Having an Attorney is Best Being charged with DUI can be overwhelming for many drivers, so facing it with a DUI attorney is beneficial. This helps you understand and navigate situations wisely. It will also save...
DUI and Child Custody Child custody is one of California’s most critical issues before family courts. Custody and authority over a minor are determined primarily in the minor’s best interests. A judge or the courts will...
Nothing is More Costly Than Your Freedom If your BAC is 0.08% or higher, you might get arrested in California for DUI. Getting caught driving under the influence (DUI) can be very costly in California. A...
If you are arrested for DUI while in California, you can be certain that the penalties you will face are equivalent to those of a state resident. Nonetheless, the procedure can be intricately complex. It may...
Can I Rent a Car with DUI Conviction? A DUI conviction results in many limitations. The consequences of a DUI extend beyond just monetary fines and imprisonment. A conviction for driving under the influence while intoxicated...
Why Some Criminal Records Cannot be Expunged? Individuals who have been found guilty of a felony or misdemeanor but were not given a state prison sentence may be eligible to avail themselves of a California state...
What Data Does My Driving Record Contain? If you have a license from California, you can get your California Driving Record or Motor Vehicle Report (MVR) from the California Department of Motor Vehicles. You can buy...
A Notable Uptrend There was a significant increase in incidents of violent crime, consumption of illicit drugs, and mortality caused by drug overdoses in Los Angeles in 2022. Consequently, board members have stated that this disturbing...
Restitution Restitution is an essential part of the criminal justice system. It is a way for offenders to make amends for the harm they have caused to their victims. Restitution can be ordered by the court...
Enlarge Infographic Coping with Mass Violence As someone who has experienced secondhand trauma, I understand the emotional toll it can take on a person. Secondhand trauma occurs when an individual is exposed to the trauma of...
Understanding the Intersection of Domestic Violence and Disability Domestic violence is a pattern of behavior used by one person to gain power and control over another person in an intimate relationship. This behavior can take many...
What if the Jury Gets it Wrong? The American legal system is superior to that of many other countries. Originating in ancient Greece and Rome, a trial by a jury of one’s peers checks the power...
Media Impact The media profoundly influences our culture. The news media—including newspapers, radio, television, and the internet—play an essential role in shaping public discourse. Prosecutors, defendants, and defense counsel often have difficulties in court because of...
Were You The Victim of Wrongful Imprisonment? Yes, wrongfully convicted people do get compensation. However, victims of unjust convictions are routinely refused compensation based on technicalities or rules restricting the amount of compensation awarded, even in...
You Cannot Change a Juror’s World View in a Few Days Fear of crime arises as a societal phenomenon that, in extreme circumstances, impairs the quality of life, produces paranoia, anxiety, and other psychological disorders on...
California DUI Programs Designed to Keep You Mobile The law considers convictions for drunk driving differently from other misdemeanors. The repercussions of a DUI conviction extend beyond penalties and even prison time. There are limitations on...
The Devil is in the Details Criminal convictions for violent offenses (including murder, rape, sex crimes committed with a minor, abduction, and others) automatically exclude individuals from teaching positions. California Laws Furthermore, those who have violated...
Common St. Patrick’s Day Crimes St. Patrick’s Day is renowned as one of the year’s largest drinking celebrations. In cities around the United States, the streets are crowded with parade-goers, and bars are filled with green-clad...
California DUI Myths Driving under the influence of drugs or alcohol is a serious offense in California and can lead to serious penalties. Unfortunately, many people don’t know the facts about DUI and the laws in...
The Police Are Pulling You Over… Traffic stops are a common occurrence in California, and it’s important to know your rights as a driver and passenger during a police stop. It’s also important to know what...
LGBTQ+ Rights Miguel Cardona, the current U.S. Secretary of Education, has made several changes to Title IX, a federal civil rights law that prohibits discrimination based on sex in education programs. These changes have been praised...
Closing Arguments of a Jury Trial Closing arguments are the last part of a trial and are essential to the outcome of a case. They provide the defense and prosecution with a chance to make their...
Hidden Dangers of COVID Relief Fraud As the pandemic continues to ravage the United States, the Paycheck Protection Program (PPP) was created to help small businesses and individuals stay afloat. But with this federal aid comes...
Only in Self-Defense In California, the law allows for self-defense in certain circumstances. Grand theft auto is one of these cases, and therefore it may be permissible to use “reasonable force” against someone who is trying...
Juvenile Can Be Sex Offenders In California, a minor (someone under the age of 18) can be registered as a Sex Offender if they are convicted of certain sex offenses. Sex offenses in California that may...
Facial Recognition, Technology and AI Facial recognition technology is becoming increasingly popular with law enforcement, who view it as a powerful tool to help identify suspects and keep the public safe. However, there are some major...
Immigration Law meets Criminal Law As an immigrant, it can be difficult to understand the legal system and the potential consequences of committing certain crimes. One term that is often misunderstood is “aggravated felony”. It’s important...
Digital Forensics In this guide, we discuss the importance of authenticity in digital evidence, the admissibility of digital evidence, the challenges associated with authenticating digital evidence, and best practices to ensure the integrity of digital evidence....
What are Miranda Rights? Miranda Rights are an essential part of the U.S. legal system. Every day, law enforcement agents read these rights to individuals who have been arrested or detained. But what exactly are Miranda...
Are Sex Offenders Allowed in School? Sex offender laws are very complex and vary significantly between states. As a result, it can be difficult to create policies that allow a sex offender to attend school while...
What is an Occupational Driver’s License? An occupational driver’s license is a special type of restricted license that allows you to drive to and from certain necessary locations, such as work, school, or medical appointments. In...
Bench vs. Arrest Warrants may be issued for a variety of reasons, including failure to appear in court, suspicion of criminal activity, or failure to pay a fine. Depending on the type of warrant, the legal...
Act Fast As a parent, it can be one of the most difficult and frightening experiences to have your teenager arrested. It’s important to understand what to expect if your teenager is arrested and what you...
Grand Theft It’s a heart-wrenching reality for pet owners everywhere – the fear of your beloved pet getting stolen. Unfortunately, this fear has become more and more prevalent in Los Angeles in recent years, with the...
The Stigma of Domestic Violence in the Military Domestic violence is a serious issue that affects many people, including military personnel and their families. Unfortunately, it is often overlooked and goes unreported. Domestic violence can take...
DUI Convictions and Teaching A DUI conviction can have a huge impact on your life, and it can be especially difficult for school employees who need to pass a background check to be able to teach....
California Penal Code 995: Motion to Dismiss Under California law, a Penal Code 995 Motion asks the court to dismiss one or more felony counts. The motion is based on the grounds that the felony was...
Are You Being Targeted by Someone Faking Being a Victim of Rape? False sexual assault or rape allegations are a serious matter. They can have a devastating impact on the lives of those accused, whether they...
Valentine’s day is a day to rejoice and celebrate love. Despite this, a large number of crimes are recorded on this day. It is evident from the records that there are several arrests on this day,...
What is an Alternative Dispute Resolution? To avoid going to court, parties might use alternative dispute resolution (“ADR”) techniques. Alternative dispute resolution (ADR) is a catch-all term for any procedure or set of procedures used to...
Speedy Arraignment and Rights for Arrestees A person detained for a misdemeanor or felony in California must be brought before a court “without unwarranted delay” and no later than 48 hours after arrest (excluding Sundays and...
What Is Marital Rape or Spousal Rape? California PC 262 details the offense of rape against a spouse. To commit spousal rape, an offender must have sexual contact with their wife in violation of her consent...
Penal Code 653.22 Patronizing prostitution is a crime that can be committed any time someone is paid to do something sexual. Patronizing a prostitute means giving her something of value, even if it’s not cash. If...
Can Using AI for Writing Content be Considered Intellectual Property Theft? This is a valid concern because of the current training methods for generative AI. Like machine learning programs, they can find and use existing data...
Can Emotional Abuse be Used in a Domestic Violence Case? Domestic violence is defined broadly under California law and includes emotional abuse, which is often overlooked. Any behavior or language used with the intent to dominate,...
Isn’t this the most amazing time of year? Unfortunately, according to crime statistics, it is also an unsettling time of year for others. While Christmas may seem the least probable time for crimes, the unpleasant reality...
What is a Lolicon Anime? In the U.S., lolicon and shotacon are no longer a topic of debate. Since the 1990s, federal and state lawmakers have sought ways to balance free speech and child porn. Federal...
U.S. Justice System The Constitution of the United States created a federal judicial system shared by the federal and state governments. Each state has its own federal and state court systems, which are separate. You must...
Party Time In the criminal justice system, New Year’s Eve and Day are the two busiest days of the year. When guests at a Christmas party have had a few too many mugs of cheer, the...
I’m a Victim. Where can I find Assistance? Those who work in victim services provide a wide variety of free services to assist those who have been victimized to thrive again. For the County District Attorney’s...
What is Accomplice Testimony? The district attorney’s office may file an accomplice charge against someone who provides material support for the commission of a crime. If the accomplice is willing to testify against the main suspect,...
The border between hate speech and hate crimes is blurred for many Americans. Associations have been campaigning against present hate crime regulations because they stifle free expression. While hate speech is mostly uncontrolled owing to the...
You may face incarceration, supervised probation, and heavy penalties if falsely accused of a crime. However, even if you are found innocent, you may suffer irreparable harm to your reputation. Many consider it given that justice...
