavesdropping Law in CA – Penal Code 632 PC

Posted by Dmitry Gorin | May 27, 2025 | 0 Comments

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....

Signs of a Weak Criminal Case

Posted by Dmitry Gorin | May 27, 2025 | 0 Comments

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....

What is Circumstantial Evidence?

Posted by Dmitry Gorin | May 26, 2025 | 0 Comments

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....

Can a Sex Offender Travel to Another Country?

Posted by Dmitry Gorin | May 20, 2025 | 0 Comments

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...

CCP 170.6 - Disqualification of a Judge for Prejudice

Posted by Dmitry Gorin | May 19, 2025 | 0 Comments

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...

Difference Between Residential and Commercial Burglary

Posted by Dmitry Gorin | Feb 24, 2025 | 0 Comments

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...

Mandated Reporters - Penal Code 11165.7 PC

Posted by Dmitry Gorin | Oct 08, 2024 | 0 Comments

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...

Consumer Protection Laws in California

Posted by Dmitry Gorin | Oct 03, 2024 | 0 Comments

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 - VC 23221 – 23229

Posted by Dmitry Gorin | Aug 07, 2024 | 0 Comments

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...

Is Car Sex Illegal?

Posted by Dmitry Gorin | Jul 20, 2024 | 0 Comments

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...

What Happens If My Criminal Charges Are Dropped?

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

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...

Will a Misdemeanor Show Up on a Background Check?

Posted by Dmitry Gorin | Jun 29, 2024 | 0 Comments

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...

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