Hit by a DUI driver: "Is the drunk driver automatically at fault?" — How to Sue for DamagesWatch this video on YouTube If you are injured by a drunk or intoxicated driver, you have the right to sue for damages. The perpetrator does not need to be convicted of a DUI before a civil lawsuit …
When Can Police Do a Search & Seizure in California? — Know Your RightsWatch this video on YouTube California search and seizure laws protect you from unreasonable police intrusion into your home, vehicles, person and other property. These protections are grounded in state law and the Fourth Amendment to the U.S. Constitution. If you are …
A lifer hearing is where the California Board of Parole Hearings (BPH) decides whether an inmate sentenced to an indeterminate term may be suitable for parole. “Indeterminate terms” are sentences that carry a possible life sentence, such as “life with the possibility of parole” and “20 years to life.” Inmates can have an attorney represent …
Can I be denied a job because of an expunged conviction?Watch this video on YouTube An expungement under California Penal Code § 1203.4 PC allows you to withdraw a plea of guilty or no contest and get your criminal case dismissed. A type of post-conviction relief, expungement releases you from most – but not all – “penalties …
When Can I Do House Arrest Instead of Jail in California?Watch this video on YouTube House arrest is a type of alternative sentence in criminal cases whereby you get confined to your residence under certain terms and conditions as an alternative to jail time. House arrest programs are sometimes referred to as home confinement, home …
"Pitchess Motions" (to get police misconduct records)Watch this video on YouTube In California, a Pitchess motion is where you as the defendant seek to inspect a law enforcement officer’s personnel record for evidence of police misconduct. Defense attorneys typically bring a Pitchess motion when they suspect officers may have acted improperly, such as by filing a …
California’s Veterans Treatment Court (VTC) is an intensive rehabilitation program that allows certain former military members who are facing criminal charges to possibly avoid jail and a criminal record. In order to be considered, you need to be eligible for probation and suffering from addiction or mental illness such as PTSD. Depending on the case, …
Beating Your DUI: Rising Blood Alcohol DefenseWatch this video on YouTube “Rising blood alcohol” (RBA) is a common defense to driving under the influence. It is based on the fact that blood alcohol concentration (“BAC”) levels continue to rise even after you stop drinking. When you consume alcohol, your blood alcohol rises rapidly. It continues …
Playlist: Preliminary HearingsWatch this playlist on YouTube If you are facing a felony charge in California, the preliminary hearing – often called a “prelim” – is one of the most important court proceeding in your case. Your preliminary hearing is where the district attorney must show the judge that there is sufficient evidence – called …
California Penal Code § 1385 PC gives California judges wide discretion to dismiss unfair criminal charges and sentencing enhancements “in furtherance of justice.” This judicial power is a safeguard against: frivolous cases and frivolous punishments. Can I file a PC 1385 motion with the court? No. You (and your defense attorneys) are not allowed to …
California Penal Code 647 PC: Disorderly ConductWatch this video on YouTube California Penal Code § 647 PC makes disorderly conduct a misdemeanor carrying up to six months in jail and/or $1,000. Disorderly conduct comprises such behaviors as lewd conduct in public, prostitution, panhandling, public intoxication, squatting, loitering, invasion of privacy, and revenge porn. Examples of …
Can my criminal case be overturned for "Ineffective Assistance of Counsel"?Watch this video on YouTube If you are a defendant in a California criminal case, you can claim ineffective assistance of counsel (“IAC”) if your defense attorney’s incompetence hurt your case. A successful IAC claim could be grounds to overturn your conviction or vacate a …
What is a “Subpoena Duces Tecum” in California Criminal Cases?Watch this video on YouTube A subpoena duces tecum (or “SDT”) is a court order that requires you to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Under California law, either a prosecutor or the defendant may use …
What Counts as a Violent Felony in California? Penal Code 667.5 and the Three Strikes Law ExplainedWatch this video on YouTube California Penal Code § 667.5 PC lists the “violent felonies” that count as strikes under California’s three strikes law. A conviction for any violent felony (or a serious felony) counts as a strike. A …
Falsely Accused of Arson? Advice from a former Los Angeles District AttorneyWatch this video on YouTube The 2025 fires that ravaged Pacific Palisades, Malibu, Pasadena, and other southern California cities were largely the product of the Santa Ana winds and lack of foresting safeguards. However, there is increasing speculation that arson played some part. Penal …
Contempt of Court — "Can You Go to Jail for it?" Penal Code 166 PCWatch this video on YouTube California Penal Code 166 PC prohibits contempt of court. This includes such behaviors as being noisy or disruptive while court is in session, refusing to be sworn in as a witness, or disobeying lawful court orders. …
Penal Code 3056 PC – Awaiting Parole Revocation HearingsWatch this video on YouTube If you allegedly violate your parole, California Penal Code § 3056 PC allows courts to keep you in custody while waiting for your parole revocation hearing to take place. During this time, the county has sole legal custody over you. If parole …
How Does "Felony Probation" Work?Watch this video on YouTube Felony probation (also called formal probation) is a sentencing alternative to prison that allows you to serve all or part of your sentence out of custody. You must abide by certain terms and conditions of probation and report to a probation officer. Not everyone qualifies for felony probation. …
The Batterers’ Intervention Program (“BIP”) is a set of 52 weekly, two-hour classes you must complete as part of your probation if convicted of domestic violence (“DV”). It does not matter if your conviction is for a misdemeanor or a felony. DV classes are a combination of education and counseling that focus on: The causes of abusive behavior …
California Penal Code § 4573.6 PC prohibits possessing controlled substances in prison, jail, or anywhere else that inmates are in custody. Knowingly having drugs in a prison or jail is a felony punishable by up to four years in county jail. The full language of 4573.6 PC reads: (a) Any person who knowingly has in …
In California, an infraction is a minor violation of the law. Unlike misdemeanors and felonies, infractions are not crimes and carry no jail or prison time. Instead, you face a civil fine of up to $250. Sometimes misdemeanors can be reduced to infractions as part of a plea bargain. This way, you avoid a criminal …
Arraignments in California Criminal Cases — 3 Things That Will HappenWatch this video on YouTube An arraignment is usually the first court hearing in a California criminal case. The arraignment is where you are formally charged with a crime. The judge can also address issues of bail and restraining orders. Five key things to know about arraignments are: …
Committing a Felony While on Bail or OR Release — Penal Code 12022.1 PCWatch this video on YouTube California Penal Code § 12022.1 PC tacks on an extra two years of prison time if you are facing felony charges and then commit another felony while out on bail or OR release. However, the two years …
“Competency to Stand Trial” — Raising a "doubt" under Penal Code 1368 PCWatch this video on YouTube Penal Code § 1368 PC sets forth California law as to a defendant’s mental competency to stand trial. If a judge believes you lack the mental ability to understand the criminal proceedings and assist in your defense, then …
"Receiving a Stolen Vehicle" in California — When is it a crime? — Penal Code 496d PCWatch this video on YouTube California Penal Code § 496d PC prohibits buying, receiving, selling, or hiding a vehicle you know is stolen. This crime is a wobbler, which means it can be charged as either a: misdemeanor carrying …