How Can I Obtain a Restricted Drivers License? A restricted license permits anyone to use a motor vehicle under certain conditions. After an arrest or conviction for driving under the influence of alcohol or drugs (DUI),...
A student’s expulsion from school serves as a stigma. The expulsion of a student not only forces them to attend a school outside of the district, but it may also affect their chances of being accepted...
High rates of harassment and violence are experienced by the LGBTQ community, presumably considered higher than what is recorded by the FBI or other law enforcement organizations. Efforts have been made in certain jurisdictions to enact...
Being Aware of Jailhouse Informants Unmonitored jailhouse testimony puts innocent individuals in jail (often on death row), wastes millions of dollars, and does little to help victims of crime. Worse still, the witnesses often gain in...
You are Innocent A written request to overturn a criminal conviction is called a “motion to vacate a judgment.” It is filed in California because Penal Code 1473.7 PC is the law there. People who are...
Education Code Section 48900: Suspension and Expulsion Students in California public schools may be suspended or recommended for expulsion if they: conduct violent crimes, possess drugs or weapons, steal, harass, haze, act obscenely, threaten to inflict...
What Does Procurement of a Child Mean? Child Procurement is the illegal act of giving your child or a child you have in your possession to another person as a prostitute or paying a child to...
What is SB 1437 Petition? California has complicated murder laws. Several laws may render you guilty of murder even if you didn’t kill anybody. In 2019, the governor signed SB 1437 into law. SB 1437 applies...
Criminal Priorities of The F.B.I. The F.B.I. has three national security priorities and five criminal priorities. Together, these tell the agency what kinds of crimes to look into. The three top priorities for national security are:...
What Does Assault of a Protected Class Individual Mean? The statute’s higher sentencing provisions apply to aggravated assault crimes committed against the protected class of individuals. In the event of an attack perpetrated against a protected...
I Have a Warrant. What’s Next? Once you learn that an arrest warrant has been issued for you in California, you should immediately speak with a competent criminal defense attorney. Decisively surrendering to law enforcement is...
Hard Knock Life The Los Angeles County Jails are the largest in the world and one of the most troublesome in the United States, housing an average of about 22,000 inmates every day. Included is the...
The Glitz and Glamour Despite Los Angeles being the home to many jet-setting high-profile celebrities, there is a crisis under all that facade, and it is spilling onto the streets. The problem is not localized to...
What are Concurrent Sentences and Consecutive Sentences? Typically, judges have the authority to determine whether offenders guilty of different offenses should get concurrent or consecutive sentences. The choice may arise when a person is convicted of...
Every Crime is Defensible Being arrested for a crime, any crime, is scary. The criminal justice system is complicated, and being accused of a crime is incredibly stressful. An experienced criminal defense attorney can help you...
Were You Falsely Accused? Teachers have a greater impact on their students’ development than any other adult group, including the students’ close families. Unfortunately, many of these educators’ only transgression went the additional mile to aid...
Task Forces Aimed at Stopping Child Pornography It is illegal to create, possess, transport, distribute, or sell any pornographic material featuring juveniles under the age of eighteen in the state of California, according to the state’s...
What is a Pre-trial Diversion Program? It is possible to escape conviction and a criminal record after an arrest for a misdemeanor in California by enrolling in a pre-trial diversion program, even if a not-guilty finding...
Aiding a Crime – Accomplice Liability Aiding or encouraging another person to commit a crime is known as complicity. It’s also known as “assisting and abetment.” A person who aids and abets the guilty is called...
When I Can File for Restraining Order? When someone is subjected to illegal violence, a genuine threat of violence, or a knowing and purposeful pattern of behavior that significantly scares, irritates, or harasses and serves no...
California Detainment Laws It is against the law for the police to keep you in jail for a crime you didn’t commit. In that case, keeping you in jail is against the Fourth Amendment, even if...
It is illegal to use another person’s name or identity to do injury or get an inappropriate profit, as defined in PC 529, which also goes by the label of “false personation.” A misdemeanor or a...
Why Would the IRS Audit a Tax Return? Tax returns, supporting papers, and other financial accounts and information are all subject to an IRS audit to verify the correctness of the information presented on the return,...
What is Doxxing? Doxxing or doxing, an abbreviation for “dropping papers,” occurs when an attacker collects personal information on an individual and then makes that information public to irritate, harass, intimidate, or stalk the victim. Criminals...
Ways an Active Arrest Warrant May Change Your Life Having an active arrest warrant is a terrible legal predicament, mainly if you are on the run from law enforcement and hoping to escape being apprehended or...
What’s the Difference Between Fed and State Charges? While state legislatures and attorneys general handle most criminal law matters, federal authorities may step in to prosecute crimes committed in interstate or foreign commerce or on federal...
What’s a Parole Board? A parole board is a group of people who can decide whether or not an inmate should be released from prison. A convict may be eligible for parole after serving a certain...
Most Cases Involve a Plea Deal In California and the US, a plea bargain is a norm rather than an exception. A plea bargain is a procedure between the prosecutor’s office and the defendant in which...
Crimes on All-Hallows-Eve American celebrations of Halloween date back to the late 19th century. Everyone, from adults to teenagers to young children, participates in Halloween by donning costumes, going door to door, carving pumpkins, telling scary...
Recidivism in Sex Crimes Recidivism is when a convicted criminal returns to criminal conduct. While the etiology of criminal conduct is complicated and recidivism stems from psychological and societal circumstances, recidivism is not just recurrent offending....
Do You Have Federal Arrest Warrant? Anyone caught up in a federal criminal case is in a scary situation. Whether you have been arrested on a federal charge or been told a warrant will be issued,...
Tell Them They Aren’t Allowed In the last several years, technology has advanced at a breakneck pace. Most of us rely extensively on technology in our daily routines and activities. We depend heavily on our smartphones,...
It’s important to note that protection and restraining orders have the same purpose in California: to somehow prevent an offender from harming the protected party. Even though they seem similar, protection and restraining orders are two...
What is Job Scam? Have you ever encountered a job posting on the internet and immediately dismissed it as a scam? That may be the case. Even if fraudsters have always existed, they’ve become more inventive...
What is the Witness Protection Program Used For The United States government offers a “Witness Protection” service to witnesses in high-profile criminal cases to safeguard them from danger. U.S. Federal Witness Security Program (WITSEC) 18 U.S....
What is a Constitutional Amendment Says? The Fourth Amendment protects citizens against the government’s unconstitutional searches and seizures. A warrant is required to search an American citizen. This brings up the issue of whether police in...
Legalize It In 1996, voters in California enacted the Compassionate Use Act, making it the first state to legalize medical marijuana. Both medical and adult-use (recreational) cannabis usage is now legal in the Golden State. Strict...
What Members of the Team Need to Participate in the Sharing of Information? Organizations, individuals, and technology using algorithms are all involved in information sharing. The information may be shared in various ways, such as a...
Law and Order In American law, civil cases and criminal proceedings are handled separately. However, the specific facts of each case determine whether a defendant may face criminal or civil charges in California. In general, crimes...
It’s Up to You A person who provides government officials with information in exchange for rewards is a confidential informant. On the other hand, this setup isn’t always optimal. Your case may benefit; however, working with...
Crimes Affecting Immigration Status Suppose you are a noncitizen who has a criminal record. In that case, you may find getting a work visa or permanent resident status in the United States challenging, regardless of where...
The Emoji as Evidence during a Trial? Yes, emojis may be used as evidence in a trial. Expert forensic linguist witnesses often rely upon judicial proceedings to offer interpretations of written and spoken proof, including emojis....
Detailing Jury Instructions Jury deliberation follows the presentation of evidence and the conclusion of closing arguments in a jury trial. The judge will write up guidelines for the jury to follow while they deliberate, which will...
Caught Up in the Moment Just over five years ago, Facebook introduced a new service called Facebook Live, which enables users to easily produce and share live broadcasts with the rest of the internet. Mark Zuckerberg,...
The Importance of Parental Responsibilities As a parent, it may be difficult and frustrating to see your child going through a period of defiance. Parents in California now have one more thing to worry about: will...
Court-Ordered Criminal Protective Orders A court might issue an order known as a Criminal Protective Order to ensure the safety of a witness or victim of a crime. It follows an Emergency Protective Order and may...
It Comes Down to Obeying the Judge’s Orders When a court order is issued, it is taken extremely seriously. If it is broken, it may have terrible implications. In most cases, the offender will be ordered...
California Laws Regarding High-Speed Chases Is the Defendant in a Police Chase Liable in the Event of an Accident? Except for the fact that they are all inherently hazardous, police chases are unpredictable events. Both the...
Realignment – California The California criminal justice system is undergoing a period of major upheaval referred to as realignment. Supervising certain classes of low-level felons and parolees from state prisons is being moved from state parole...
Nationwide Criminal Databases After a DUI conviction, you will likely have your driving privileges restricted if not taken away entirely. A question our clients commonly ask us is, ‘what if I move or plan on visiting...
How to Survive if You’ve Been Taken Hostage Although you’ve probably never pictured yourself — or wanted to picture yourself — the victim of a kidnapping or in a hostage situation, the truth is, it can...
Black Friday Deals and Steals Black Friday starts off Christmas shopping for many. Some retailers open on Thanksgiving evening, providing buyers access to big bargains. Intense competition for limited quantities of popular goods may arise in...
