When you’ve been pulled over, detained by police, or arrested in San Diego, it can be a bad situation. The last thing you want to do is make it worse. If your emotions get the better of you, or forget your constitutional rights, however, that’s exactly what can happen. Here are three things you definitely …
If you’ve been arrested and charged with domestic violence in San Bernardino County, you may be scared, in shock, or physically hurt. During such times, it’s important to try to think clearly and take some steps that can go a long way towards protecting yourself, your rights, and your future. The San Bernardino District Attorney’s …
Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Diego County is a violation of California law and can get you arrested and charged with a crime. California Penal Code Section 350 prohibits the manufacturing, sale, or possession for sale …
In Orange County, California, the police must file for an arrest warrant against individuals they seek to take into custody. The process of issuing such a warrant is based on a preliminary request of Orange County Police Department and that issued by a judge. In any case, an arrest warrant against an individual is limited …
The chances are pretty high that at some point you will be involved in a traffic accident in Los Angeles, California. There are some legal rules related to your rights and obligations at the scene of an accident. You should first ensure that no one is injured. If no one is injured, all parties (drivers) …
2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021). 2020 Update for Los Angeles County: Except in serious or violent felony …
The California crime of parental child abduction occurs when a family member, usually a parent, kidnaps and conceals a child for any length of time. It is a serious crime. Parental child abduction in California often occurs when the parents separate or begin divorce proceedings. Under California Penal Code 278, child abduction basically means violating another …
If you’ve been arrested for theft in California, whether you face a felony charge or a misdemeanor charge largely depends on the value of the property you are accused of stealing. Generally, if you are charged with theft of property valued at $950 or less, it will constitute “petty theft” and be prosecuted as a …
2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021). 2020 Update for Los Angeles County: Except in serious or violent felony …
Both state as well as federal laws prohibit various types of computer crimes. In some instances, a person can be charged for the same computer crime in both California as well as federal courts. Some of the more common computer crimes in California include: Stealing Computer Data: California Penal Code 502 The California Penal Code …
You have been served with notice that a restraining order has been filed against you in Los Angeles County. What now? What will happen at a restraining order hearing will vary somewhat from court to court. However, there are some basic steps and procedures California courts following when restraining orders are filed. By the time you …
The U.S. Constitution protects the rights of the public against unreasonable searches and seizures by law enforcement. The Supreme Court has long held that random traffic stops qualify as unreasonable seizures in violation of the Fourth Amendment. In order to justify a traffic stop, police officers must have probable cause, or at least reasonable suspicion, that a driver has violated …
If you are accused of a crime, you have legal rights protected by the United States Constitution as well as the laws of California. Once arrested, you need to know your rights. The following are five things you need to know if you believe that the police have violated your rights. You have the right …
Different states, as well as cities and municipalities, have different laws related to the sale and consumption of alcohol. If you wish to consume alcoholic beverages in San Diego California, it is a good idea to be aware of the local alcohol laws. Here are four San Diego alcohol laws you should know about. The consumption …
California Business and Professions Code (BPC) 25662 makes it a misdemeanor for individuals under the age of 21 to be in possession of an alcoholic beverage in a public place or place open to the public. While it is common knowledge that underage drinking is a crime, there is more to know about underage drinking …
If you believe you did not commit a traffic violation for which you have been ticketed, you may be wondering if you should even bother challenging it in court. Is it even possible to beat a traffic ticket in Los Angeles court? The answer is, yes, it is possible. But should you? Understand that by …
Confusion related to criminal law versus civil law is not unusual. For example, how is it possible for there to be both criminal as well as civil harassment cases occurring from the same act? The answer lies within the distinct purposes of the criminal and civil court systems. In a civil case, an individual files …
If you have a California driver’s license, you should know all the rules of the road. But here are five California traffic laws that just might surprise you. There are different rules for drivers under 18. You may already know that California drivers may use the speakerphone function on their cellular telephone with a Bluetooth or …
The Fourth Amendment provides constitutional protections against unreasonable searches and seizures by the government. This means that law enforcement needs probable cause to search you, your home, car, office, etc. With the exception of Terry Stops, the general rule is that a police search and seizure is only legal if it is: consented to; pursuant to …
Most people are aware that marijuana has been decriminalized in California. However many are not clear on whether it is legal or what the penalties are exactly. The bottom line is while the penalties have been relaxed substantially, it is still illegal. In California, marijuana possession is governed by California Health and Safety Code 11357, …
Burglary (California Penal Code 459 PC) is defined as entering a room, structure, or vehicle, with the intent to commit a theft within. Whether the offense is a misdemeanor or a felony will depend on what type of structure was broken into. Burglary charges and their penalties vary depending on several factors. 1) Theft of …
If you have been charged with a crime, you will be required to attend an arraignment hearing as part of the court process. At this hearing, the defendant will be advised of the charges against them and enter a plea. At this point, the judge will also decide the conditions of their release. This hearing …
In an effort to crack down on drunk driving, DUI issues are often reported in the news. Because of this, we all are aware that if we are pulled over for a DUI, we will be called upon to take a breathalyzer test. The breathalyzer machine is touted as being completely accurate, and the final …
Whether you think it is justified or not, being pulled over by police is an unpleasant experience. While it is never fun, keeping the following things in mind can make the process go a whole lot easier: Don’t Coast: If you see lights behind you, do not coast for a few blocks while you find …
Penal Code 148.9 PC is a crime of presenting false identification to a peace officer or a police officer in California, and it’s a crime when you do so with the purpose of evading the process of the court or preventing the police officer from properly identifying you. So this could be presenting a false name, …
