CRIMINAL LAW BLOG

In the State of California, it's a crime to willfully transmit an infectious disease to someone else under Health & Safety Code 120290 HS. This law has primarily been applied to willful exposure to sexually transmitted diseases such as AIDS or HIV. Still, it has recently taken on new meaning...

If you are under investigation or accused of a federal crime, you could face significant fines and prison time if convicted. In many of these cases, demonstrating a willingness to cooperate with the federal government can go a long way toward resolving your case with lesser...

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...

California Vehicle Code 21464 VC prohibits intentional defacement, damage, removal of, or interference with traffic signs or signals. The state law is clear: interfering with these pivotal road markers can compromise safety and order on the roadways, which is why the consequences of...

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...

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...

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...

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...

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...

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...

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...