Crack Pipes, Meth Pipes, Needles California HSC 11364 makes it a crime to have drug paraphernalia in your possession. It is defined as anything that may be used to produce, administer, or conceal a controlled drug...
Strict Liability Law in California “Strict liability” is a legal doctrine that exists when a defendant is held liable for an action that results in injury, regardless of whether or not they had intent to cause...
Does The Prosecutor Have a Weak Case? A person well-versed in the law can tell at a glance whether or not a criminal case has merit. When brought to trial, criminal cases have a reputation for...
Intellectual Property Theft Theft of intellectual property refers to the illegal acquisition of another party’s formulas, designs, works of art, or other forms of intellectual labor. The United States Patent and Trademark Office (USPTO) issues rules...
Urinating in Public As stated in Section 647 of the California Penal Code, urinating in public in California violates disorderly conduct. It might be a public nuisance violation under sections 370 and 372 of the California...
Most Accusations are Accurate The percentage of fraudulent or fake allegations of sexual abuse of children is put between 4 and 8 percent. This means that 92% and 96% of reports are accurate. Survivors often struggle...
Sextortion – The Internet Sex Crime “I won’t get caught, I’m a hacker I covered my tracks”… “If u don’t play I promise I’ll f*ck your life over.” ~ Famous last words by Richard Finkbiner When...
Beware of Skimmers, Use Credit not Debit Anyone making purchases or withdrawing cash from an ATM, buying petrol, or eating out might be a victim of card skimming. Installing a skimmer on your card reader will...
Selling Your Prescription Medication for Money? Narcotics are still a big problem in the United States. In the same way, in most states, it is a very serious crime to deal with or sell prescription medications....
Cease and Desist Notices Letters A “cease and desist” notice is a written request for someone to stop doing something illegal or thought to be illegal right away. It could be a court order, an injunction...
California Committment Orders A commitment order is a court-issued directive to confine a specific individual in a correctional institution, hospital or other institution for the foreseeable future. Specifically, a court directs legal enforcement officials to transport...
A DUI on a Cart, Seriously? Absolutely, but it’s a rare occurrence. In California, operating an automobile while intoxicated is unlawful. The permissible blood alcohol concentration (BAC) level is 0.08 percent. Underage motorists are prohibited from...
Writ Of Habeas Corpus Habeas corpus has English common law foundations. The mechanism allows prisoners or others to protest their lawful imprisonment. A writ of habeas corpus (which means “produce the body”) is a court order...
Stolen Property The answer to this question may not be immediately apparent. Knowing the definition of theft in the California Penal Code is the first step in answering the question. Theft is often classified as either...
Which Are the Types of Embezzlement? Embezzlement is a theft offense defined as the misappropriation of funds by an organization or employer that were placed in their trust by another party. Many workers, contractors, or even...
Failing to Appear If a witness is issued a subpoena but does not show up to testify, police may issue an arrest. If a witness shows up in court and refuses to testify, they have broken...
Inmates Over Fifty The California Parole System has been updated to include the Elderly Parole Program. Good conduct during incarceration may result in a prisoner’s release from jail before the conclusion of their (maximum) sentence, a...
Obstruction Charges Interfering with law enforcement while doing their jobs is the essence of obstruction of justice. Willfully “resisting, delaying, or obstructing a law enforcement officer or Emergency Medical Technician (EMT) while they are engaged in...
First Amendment Right Due to the First Amendment’s protection of free speech, the press, and the public’s right to know, the courts have upheld the practice of filming police officers. Most courts that have examined this...
One Crime, One Case, One Outcome American Justice System Double jeopardy is a significant part of the United States Constitution. It comes from the second clause of the Fifth Amendment and keeps an accused individual from...
Consulting an Attorney Facing criminal charges may be a terrifying experience. Most people have little to no experience with the police and less with the pitfalls of the criminal justice system. Finding, meeting, and learning to...
Plea Withdrawal By admitting guilt in court and waiving trial, a defendant effectively admits the charges against them are true. You waive any chance of successfully defending yourself by raising reasonable doubt about the accusations in...
Can I Run a Fight Club? The old common-law idea that fighting between two adults willing to engage in the activity is essentially ‘legalized fighting’ is a misnomer. Given its origins in dueling, it’s hardly surprising...
GPS, Cellular or WIFi Triangulation Looking for Evidence If the police try to access your phone, it’s likely because they’re gathering evidence against you. Passcode-cracking and vulnerability-exploiting businesses are becoming more adept at weakening mobile devices....
A Liberal Frontier State California has a lengthy controlled but often unregulated gaming history as a frontier state. Due to its population growth over the 20th century, California is one of the most prominent ‘liberal’ states...
Waiting on the K-9 Unit A trained police dog is used in a canine smell test, also known as a police dog sniff test, to hunt for evidence of criminal activity. Police dogs are often used...
American Criminal Justice ‘Presumption of Innocence’ says that a criminal defendant accused of a crime is thought to be innocent until they are proven guilty. So, if the person is to be found guilty, the prosecutor...
Domestic Violence Can Haunt You Regardless of the parent’s marital status, any history of domestic violence in California will likely affect custody decisions. All courts managing child custody must determine whether parents are fit and capable...
How to Defend Fraud Charges: Hire an Attorney Credit card fraud is unlawfully using a credit card, debit card, or other payment mechanisms. The court considers it theft when someone is accused of applying for a...
Depends on The Type of Crime People often wonder whether they have a legal duty to report a crime. Everyone has different responses after witnessing a crime. While some will jump into action and try to...
California Leads The Nation The Constitution’s Second Amendment says that people in the State of California can own and carry guns. But the state has the right to regulate and limit who can possess certain firearms...
Not So Coolifornia If you’ve been charged with a drug offense in California, immigration consequences like deportation depend on several factors, such as the type of crime you committed and your criminal history. If you’re a...
Civil or Criminal Contempt Disobedience to a court order is considered contempt of court. In California, like in most states, civil contempt and criminal contempt are recognized as forms of contempt of court. There are certain...
Attention International Students and Dreamers Visa-holders from other countries are responsible for knowing what is permissible and what violates local, state, and federal laws when they enter the United States. Students in the nation on a...
Possession of Controlled Substance For many types of controlled substance laws in California, it’s a crime to merely have the drug in your possession without a doctor’s prescription, as this can create the assumption that since...
Your Lawyer Will Contact Them if Needed Defendants shouldn’t speak to witnesses during criminal court proceedings. The judge typically directs the defendant not to contact any witnesses. Because of this, any words a defendant makes to...
Failure to Appear in California If you miss your court date, you’ll be charged with failure to appear (FTA). The judge may issue a bench or criminal arrest warrant depending on why you were to appear...
DUI Convictions A DUI conviction stays on your record for up to ten years and is visible by the DMV and law enforcement throughout that period. In California, DUI convictions persist for ten years, and accumulate...
Digital Forensics: The Cellebrite UFED Touch 2 Wiretapping by Law Enforcement Law enforcement officers can begin investigating you without your knowledge or being informed. Phones contain much sensitive information that should not be privy to everyone....
Scene Documentation Scene documentation records the crime scene’s state. The criminal scene’s condition must be noted after the preliminary scene inspection. This is the investigator’s most crucial duty. Since crime scenes alter as soon as they’re...
Trust No One Disclosing or communicating information about a case goes by many different names. There are restrictions on what kind of information may be shared publicly. The court’s regulations may permit you to disclose information...
Concealed Weapons Permit (CCW) To legally carry a weapon in California, one must apply for a concealed weapons permit (CCW), which allows ordinary citizens to carry firearms in California. Without a CCW, having a loaded or...
Good Credit It is challenging for prisoners to participate in all incarcerated rehabilitative programs. In some states, prisoners can get up to 54 days off their sentence for good behavior. The federal law describes good behavior...
Governor’s Pardon: Rare but Invaluable Tool A pardon is an opportunity given to a convicted felon to show they have undergone full rehabilitation for the crime they were convicted of. If a convicted criminal is awarded...
Research Your Lawyer’s Education Question: Can anyone practice law without attending law school? Answer: Surprisingly the answer is YES, in some states. In 2021, four states (California, Virginia, Vermont, and Washington) approved laws for those with...
California Infractions and Misdemeanors If you got a traffic ticket in California, don’t worry. Getting a moving violation is never easy, but you may proceed through the California traffic ticket procedure swiftly and easily – and...
You Have Rights Against It Excessive bail refers to the amount of cash or bond a defendant is ordered to pay by a court. It is necessary to ensure they will make court appearances. The Eighth...
1. Good: Consider Pleading the Fifth Individuals are shielded from self-incrimination under the Fifth Amendment, by choosing to remain silent. To commit self-incrimination, you must either purposefully or inadvertently disclose information that might lead to criminal...
How does a DUI affect Car Insurance? Financial and legal difficulties can be significant long after a DUI conviction for driving under the influence. The next steps in your legal process will be complicated; thus, to...
Twenty Percent of Teens For a responsible parent, receiving that phone call that your child has been arrested in school for drugs can be devastating. Instead of questioning your ability as a good parent, you should...
Teens and Stalking There are many forms of stalking. In fact, it’s has reached a chronic public health crisis in this country. Stalking among teenagers most often occurs when a relationship ends, and the teenage stalker...
