Criminal Defense

Penal Code § 186.10 PC – Money Laundering – California Law

California Penal Code § 186.10 defines the crime of money laundering. This is where money obtained from illegal or criminal activity is channeled into bank accounts or other legitimate uses so that the source of the funds becomes untraceable. Money laundering under 186.10 PC is a wobbler, meaning the state can prosecute it as a …

Penal Code § 26350 PC – Open Carry of Unloaded Firearm

How can I legally carry a firearm here in California?Watch this video on YouTube Carrying a concealed weapon or a loaded weapon are both illegal in Califonia, absent a lawful CCW. But Penal Code § 26350 goes a step further, prohibiting even the open carry of an unloaded handgun in a public place or a …

Penal Code 288.7 PC – Law, Penalties, Best Defenses

Arrested for Penal Code 288.7 — Sex with a Child Under 10 Years OldWatch this video on YouTube Penal Code 288.7 PC is a California criminal statute that applies when an adult engages in sexual intercourse or penetration, sodomy, or oral copulation with a child under the age of 10. A conviction is a felony punishable …

§ 236 PC – False Imprisonment – California Law & Penalties

Penal Code 236 PC & 237 PC: The crime of "false imprisonment"Watch this video on YouTube California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to …

“Shoplifting” Laws in Nevada – Penalties & Best Defenses

Playlist: Nevada "shoplifting" lawsWatch this playlist on YouTube In Nevada, shoplifting (formally called larceny) is defined as intentionally stealing items from a retail establishment. Taking less than $1,200 worth of items is misdemeanor petty larceny. Taking $1,200 or more is prosecuted as the more serious crime of felony grand larceny. Penalties Petty larceny is a misdemeanor …

Penal Code § 647(b) PC – Prostitution & Solicitation Laws

Playlist: Loitering for ProstitutionWatch this playlist on YouTube Penal Code 647(b) PC makes it a crime either to engage in – or to solicit – prostitution. This means performing any sexual act in exchange for money or other compensation, or offering or agreeing to such an arrangement. Violations of Penal Code 647b can result in …

Can I Withdraw a Guilty Plea in My Orange County Criminal Case?

A man holding his head down in anguish over filing a guilty plea.

You’ve entered into a plea bargain with prosecutors and pled guilty to a felony in Orange County, California. On second thought, however, you think you’ve made the wrong decision. You may be able to take your guilty plea back, but only under certain circumstances and only if you do it in time. California law specifically …

Can I Peacefully Protest on Private Property in Los Angeles?

The freedom to assemble and peacefully protest is one of our most fundamental rights under the First Amendment. But in Los Angeles and elsewhere in California, that right generally does not extend to protests on private property. The issue has come up especially in light of the recent protests over the George Floyd killing and …

Does Nevada place restrictions on where I can use e-cigarettes?

E-cigarettes and vaping are now illegal in malls, restaurants, child care facilities, theaters, arcades, and bars where children are allowed. Though they remain legal in certain casinos areas, stand-alone bars where children are disallowed, brothels, tobacco stores, strip clubs, and convention floors at tobacco-related trade shows. Also, property and business owners have the authority to …

Can I smoke tobacco everywhere in Las Vegas?

No. The Nevada Clean Indoor Air Act (NRS 202.2483) prohibits smoking (including e-cigarettes and vaping) in several indoor spaces, including: movie theaters; video arcades; government buildings; hospitals; child care facilities; malls and retail establishments; grocery stores (including those with slot machines); indoor places of employment; schools; and restaurants (with the exception of some outdoor areas) …

Can I Go to Jail for Being High On Pot in Nevada?

It depends on the circumstances. In general, it is a crime in Nevada to be under the influence of marijuana. It does not matter whether any marijuana is found in the person’s possession…merely being high is sufficient to invite prosecution and conviction. Nor does it matter if the person is at home…being high anywhere is …

Can “battery domestic violence” charges get plea bargained down in Nevada?

It may be possible, depending on the case. Nevada law prohibits prosecutors from reducing or dismissing “battery domestic violence” (BDV) charges unless the state lacks sufficient evidence to prove their case. So much of the defense attorney’s work is to try to show to the prosecutors that their evidence is too weak, inadequate, or unreliable …

Can I be arrested for speeding in Nevada?

