CRIMINAL LAW BLOG

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...

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...

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...

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...

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...

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...

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...

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...

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....

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 ...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...