Conspiracy or RICO? Feds stoutly prosecute racketeering and conspiracy, so you have to understand the stakes if accused. Conspiracy is a collective criminal activity that occurs when two or more people plan to commit a crime...
Changing Your Official Statements Recanting a statement means you want to withdraw, or take back, a previous statement that you made to the police. The consequences of deciding to recant your statement will vary depending on...
Help Prevent DUI Charges and Accidents As a consequence of serving alcohol at their party, hosts may be held legally liable for the acts of their visibly intoxicated guests. In situations involving accidents caused by intoxicated...
Who Owns Trash? Interestingly, you may never pay much attention to your trash, especially if it is left outside your house, but the police can easily target it for a search. Most people consider law enforcement...
Marijuana Use in America In 1970, Congress declared marijuana illegal under the Controlled Substances Act. The Act categorizes marijuana as a Schedule One drug, which means that it has “a high potential for abuse and little...
Evidence in Criminal Trials When used in the context of an inquiry, the term “evidence” refers to a wide variety of sources of information that might be used to establish or deny issues in dispute before...
Involuntary Intoxication Defense Criminal law provides a variety of sanctions for offenses that vary depending on the circumstances. Common criminal law defenses, such as insanity, infancy, and intoxication, are predicated on the defendant’s inability to be...
Flawless Victory If criminal charges are dropped, there will be no trial, and no repercussions will be imposed for the alleged offense. If you are convicted and charged with a crime, the arresting officer will provide...
California Prosecutors Take DV Cases Seriously A domestic violence charge is a serious criminal offense. It includes issuing abuse or threats to anyone close to the defendant. These include spouses, former or current cohabitants, children, and...
What is Human Trafficking? Human trafficking is a despicable crime that is often misunderstood because most people don’t know how to identify the signs and common risk factors. The United Nations defines human trafficking as, “recruitment,...
White Collar Crimes involving Money Both money laundering and embezzlement involve hiding money which is why in some cases they are often confused with each other. However, the only thing that these two crimes have in...
The Freedom to Peacefully Assemble The freedom to peacefully assemble and protest is guaranteed under the First Amendment. In some situations, government officials do have the power to limit free speech or free assembly. Learn your...
Character Witnesses vs. Eye witnesses In a criminal case, the defense and the prosecutor might call witnesses to testify on the stand. There are different types of witnesses, including eyewitnesses and character witnesses. An eye witness...
A Record That Follows You A juvenile record contains all documents, court orders, and reports in a juvenile court file. It also includes other documents related to the juvenile record held by the Department of Justice,...
The Clock Starts Now Question: “When does the Statute clock start?” Answer: “Once the police discover a crime.” This is usually when the investigation starts as they try to figure out what happened and who could...
Procedural Defense Factual Defense Affirmative Defense Common Defenses What Is a ‘Procedural Defense’ In Criminal Law? When you are facing accusations, one of the essential things you can do is familiarize yourself with the numerous legal...
Rapid DNA Testing For years forensic scientists have been using DNA testing and research to help law enforcement solve and identify potential suspects of certain crimes. Success stories like the catching of the Golden State Killer,...
Criminal Court Dismissals A criminal case may be dismissed before, throughout, or even after the trial. It could be the outcome of a proposal to dismiss filed by the prosecutor or the defendant, or it could...
How to Defend Against Police Surveillance at Protests The right to join fellow citizens in protest is one of the foundations of democracy and a cornerstone of the First Amendment. Unfortunately, law enforcement officials can use...
Rape or Statutory Rape? The legal definition of rape is the sexual offense of having non-consensual sexual intercourse with someone by issuing threats, fraud, or using force. In most cases, the rapist prevents the victim from...
Defining ‘Negligent Homicide’ When a person loses their life, it’s not unusual for a seemingly harmless character to be prosecuted with manslaughter, even if the death was an accident. Furthermore, it’s too common for prosecutors to...
The Legal Doctrine of Strict Liability Under California law, strict liability crimes are those that do not require the prosecutor to provide fault. Rather, all the prosecutor has to prove is that the defendant did something...
DUI for Taking Prescription Medication Most people assume they cannot get a DUI for taking prescription medication, but this could not be further from the truth. The California Vehicle Code 23152(f) makes it unlawful for any...
Squatters’ Rights in California California is the highest populated state, and because of this, many people tend to reside in properties that are not theirs. Squatting is overwhelming for landlords and frustrating, especially for new property...
Sexual Harrassment Laws There are laws against sexual harassment in the workplace. However, individuals may still engage in sexual harassment, making others in the workplace feel uncomfortable, threatened, or unsafe. Sometimes, people may not realize they’re...
Honest Mistake or Federal Crime? A US passport is one of the most important traveling/identity documents one can own. However, this also means that they are one of the most secure passports in the world. The...
The Art of Parenting Parents consider the relationship with their children to be of the utmost importance. If a court decides to take an involuntary termination of a parent’s parental rights, it is often a decision...
A Profound Correlation Many people believe that Education and Crime have an inverse causal relationship, that the more education one has received, the less likely one will be to engage in criminal activity. According to the...
Riding Your Bike Impaired A lot of people in California today are choosing to opt for a bike as an alternative to driving. After all, it helps them avoid the long hours of California traffic jams...
Criminal or Civil? Homicide is the killing of a person by another. Not all homicides are unlawful. Lawfulness depends on one’s conduct that caused the death of another. “Manslaughter is the unlawful killing of a human...
Hero or Zero? We live in a world full of crime, and knowing how to react when we witness a crime is essential. Simply because being informed on how to react in situations where crime is...
Carrying a Knife in California? California’s knife laws can be difficult to interpret because it is the most populous state in the country and has a diverse range of political viewpoints. Knowing the laws can help...
Military Sex Crimes Over the years, the military has struggled to curb the spread of sexual assault and harassment within its rank. This issue became apparent after specialist Vanessa Gillen was sexually assaulted and later killed....
Prosecutors Take Domestic Violence Seriously Domestic violence is a severe criminal offense that can seriously impact your life. The case entails threatening or harming a partner, whether you are in an intimate relationship or cohabiting together....
It Depends on Your State Americans consider being heard through voting for their choice of representatives as one of the most fundamental rights. These rights are all advocated as stipulated in the United States constitution. As...
Military Criminal Record A criminal record can affect many areas of a young person’s future, depending on the crime they are charged with, such as employment, education, and housing. Another area that could be affected is...
Entrapment Entrapment is a situation where the police or government agents try to lure an accused into acting the crime they are accused or suspected of, and it is legally allowed as long as it is...
Elements of Conspiracy A conspiracy occurs when two or more people plot either to carry out a crime or defraud the United States or a government agency, and one of the members of the conspiracy performs...
Try Not to Do This The 4th of July — Independence Day — often means barbecues, fun in the sun, and for many, some adult beverages, too. Although it’s supposed to be a day of celebration,...
Abuse or Assault? In most sex crimes cases, you have probably heard the terms sexual abuse or sexual assault used. These terms are often used interchangeably when describing sex crimes. However, these two are considered different...
Relax, There’s Hope If you have ever been convicted of a drug charge in California, you have probably wondered to yourself what your future employment opportunities are. It is already hard enough for people with perfect...
‘Parental Kidnapping’ in California Criminal restraint by a parent in California is often described as ‘parental kidnapping’. What most parents do not know is that they can be arrested for kidnapping their own children. In fact,...
Sometimes, Freedom isn’t Free After having been sentenced to probation, the gavel bangs, and you’re free to leave the courtroom. But, to what extent are you free to travel the world? The degree to which criminal...
Procedural Defense Factual Defense Affirmative Defense Common Defenses What Is a ‘Factual Defense’ In Criminal Law? When a criminal defense attorney prepares to defend a client in court, they must decide which defense approach will best...
Domestic Violence Laws in California Domestic violence laws in California make it a crime to cause harm or threaten to harm a current or former spouse, co-parent, co-habitant, or another form of an intimate partner. Sometimes,...
Justice System for Juveniles The first Juvenile Court was established in 1899 when Illinois passed the Juvenile Court Act. This court system was created to divert youth offenders from the crippling effects of adult criminal penalties,...
Drugging Someone for Sexual Intercourse One of the key factors that come up in most sexual offense cases is whether consent was given or not. For any sexual activity committed both parties must be able to...
Harassing or Annoying Harassment is regarded as any behavior, be it physical, written, verbal, or other, that is unwanted and could offend or humiliate another person. With the mainstream popularity of smartphones and other electronic devices,...
Conspiring to Overthrow The Government Sedition has been defined as a conspiracy to engage in an unlawful act, such as treason or insurrection. In other words, if two or more people have plans to take over...
Investigating Arson There are four ways a fire can start in a building: accident action of nature negligence intentional Intentionally and maliciously setting fire to a building is regarded as arson. Arson occurs when a person...
Fair Employment is Key People with criminal records often worry about the effect a criminal record could have on their opportunities in the job industry. Luckily the state of California has strong laws that help ensure...
Impact of Brady Rule The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), pronounced that prosecutors shall disclose materially exculpatory evidence in the government’s possession to the defense. The “Brady material” refers to any evidence the prosecutor...
Can I Be Arrested For Self Defense? California law allows you to claim self-defense when charged with assault on another. This means that an individual is permitted to use a rational amount of force under the...
Loan Fraud Loan fraud is a serious crime that usually results in severe penalties. Unfortunately, a variety of circumstances may lead to a charge of loan fraud, even in situations where there was no intent to...
