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CRIMINAL LAW BLOG

Illegal Waste Dumping - Penal Code 374.3 PC

Posted by Dmitry Gorin | Mar 27, 2023 | 0 Comments

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...

Concealing an Accidental Death - Penal Code 152 PC

Posted by Dmitry Gorin | Mar 27, 2023 | 0 Comments

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...

What Is Telemarketing Fraud?

Posted by Dmitry Gorin | Mar 09, 2023 | 0 Comments

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...

What is a Humphrey Hearing Related to Bail?

Posted by Dmitry Gorin | Feb 08, 2023 | 0 Comments

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...

Inciting a Riot in California - Penal Code 404.6 PC

Posted by Dmitry Gorin | Nov 30, 2022 | 0 Comments

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...

False Identification to Police Officer - Penal Code 148.9 PC

Posted by Dmitry Gorin | Nov 28, 2022 | 0 Comments

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...

Driving Over 100mph on a Freeway - Vehicle Code 22348(b) VC

Posted by Dmitry Gorin | Nov 03, 2022 | 0 Comments

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...

Difference Between BAC and Zero Tolerance in DUI Cases?

Posted by Dmitry Gorin | Oct 21, 2022 | 0 Comments

There is understandably a bit of confusion among California drivers as to whether or when they can be charged with Vehicle Code 23152 VC driving under the influence. On the one hand, most people familiar with DUI understand that California recognizes a blood alcohol concentration (BAC) of 0.08...

Are Escorts Legal in California?

Posted by Dmitry Gorin | Oct 20, 2022 | 0 Comments

The question about the legality of escorts in California can be a bit confusing, especially considering that many people equate escort services with prostitution. The truth is, there is a difference between an escort and a prostitute, but there is also a fine line between the two that, when crossed...

Dogfighting Laws in California - Penal Code 597.5 PC

Posted by Dmitry Gorin | Oct 18, 2022 | 0 Comments

California law is stringent against dogfighting—to the extent that any activity connected with dog fighting, including being a spectator, is a crime in the state. The laws against dogfighting are embodied in California Penal Code 597.5 PC. If you are convicted of a crime under this law, you could face up...

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