Police typically do not arrest people for speeding or other minor traffic violations in Nevada unless they are going excessively fast, they are endangering others, or they have outstanding warrants. The most common reason people get arrested at a traffic stop is that the officer ran their names and found outstanding warrants. In those cases, …

Can I still be arrested for prostitution in Nevada even if there was no sex?

Yes. Prostitution is defined not only as trading sexual favors for money…but also as offering or agreeing to trade sexual favors for money. Merely soliciting prostitution can be prosecuted as prostitution in Nevada even if no physical touching took place. In Nevada, the majority of prostitution charges stem from cases where no sex occurred. Often …

Can a felony drug possession charge be reduced to a misdemeanor in Nevada?

Possibly, especially if it is the defendant’s first offense. Possession of drugs for personal use is typically prosecuted as a felony in Nevada. However, prosecutors may be willing to lessen the felony drug charge to a misdemeanor if it is the defendant’s first offense. Nevada’s “catch-all” misdemeanor drug possession statute is NRS 454.351, and it …

Can I pump breast milk at work in Nevada?

In most cases, yes. Federal law requires most Nevada employers to provide lactation breaks – space and time for nursing mothers to pump. Specifically under 29 U.S.C. § 207, employers must make the following two accommodations to Nevada mothers who breastfeed: allow for reasonable breaks throughout the workday to pump for a year following the …

Can a Child Consent to Sex Under Nevada Law?

Not if the child is 15 years old or younger. In Nevada, the “age of consent” is 16. This means that it is automatically illegal for anyone to have sex with a child aged 15 or younger. It does not matter if the child is mature for his/her age or initiates the sex or if …

Can I go to jail for bouncing a check in Nevada?

Yes, though you can usually avoid incarceration as long as you pay everything back. Passing a check when you know you have insufficient funds is illegal in Nevada. But you should avoid criminal charges as long as you make good on the check within five (5) days of being notified of the bounced check. Otherwise, …

Can growing marijuana be charged as trafficking in Nevada?

Yes, if the amount of marijuana is 100 pounds or more… The only people who are permitted to cultivate marijuana in Nevada are: registered medical marijuana growers, and pre-approved medical marijuana patients who cannot access dispensaries. Otherwise, cultivating pot is a crime in Nevada. Growing marijuana that weighs less than 100 pounds is not …

Can I get arrested for not returning a rental car in Nevada?

Yes. Failing to return a rental car in Nevada amounts to embezzlement. Embezzlement in Nevada is wrongfully taking property that you have been legally entrusted with, such as a rental car. If the rental period has expired and the renter has not returned the car, the renter faces arrest for embezzlement. Note that a …

Can I be Convicted of “Burglary” for Shoplifting in Nevada?

A person who goes into a store during business hours with the intent to steal less than $1,200 will probably face only petit larceny charges and not burglary charges. Petit larceny is only a misdemeanor in Nevada, carrying: up to 6 months in jail, and/or up to $1,000 in fines Nevada judges rarely impose jail …

Can I get arrested for burglary in Nevada if I didn’t steal anything?

Yes. A person can still be convicted of burglary under Nevada law for entering a structure with the intent to steal, even if he/she never actually steals anything. Under NRS 205.060, a burglary occurs when someone enters any structure or vehicle with the intent to commit either of the following offenses while inside the structure …

Can I go to jail just for watching a dog fight in Nevada?

Yes. Anyone knowingly involved in dog-fighting is vulnerable to prosecution under Nevada dog-fighting laws. Potential defendants include the dog trainers, the dog owners, the exhibitors, as well as the spectators. And it does not matter whether the spectator paid to watch the dog fight. A first-time conviction of knowingly watching a dog fight is …

Motion to Vacate a Criminal Judgement in California

Updated July 16, 2021 A Motion to Vacate a Judgment is a legal document that defendants file in a criminal case after they have entered a plea of guilty or nolo contender or “no contest,” or after they are found guilty at a court or jury trial. If a judge finds good cause to grant …

Penal Code § 653f PC – Solicitation to Commit a Crime – California Law

Penal Code 653f PC sets forth the crime of soliciting another person to commit certain criminal offenses (such as robbery, grand theft, or forgery). To solicit means to communicate a request that the person commit a crime, with the intent that the crime be committed. A violation of this code section can result in felony …