Procedural Defense Factual Defense Affirmative Defense Common Defenses What Is An ‘Affirmative Defense’ In Criminal Law? It is said in criminal law, that all criminal cases are defensible and all crimes or criminal charges are made...
Undercover Police in California If you ask most individuals this question, chances are, they would probably say yes. A surprisingly large number of people all over the country believe that police are supposed to identify themselves...
Do I Have to Show ID if Asked By Police in California? Simple answer, no! The state of California has no “stop and identify” or “paper please” laws. This means that legally a police officer cannot...
Filing Fraudulent Tax Reports Each year a percentage of the US population is required to file their taxes correctly. However, it is not out of the ordinary for an individual to falsify the information on their...
What Are My Rights When Subpoenaed Before a Grand Jury? Grand jury subpoenas are just one of the tools the prosecution can use to carry out grand jury investigations. When you receive a federal grand jury...
California Date Rape Laws Being charged with a rape offense can be a very terrifying situation. Getting charged with rape crime comes with a lot of damage to different sectors of life, particularly to your reputation....
Hearing Domestic Violence at a Neighbor’s Apartment You’re watching TV relaxing after a long day at work when suddenly you hear shouting and doors slamming. The neighbors are fighting again! What should you do? Do you...
The Different Types of Liars Every human being, at one point or another, has told a lie. Whether it is to protect someone’s feelings or avoid an uncomfortable situation, everyone tells a lie every now and...
Armed vs. Unarmed Both robbery and armed robbery are considered very serious offenses in California. However, one of these will usually entail harsher penalties compared to the other. Both offenses involve illegally taking another person’s property...
2022, The New Normal There was a time when one mass shooting would shock the conscience of much of America. However, those times are long gone. America has grown accustomed to hearing news reports of mass...
The Stigma of Child Abuse Being accused of a violent or sexual offense can be very damaging for various sectors of your life, particularly if the sexual abuse crime you are implicated for involves a child....
The Stigma of a Sex Crime If you have ever been charged with a sex crime, you probably know how severe a sex crime conviction can be. Prosecutors and law enforcement alike put a lot of...
Depp vs. Heard The Johnny Depp vs. Amber Heard defamation trial has captivated audiences around the globe, with live streams of the court proceedings reaching hundreds of millions of people. No matter if you’re on Johnny’s side or...
Does My Criminal Record Appear on Background Checks? The simple answer is yes. Depending on the intensity and how far back the background search goes, your criminal record will most likely appear on it. Let’s dive...
3 Types of Warrants in California If you suspect for one reason or another that you may have an outstanding warrant in California. We highly advise that you confirm whether your suspicions are true or not...
Character Evidence – CA Evidence Code 1101 EC The California Evidence Code sets out the rules of evidence for state courts. The rules of evidence, and evidentiary matters in general, are complicated, and you need an...
Use Scroll Wheel to Zoom into Neghborhoods, Select Colored Areas [ OPEN FULL MAP ] Organized Crime in the City of Angels I. NUMBERS The FBI reports that some 33,000 violent street gangs, motorcycle gangs, and...
Have You Ever Heard of ‘Nonconsensual Insemination’? Until recently the idea of inseminating a woman against their will with a different sperm than they expected was relatively unheard of. However, the 2022 Netflix documentary ‘Our Father’...
California and USA’s Less Than One Percent The American Psychological Association describes Gender Identity as “A person’s deeply‐felt, inherent sense of being a boy, a man, or male; a girl, a woman, or female; or an...
Recognizing the Signs Before It’s Too Late Domestic violence is a problem that can have far-reaching effects on the lives of those involved. It’s important to recognize that domestic violence can include many behaviors besides striking...
Winning a Probation Violation Hearing The great thing about probation is that it allows you to serve your sentence without having to go into custody. However, felony probation sentences have strict conditions such as meeting up...
Ineffective Assistance of Counsel Under the Sixth Amendment, every criminal defendant has the right to an attorney and a fair trial. This means that the defendant has the right to hire a private defense attorney of...
Tahl Waiver Despite what criminal charges an individual is facing, they have certain rights offered to them by the US constitution that need to be protected. However, in certain situations, a defendant may decide to waiver...
California Felony Probation Not all individuals facing criminal charges are going to end up in jail. In some cases, when an accused is convicted, they may be sentenced with probation, which means they can serve all...
Harvey Waiver In some California cases, you may find that the accused is charged with more than one criminal offense. To avoid these charges, a defendant may choose to enter a plea bargain to plead guilty...
Court Ordered Domestic Violence Classes Domestic violence is a very serious offense in California. If convicted for a domestic violence offense in California, you are at risk of facing much more than jail time, probation, and...
First DUI Second DUI Third DUI Fourth DUI What to Expect for Your First California DUI Charge: First DUI Sentence In California, when you are arrested for a first DUI offense, you will have to defend...
After an Arrest, Will I Be Allowed to Remain Free? Getting arrested and accused of a crime is stressful, and scary. Suddenly, your freedom may be at risk, and depending on various factors including the seriousness...
[ Data Source ] Is there a Correlation between Weather and Crime? Did you know that hot weather and crime tend to go hand in hand? After a vast number of studies on this topic, this...
The Reasons Child Trafficking Happens Child trafficking is the transfer and transportation of kidnapped children for slavery, sexual exploitation, adoption, or forced labor. It can be related to the current ongoing slavery. Children are obtained as...
California Abortion Laws In the wake of a recent leaked Supreme Court memo that showed SCOTUS’ vote to overturn abortion laws, California has announced plans to become a sanctuary for women in states that have banned abortion — even proposing...
Appealing Criminal Conviction in California A criminal conviction carries a lot of consequences for you. Finding housing, a job, and even friends can be difficult if you have a criminal record. If you or your attorney...
When a Crime is an Environmental Crime? Environmental crime is the violation of the environment through illegal activities involving wildlife, natural resources, and biodiversity. These activities are life-threatening to everyday life and to the generations to...
When Is Harassment Considered a Crime? Consistency in harassment often leads to criminal offenses on the victims. These offenses are the worst in nature and may leave a permanent mark on the lives of the victim....
A Safe-Haven for ‘Pro-Choice’ California abortion clinics are building new facilities that are closer to transit hubs in preparation to become a so-called “safe haven” for people coming to California for abortion services from states where...
Restraining Orders in California Verbal or physical abuse is considered against the law in California since it is a criminal offense. These criminal offenses could result from abuse or threats between two relatives, married couples, domestic...
Common Crime on College Campuses Everyone needs to be assured of safety wherever they may be included on the college campus. However, attaining 100% safety is quite a challenge, especially in college, where we constantly see...
Ed Gein was found not guilty by reason of insanity and committed to a mental hospital for life. Legal Insanity as a Defense California’s Insanity defense refers to the California law which states that a legally...
False Confession in California A false confession is a crime in California. It is the admission of committing a crime that, in actual sense, you did not commit. Many of these false confessions lead to wrongful...
It’s Never Too Late.. “Is it too late now to say sorry?” If you’ve been accused of or charged with a crime, you may be wondering if displaying remorse for your actions will help you get...
What are Marsden Motions? Marsden motions are legal documents prepared by the defendant and filed under the court. The defendant tries to seek the removal of the court-appointed attorney or people’s public defender. The Marsden motion...
Early Termination of Probation – PC 1203.3 Overview Upon conviction, a judge may order probation in lieu of incarceration depending on the seriousness of the crime, and potential risk to public safety. Under California law, there...
Types of Check Frauds Fraud has increased around the globe contributing to the revenue losses in many organizations. Among the most vulnerable areas for loss in the business is the misappropriation of funds and billing schemes....
An Indictment Highlights The Charges An indictment is an official document containing the charges that a defendant faces. It is a menu highlighting the charges that one is facing and the constitutional rights present for them....
He Who Represents Himself has a Fool for a Client A Faretta motion is a legal file prepared by the criminal defendant in association with the court to allow them to represent themselves during the criminal...
Errors in Justice The justice system is not always in favor of the defendant. The risks of poor presentation from the lawyer increase, especially with the public defenders. They lack resources, experience, skills, and they are...
Appealing a California Criminal Conviction Sometimes we are faced with a criminal conviction that we know nothing about. Some of the criminal convictions we face are due to reasons that could have been previously avoided. This...
Attorney—Client Privilege Protects You Guilt is often determined by a jury or a judge in court. Hence as a suspect, it is wise to choose the best defense attorney that will help establish your case. Criminal...
The Fourth Amendment The fourth amendment of the U.S. Constitution protects citizens from unlawful search and seizure. This means that, in many cases, police or other government officials cannot search your property at their will. Generally,...
What are Rape Shield Laws? California is one of 48 states that have enacted a Rape Shield Law. Primarily designed to protect the rights of complaining witnesses in sexual assault cases, any person accused of a...
What is Federal Corporate Fraud? Federal corporate fraud, or what is commonly referred to as “white-collar crimes,” are serious, and you will need an experienced criminal defense attorney to help you with your defense, whether you...
What is a Grand Jury? Most people have heard of a “grand jury,” but may not fully understand the important role that a grand jury plays in the criminal justice system. The primary purpose of a...
California’s ‘Minorty Report’ Law The ‘red flag law‘ in California is a form of gun control that allows specific individuals to request that a gun be confiscated from a certain person. It is a unique law...
