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CRIMINAL LAW BLOG

Vehicle Code 22651 VC - Towing and Impound Laws

Posted by Dmitry Gorin | May 25, 2024 | 0 Comments

California Vehicle Code 22651 VC is the law authorizing motor vehicles to be towed and impounded if the driver is arrested for driving under the influence (DUI), parks illegally, or has at least five unpaid parking tickets. The "illegal parking" includes private property, a handicapped space, a bus zone...

Legal Self-Defense Weapons in California

Posted by Dmitry Gorin | May 18, 2024 | 0 Comments

California law recognizes the right to self-defense and allows the use of certain weapons for this purpose. It has “Stand Your Ground” and “Castle Doctrine” laws. Stand your ground refers to a situation in which somebody threatens you. You are not obligated to retreat to defend yourself; you have...

Making a False Police Report - Penal Code 148.5 PC

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

California Penal Code 148.5 PC prohibits making a false police report of a crime. However, false reporting is only a crime if you know it is false. This misdemeanor crime is punishable by up to 6 months in county jail and a fine of up to $1,000. Truthfulness is the cornerstone of the justice system. Any...

Can You Get a DUI for Driving on Legal Drugs?

Posted by Dmitry Gorin | May 11, 2024 | 0 Comments

Most people who are arrested for driving under the influence in California are impaired by alcohol. However, you could also be arrested and convicted of a DUI based on being under the influence of drugs, including legal prescription medication. Prescription medication DUIs are based on impairment...

Disorderly Conduct - Penal Code 647

Posted by Dmitry Gorin | May 04, 2024 | 0 Comments

California Penal Code 647 PC covers several types of crimes called “disorderly conduct,” which means behaviors deemed disruptive, offensive, or inappropriate in public spaces. The disorderly conduct law covers a broader range of behavior that is considered a public nuisance or annoyance, such...

What Is a PC 1275 Bail Hold?

Posted by Dmitry Gorin | Apr 27, 2024 | 0 Comments

The term “PC 1275 hold” means a hold is placed on your bail because a police officer, prosecutor, or judge believes the money or collateral used for the bail was acquitted through criminal activity, such as drug sales. The name “PC 1275” comes from California Penal Code 1275 PC, the statute allowing...

What Are Mitigating Circumstances in Criminal Cases?

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

Under California criminal law, mitigating circumstances help lessen a defendant's guilt and encourage the judge to be more lenient in sentencing. For example, perhaps a defendant has no prior criminal record or played a minor role in the crime. In other words, If you've been charged or convicted...

Penal Code 21810 PC - Possession of Brass Knuckles

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

Brass knuckles are metal objects worn around a hand to increase a punch's power and destructive ability. They are shaped to fit around a clenched fist. The force from these punches can be perilous and even lethal. California Penal Code 21810 PC prohibits brass knuckles (BK) by making it a crime....

What Does Proof Beyond a Reasonable Doubt Mean?

Posted by Dmitry Gorin | Apr 11, 2024 | 0 Comments

Proof beyond a reasonable doubt is the highest standard in the American criminal justice system. Requiring that a district attorney prove a defendant guilty beyond a reasonable doubt is a crucial concept in American law intended to ensure that only truly guilty people are convicted of committing ...

Penal Code 837 PC - Citizen’s Arrest

Posted by Dmitry Gorin | Apr 06, 2024 | 0 Comments

Under California law, private citizens are authorized to arrest alleged perpetrators in specific circumstances defined under Penal Code 837 PC. Notably, if a private decides to make an arrest, they can act alone or ask another person to help them. Before a citizen decides to make an arrest, they...

What Are Miranda Rights Violations?

Posted by Dmitry Gorin | Mar 23, 2024 | 0 Comments

Reading Miranda Rights can become crucial to criminal cases when someone is arrested for an alleged crime. For example, before police interrogate you after an arrest, they must explain these rights and ensure you understand them. Suppose they fail to read you your rights. In that case, it could...

What is the Legal Age of Consent in California?

Posted by Dmitry Gorin | Mar 16, 2024 | 0 Comments

The legal age of consent in the state of California is 18 years old, which is when the law deems someone old enough to consent to have sex. This means it's a crime to engage in sexual activity with any person under 18. In other words, if you have sex with a minor, you could face serious criminal ...

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...

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