Penal Code 26500 PC Under California law, certain immediate family members can transfer gun ownership to one another without any paperwork, background checks, or official gun dealers involved. This includes transfers between: Parent and adult child...
What Are the Types of False Confessions? Anyone who has been interrogated by the police understands how stressful it can be. Television detectives will lie and coerce suspects to get the desired response. Real-life interrogations aren’t...
The Link Between Early Aggression and Criminal Behavior Several studies have shown that there may be a link between early life aggression and later life crime. As a matter of fact, in some cases, early life...
Use Scroll Wheel to Zoom into Neghborhoods, Select Colored Areas [ OPEN FULL MAP ] Why Do Young People Join Gangs in LA? From ‘Gangter’s Paradise’ to ‘American Gangster,’ the ‘Crip Walk,’ and rap lyric after...
‘Social Host laws’ in California Just because your child may not be of legal drinking age does not mean they are not drinking alcohol. It also does not mean they cannot get pulled over for driving...
Racial Profiling Racial profiling occurs when a person’s race, ethnicity, national origin, or religion is used as a reason to suspect someone of a crime. This practice is discriminatory and, when practiced by law enforcement, leads...
What Is a SCRAM Device in California DUI Sentencing? If you are convicted of a DUI offense in California, there are a variety of penalties a judge can sentence you with depending on the circumstances of...
What Crimes are Associated with Animal Abuse in California? In California, Penal Code 597 PC makes animal abuse illegal, defined as the malicious killing, harming, maiming, or torture of a living animal. 597 PC is a...
Denial of Citizenship People charged with certain crimes may be rendered ineligible for a U.S. visa or excluded from citizenship. Understanding the requirements for a visa can be complicated. If you’ve found yourself being charged with...
The Crime of ‘Stalking’ in Los Angeles California I’ll be a hard-lovin’, pushin’ kind of individual Knockin’ night and day at your door You’ll have to turn me away like an indestructible force Baby, I’m gonna...
Have an Upcoming Federal Court Date? Being arrested is an unsettling and nerve-racking time for anyone. If you’ve never been arrested for a federal crime before, you likely have questions about what to expect from your...
LA’s Biggest Problem In his capacity as co-moderator of the Tuesday, March 22nd Los Angeles Mayoral Candidates’ debate at USC’s Bovard Auditorium, Fox News anchor Elex Michaelson began with: “Polls show that homelessness is the number...
Domestic Violence Comes in Many Forms Although you might think that signs of domestic violence would be blatant, that’s not always the case. Sometimes, small behaviors, patterns, and aggressions that you may shrug off are actually...
Passports and Criminal Records Some legal problems can make obtaining a passport complicated. While a criminal history alone usually won’t impact your ability to get a passport issued or reissued, there are some special legal circumstances...
School Safety Anti-bullying campaigns have become increasingly visible over the last several years, and cases of school bullying turned fatal have dominated the news. The perception of school bullies has shifted, as well. No more are...
Automatism As you’re probably aware, the U.S. Constitution’s Eighth Amendment prohibits cruel and unusual punishment. In Automatism: The Unconsciousness Defense to a Criminal Action, Patricia E. Gould asserts that the “American judicial system must provide for...
So you’ve been charged with a hit and run in California, now what? Step one is to remain calm, not offer up any information about the incident and what led up to it, or answer any...
California Penal Code 459.5 California Penal Code 459.5 defines shoplifting as the act of entering a place of business with the intent of stealing $950 or more in merchandise. Most often, shoplifting is considered a misdemeanor....
California DUI Law Although most first-time DUI offenders receive misdemeanors, it is possible to be charged with a felony for a DUI conviction. First, it’s important to understand the laws surrounding driving under the influence in...
Preparation is the Key Taking the stand can be scary — no matter who you are. But, it’s one of the most important parts of your case, and getting the opportunity to tell your side of...
Step One: Get Out of Jail Not all people convicted of crimes in California are immediately taken away to jail. Sometimes, the judge delays sentencing to give the person convicted of the crime some time to...
Your Own Personal Confidant Attorney—client confidentiality is one of the cornerstones of the American justice system, protecting the privacy of conversations between a client and their attorney. It extends to all areas of the law, from...
Petty Theft and Shoplifting – Overview Most people usually consider petty, and shoplifting to be the same crime, especially considering how similar they are. However, under California criminal law, these two are regarded as, separate offenses....
So You’ve been Arrested. Who do You Call? Your mom Your spouse Your best friend Your cousin’s wife’s ex-boyfriend, who’s an attorney If you guessed 4, you’re right! Now, that may seem like an unlikely choice,...
Internet Crimes Sexting is not an illegal activity. It is also an extremely popular activity. If you are sexting with an adult partner, exchanging arousing photos and engaging in titillating typing, it is not a crime....
Children Tried as Adults You’ve likely heard the term “tried as an adult” while flipping through your local newspaper or news channel. But, what does that mean, and when can juveniles be tried in adult court?...
Criminal Possession of a Counterfeit Document The increased spread of the delta variant all over the country has motivated numerous schools, businesses, and local government institutions to require vaccinations cards to gain access into these establishments....
Don’t Try this at Court What’s one thing you don’t want to do during a court appearance? ANSWER: Piss off the judge. As obvious as that may seem, we see it happen far too often. That’s...
Do Show Respect Going to court can be a very intimidating experience. This is especially true if you have never been to court before. The first time you go to court, you may not know what...
Corporal Punishment in Today’s World In days past, parents would whip out the belt or paddle or even their hand or a kitchen spoon to discipline their children with physical discipline. In today’s world, corporal punishment...
Self-Defense Laws In California, as well as other states, it is considered your right to defend yourself, your property, or another person against impending danger. Sometimes this may involve committing actions that are against the law....
Expectations vs. Reality Most people associate first-time offenders with reduced sentences, lower fines, or being let off the hook entirely. Unfortunately, that is not always the case. In fact, a first-time offense can be the most...
Most Cases Did you know that 95% of the cases tried in the states never make it to trial? Instead the cases are resolved with a plea bargain. Thus, if you are charged with a criminal...
The Duress Defense Under federal law, a defense of duress is allowed in a criminal case if the defendant admits to the crime. The defendant must also be able to prove that the crime was committed...
Always Have an Attorney When facing a criminal charge, we cannot stress how important it is for you to get legal representation. Getting convicted for a criminal offense comes with numerous penalties such as jail time...
Police Officer Conduct: False Reports Under California Penal Code 118.1, a police officer can be charged with misconduct for knowingly and intentionally filing a false report with the agency that employs him or her. The report...
Determining Probable Cause Under California law, law enforcement is required to have probable cause that someone is engaging or has engaged in criminal activity before any stop, search, or arrest is justified. Oftentimes, authorities will stop a...
Taking the Plea Deal Similar to a settlement agreement in a civil lawsuit, the parties in a criminal case (i.e., the prosecution and the defense) can enter into what is known as a “plea bargain” in...
Sexual Health Laws Many states have laws that regulate behavior related to sexual health. When someone knowingly infects another person with a sexually transmitted disease, they may be held legally accountable. The California Health and Safety...
Senate Bill 775 SB amends Senate Bill 1437 SB; Helping to vacate convictions under the Felony Murder Statute that used the Natural and Probable Consequence Theory Senate Bill 1437 How does Senate Bill 1437 help vacate...
Visiting Los Angeles and Arrested for a DUI? If you are visiting Los Angeles and are arrested for a DUI, you probably have many questions. Being arrested in any circumstance is stressful and overwhelming. This is...
A New Trend From Louis Vuitton in San Francisco to a mall in Walnut Creek and a Nordstrom department store in Los Angeles, California is currently seeing a surge in smash and grab robberies. Since November 18, there...
PC 26350 Penal Code 26350 is a law that prohibits a person from openly carrying an unloaded handgun in a public place or in a vehicle. PC 26350(a)(1) reads, in pertinent part, as follows: “A person...
The First Part of the Process A federal criminal investigation is the first of many parts of what is known as the Federal Criminal Process. This first part involves investigating federal crimes, usually conducted by federal...
Was it Premeditated? In many states, including California, the prosecutor must prove a defendant acted with ‘malice aforethought’ in order to be found guilty of murder. There are two types of malice aforethought: Express — A defendant specifically...
DUI Second DUI Third DUI Fourth DUI Can You Get a DUI on an Electric Scooter in California? Suppose that you’re out for a night in Los Angeles with some friends. Perhaps you have a few...
It’s a Total Disregard for Life While there are many categories of murder outlined in criminal law, one you might not be familiar with is “depraved heart murder.” What does depraved heart murder consist of? Killing...
DUI Second DUI Third DUI Fourth DUI Overview Negligent driving in and of itself is a dangerous proposition. Involve alcohol and there is bound to be an unfortunate incident. The tragic injury or loss of life...
Stricter Gun Laws California lawmakers are hoping stricter gun laws will help curb crime in the Golden States. Earlier this month, a federal appeals court in California reinstated the state’s ban on the sale and possession of high-capacity...
A Tale of Rehabilitation In the classic 1939 film, “The Wizard of Oz,” once the Wizard is revealed as “a very good man, just a very bad wizard,” he gives the Scarecrow a diploma (in lieu...
Disparagement / Defamation Using the internet to express dissatisfaction with an individual or business has become an increasingly common practice. Social media posts, online reviews, and video-sharing sites all ensure that online content can reach a...
Legality of Public Sex “Get a room!” is a common retort when two people publicly display their affection. But getting frisky in public is not always a laughing matter. Beyond a certain point, such affectionate flirting...
Everyone Makes Mistakes If you were arrested, detained or involved with the juvenile justice system while under the age of 18 years old, there is more likely than not some sort of criminal record that exists....
Prostitution There are quite a number of massage parlors throughout Los Angeles County. And for the most part, there’s no issue regarding these relaxing establishments. However, we all know of an instance where one of these...
What is the Crime of False Pretenses? Black’s Law defines “False Pretenses” as: “The crime of knowingly obtaining title to another’s personal property by misrepresenting a fact with the intent to defraud.” False Pretense is a...
Fentanyl is Potent Fentanyl is up to 100 times more potent than other opioids, including morphine. Naturally, this makes it a very dangerous drug—especially when it is not used appropriately. Prescriptions for fentanyl can take the...
Ignition Interlock Device Violations in California There are various penalties for driving under the influence in California. The consequences for being pulled over for a DUI offense vary based on age, driving status and blood alcohol...
Murder – Penal Code 187 A question we often see at Esfandi Law Group is, “Can I be charged with murder if I’m involved in a DUI accident?” The answer is yes. In this post, we’ll...
What Defines Murder in California? PC 187 defines first degree murder, second degree murder and third degree murder, aka manslaughter, as follows: “The unlawful killing of a human being, or a fetus, with malice aforethought.” PC...
What is the Age of Consent in California? The legal age of consent is the age at which an individual can legally consent to undertake sexual relations with another. This age limit governs all intimate relations,...
Criminal Background Checks and Sealing Arrest Record We’ve all been there—one of those nights. Perhaps you behaved a little out of character, or maybe it was just a case of being in the wrong place at...
Can I be convicted of a felony in California and not go to jail? Yes. It is possible to avoid jail or prison times after being convicted of a felony in California. Do I have to...
Domestic Violence and Children The COVID-19 pandemic has proved difficult for everyone. It has affected the nation’s health, livelihoods, and even our supply chain. It has also impacted our ability to leave the house and interact...
New California Senate Bill 81 In October, 2021, Gov. Gavin Newsom (D) signed a new bill into law that is designed to limit the charges brought against people who have been previously traumatized or victimized, as...
After a California DUI Arrest There are several legal terms around the nation for driving while suspected of inebriation: driving under the influence (VC 23152), driving while intoxicated or impaired (DWI), impaired driving, or operating under...
Dismissal and Expungement If you are facing criminal charges that can impact your future, you might be wondering how to erase them from your record. Many people do not know the difference between a dismissal and...
Don’t Incriminate Yourself If you are facing criminal charges or an investigation, your social media history can be used to incriminate you. Your posts, comments, images, and video can all be used as evidence against you...
Judge or Prosecutor For many who think of a courtroom, the looming figure inside of it is the judge- sitting as an imposing figure in a black robe elevated above the rest of the players in...
Defining ‘Moral Turpitude’ I asked a friend to tell me what came to mind when he heard the phrase “Crime of Moral Turpitude.” He replied, “An act that violates acceptable moral standards. It describes the vileness...
How Do I Dress for Court? My Arraignment Date is Approaching… How Should I Dress in Court? A question that my clients frequently ask me is how they should dress in Court. Can I come in...
Facing Consequences Facing criminal charges is a daunting scenario as it is, but adding negative immigration consequences on top of an already unbearable situation is unfortunately the reality of our American jurisprudence. For those who are...
California DUI (VC 23152) They say that buzzed driving is drunk driving—and in most cases, the law agrees. In the state of California, any driver with a blood alcohol content of .08% or higher is guilty...
Prop 64 During the November 2016 general election, California voters let the country know how they felt about criminal convictions of the personal use, possession, cultivation or distribution of small amounts of marjiuana: DISMISS THEM ALL....
Cyberstalking in California In the day and age of the Internet, how people are harassed, threatened or stalked has changed dramatically. Technology has done wonders for us, but it has also widened the means and ability...
The Definition of a “Toxic” Partner Dr. Lillian Glass is credited with coining the term “toxic relationship.” In her 1995 bestselling book, Toxic People, Glass explains that: “A toxic person is someone who seeks to destroy...
2021 Seppi Esfandi Law Scholarship Recipients Recipient #1: Thao “Annie” Le Selected by Scholarship Committee: $1,000 Law School: University of San Francisco School of Law Essay #1: Thao “Annie” Le’s Essay Recipient #2: Peyten Sharp Selected by...
Know What’s at Stake Immigration Law in the United States is currently governed by the Immigration and Nationality Act (INA) of 1965. Informally known as the Hart-Cellar Act, the Immigration and Nationality Act is a federal...
National Domestic Violence Awareness Month It’s been a hundred years since wife-beating was made illegal in the United States. Nevertheless, if you’ve seen the classic TV comedy, “The Honeymooners,” (1955-1956), you’ve probably seen fabulously fuming New...
2021 Seppi Esfandi Law Scholarships UPDATE We’ve received all the scholarships and have narrowed it down to 5. Thanks for your patience students, we expect the 2 winners to be announced before Monday October 4th! Best...
California Laws Allow it Attempted DUI is not possible I hear you saying.. Well, under California law it is. California Penal Code Section 21A is considered California’s catch-all attempted crime statute. The provision itself states: “[a]n...
It’s More Common than You Think It’s possible, even highly likely, that you or someone you know has been subjected to an unreasonable search and seizure. Both federal and California laws are supposed to protect you...
Don’t Panic, Call a Pro So, you’ve been arrested for DUI. Now what? The first step to protecting yourself is arming yourself with a skilled and experienced DUI attorney. A DUI attorney is well-versed in California...
Why does an Administrative Per Se Hearing Matter? When a driver is suspected of driving under the influence (DUI), the California Department of Motor Vehicles (DMV) has the discretion to bring an action to revoke the...
California Corporal Injury PC 273.5 Domestic violence is serious, and anyone who harms another innocent person physically through unprovoked assault should face penalties. However, sometimes these alleged domestic violence cases, which involve a partner accusing the...
Felony DUI in California A felony DUI is “a driving-while-intoxicated charge prosecutable as a felony because of an aggravating circumstance, esp. if a minor under a specified age (often 15 or below) was a passenger, the...
The Polymer80 So-called “ghost guns” are becoming a weapon of choice among criminals in Los Angeles. Now, Los Angeles City Attorney Mike Feuer is stepping in and filing a lawsuit on behalf of Los Angeles against...
Yes, for Certain Felony DUIs One of the first questions we hear from serious felony DUI offenders — especially those who have prior DUI convictions is: “Will my license be permanently revoked?” The thought of never...
Evidence Code Section 1200 Hearsay is generally inadmissible in legal proceedings, as hearsay statements are considered to be too unreliable to prove the truth of the matter stated. The rules of evidence in California are governed...
Good Questions to Ask a Criminal Defense Attorney: 1. What information do you need from me? When seeking to move forward with a criminal defense attorney, you want to know what types of information and documentation...
When should I hire a criminal defense attorney? Facing criminal charges is not something anyone hopes to have to deal with. However, hiring the right attorney at the right time is imperative to a successful outcome...
What Makes a Good Criminal Defense Attorney? While we as individuals face certain daily situations that are stressful, uncertain, and traumatic, one of the most worrying and scary situations someone can face is being charged with...
DUI Second DUI Third DUI Fourth DUI So You got Your Fourth DUI… This article is part of a series on DUI charges. In California, DUIs are seen up to repeat offenses up to the fourth...
DUI Second DUI Third DUI Fourth DUI Multiple DUIs: Third DUI Have you had multiple DUI convictions before? If so, then take caution. DUIs in CA are counted as priorable offenses. That is, repeat punishments come...
DUI Second DUI Third DUI Fourth DUI Second DUI? Time for an Attorney In Los Angeles California, judges and prosecutors take DUI convictions seriously. Getting convicted with a DUI the first time is a serious issue....
Residential and Commercial Burglary? This is a common question that comes up in burglary charges (Penal Code Section 459). The short answer is that a residential burglary is known as first degree burglary, and is much...
DUI and ‘Own Recognizance’ Violations in Los Angeles There are many circumstances that require legal representation. If you have been charged with driving while under the influence (DUI) in Los Angeles. You should retain a lawyer...
So, You Need an Attorney… The question comes up frequently when a defendant or defendant’s loved one is searching for an attorney to defend against the charges. It’s cheaper to hire an attorney for the preliminary...
Stakes are Raised Although being charged with driving under the influence is a frightening experience in its own right, drivers who are already on probation for prior DUI offenses or other crimes face even steeper penalties...
Blood or Breath Test If the police stop you in California under suspicion of driving under the influence of alcohol (DUI), you’ll be given a choice to have either a blood or breath test for blood...
California is an ‘Implied Consent’ State In California, drivers who are arrested for DUI are typically given the choice between a breath or blood test. Since California is an “implied consent” state, any driver who refuses...
Contracting in California without a License Running a contracting business? If so, having a contractor’s license is necessary. If it expires (or worse, you lack one), you can be convicted for a misdemeanor. Below, we’ll discuss...
Hate Crimes in Los Angeles Los Angeles sees a wide range of crimes each year, from theft to kidnapping. In the first half of 2021, Los Angeles has seen a considerable increase in hate crimes. As...
Know Your Rights in Court As a defendant, you should always be aware of your rights in court. Knowing when to leverage your rights helps in many circumstances. It leads to lower sentences, dropped charges, etc....
Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Stage 6: Sentencing Sentencing in General The Sentencing Hearing is, essentially, the last phase in a criminal proceeding. Once a criminal defendant is either found guilty by a...
How to Defend Against Aiding and Abetting Charges Aiding and abetting is more than a phrase used on TV. California prosecutors can charge accomplices to a crime with aiding and abetting even if the accomplice did...
Senate Bill 300 – Reforming the Penalties for Murder Senate Bill 300 was originally introduced by Senator Dave Cortese. Proposed in February 2021, it’s slated to go into effect this year, and it comes with some...
SB 384- Stop The Registration & Get off Megan’s List! Effective January 1, 2021, a new three-tier sexual registration has been implemented in California. This means what used to be a lifetime sexual registration requirement may...
You’ve Been Drinking and You are Stopped Of all the crimes that the majority of people who have had no contact with the criminal justice system are likely to face, DUI or Driving Under the Influence...
Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Stage 5: The Jury Trial Every criminal defendant in California has a right to a speedy trial. After the arraignment, the Defendant must be given a trial during...
The Consequences of a Felony Conviction Have you or a loved one been arrested? Are you worried that they may be charged with a felony? If so, keep reading. Below, we’ll discuss what a felony is,...
The Consequences of a Criminal Conviction Have you been arrested and charged for a crime? Or maybe someone close to you has? If so, you need an idea on the consequences of those crimes. That is,...
Comparison of Crypto-related crimes in 2019 and 2020: New investment methods create hype among investors. This hype is a keyhole for hackers, who have now come into the light along with their schemes using cryptocurrency as...
Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Stage 3: The Pre-Trial PreTrial Conference- Prelim Setting After an arraignment, the next phase in a criminal proceeding— assuming that, in a felony case, the right to a...
Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Stage 4: The Preliminary Hearing For felony cases, the next stage after arraignment and possibly pre-trial, is the preliminary hearing, also commonly known as a “prelim.” If the...
Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Stage 2: Arraignment First Court Date: The first court date after an arrest is called an Arraignment. After an arrest, a defendant who is in custody must be...
Exchanging the Evidence The process of discovery is the process by which the parties in a criminal case get to obtain information from each other. Naturally, if you’re being arraigned before a federal court, as a...
Can You Terminate Your Sex Offender Status? Yes you can! Just 5 months ago, California changed its sex offender legislation. And that’s positive news for everyone. You see, California’s sex offender legislation has been around for...
A Surprise Announcement from California On April 30th, California made the surprise announcement that it would increase early release credits for approximately 76,000 current inmates, include those convicted for violent offenses and for multiple felonies. Historically,...
Is it Possible to be Removed from the Sex Offender List? Absolutely Yes! The new Senate Bill 384 applies to the state of California. Effective since January 1st 2021, it changes how sex offenders are categorized....
Psychedelics in a New Light For many years, psychedelics were considered to be harmful drugs, but lately they’ve been used to treat mental health problems like depression with great success. Federally psychedelics are prohibited, however in...
In Jail with No Bail? Not Anymore According to the American Bar Association, about half a million people are currently in jail because they can’t afford to pay for their bail while they wait for their...
1. What is AB 3234? AB 3234- Get out of Jail for free. Get your Misdemeanor Case Dismissed Under this new Misdemeanor Diversion Law of 2021. AB 3234 originated from a pilot program in Los Angeles...
How Can AB 1950 Help You? After a person is convicted of a crime, whether by plea or verdict, there is a sentencing whereby the Judge can grant a term of “probation” in lieu of jail...
Can a Bad Breakup or Divorce Lead to Criminal Charges? We all know that breakups can get ugly. But what about breakups that get so nasty they lead to criminal charges? In these instances, the crime...
Winning in Court for Domestic Violence in LA A conviction for domestic violence can have serious consequences to your family life, your work life, your reputation and your ability to possess or own guns. In terms...
Were You Served with a Protective Order? When a person is charged with domestic violence, corporal injury to another (PC 273.5) or domestic battery (PC 243(e)(1)) they are required to be personally present at the first...
Help is On the Way Domestic violence is a serious issue that faces our world today. It is also an issue that is confusing to understand. What counts as domestic abuse in a court hearing? When...
What if the Victim Doesn’t Want to Testify? Allegations of sexual assault and sexual molestation (PC 243.4) are hot beds of intense emotions that create the perfect conditions for a violent explosion of anger where cooler...
Understanding California Domestic Violence Laws (PC 273.5) Under California Penal Code 273.5 PC, it is illegal to inflict corporal injury on a former spouse, co-parent, cohabitant, or dating partner. Corporal injury is any physical injury— no...
How to Go About Expunging a DUI from Your Record in California Expunging a DUI offers benefits for those with this previous conviction on their records. When you expunge the DUI, you do not erase it...
You Don’t Want this Charge Assault with a deadly weapon (PC 245) is a consequential and serious charge with potentially life-altering effects. In California, assault with a deadly weapon is a “wobbler”, meaning it can be...
Military Diversion for California Veterans Studies show that as much as 30% of veterans experience Post Traumatic Stress Disorder (PTSD). The courts have recognized a link between the symptoms of PTSD, including disassociation, flashbacks, sleep disturbance,...
The Increase of Domestic Violence Due to the Pandemic The pandemic turned the lives of many people upside-down. As the coronavirus swept through the nation, even individuals who did not directly suffer from symptoms of the...
Beating a DUI with an Independent Blood Test If you have recently been arrested for DUI, you likely know that you stand to lose a lot more than thousands of dollars if you are convicted of...
Common Offenses related to ‘Domestic Violence’ in California When you think of domestic violence, you likely think of punches, kicks, and other blatant acts of violence. But, there are some things that the courts in California...
2021 Seppi Esfandi Law Scholarships School is difficult enough without having to worry about finances, that’s why we’ve created a fairly simple scholarship opportunity for all US law students. This year we are splitting the $2000...
Hate Crime in California: Defined as a Bias The main purpose of hate crime laws in California, as incorporated under various California Penal Code sections, is to deter threats, violence and other violations, including civil rights...
This is The Road to Recovery In Getting a Certificate of Rehabilitation, expungement is not an option for many Californians who are convicted of felonies, including sex crime convictions. But, the good news is that there...
Sealing Your Arrest Record In Sealing Your Arrest Record subject, All across the state of California, over one million people are arrested annually. While many of these cases lead to prosecution and sometimes conviction, a significant...
George Gascón is a Welcomed Change When George Gascón announced his campaign for LA’s New District Attorney, he promised “a safer, more humane, more effective and far less expensive criminal justice system.” Some critics dismiss him...
How Criminal Charges Impact a Teacher in California Teachers are expected to be upstanding citizens. After all, they are responsible for molding the minds of society’s next generation. To ensure that only the best, most trustworthy...
Increased Security and Your Rights Since 9/11, security has increased in all US airports, but criminal charges at the airport in LA(LAX) can be particularly frustrating due to the high volume of people and more intense...
The Difference Between Felonies, Misdemeanors & Infractions Criminal offenses in California are classified according to their seriousness. They are categorized into 3 different types: Infractions Misdemeanors Felonies What’s the Difference? For crimes against property: the gravity...
Will ICE be Alerted about Getting a DUI Charge as an Undocumented Immigrant? Short answer for getting a DUI charge as an undocumented immigrant: It’s Probable. Here’s how: The arresting officer or agency may alert ICE...
Emotional Intelligence Prevails What if I am Falsely Accused of a Crime? Remain calm. Don’t lose your cool. After all, you’re innocent. Cool heads will prevail, and reasonable people will work things out. Why False Accusations...
Road Rage is Deadly What Crimes are Associated with ‘Road Rage’? Road rage often boils down to an accident or some kind of confrontation between drivers. These confrontations have a tendency to turn violent. For example,...
What is Forensic Evidence and the “CSI Effect”? Categories of Forensic Evidence and “CSI Effect”: A criminal defender can be confronted with many different types of evidence when defending a case: Evidence from people: police report,...
Money Buys Happiness Comfort In California, the ‘cost of comfort’ doesn’t only apply to the free world, it also applies to jail. From $0 to $250 per day, inmates who do not want to expose themselves...
Adversarial Justice System What is the Role of the Prosecution in a Criminal Case? The United States has what is known as an “adversarial judicial system” – in other words, criminal cases are contests between two...
‘Motion to Suppress’ Weakens the Prosecution’s Case You are innocent until proven guilty in a ‘Motion to Suppress’ evidence criminal case, even if you know you are guilty. A motion to suppress evidence is a request...
The Police Knock on Your Door One of the most frequent questions we get is: “Do I have to let cops in my house if they knock on my door and tell me they need to...
What crimes are “Deportable Crimes in California”? When it comes to deporting an immigrant out of the United States, U.S. Immigration and Customs Enforcement (ICE) authorities are guided first and foremost by security concerns. So, what...
What Are The Steps in A Criminal Case? Arrest Arraignment Pre-trial Prelim. Hearing Trial Sentencing Post Criminal Cases in the State of California all follow the same basic procedures. It’s important to know these 7 crucial...
What is the Discovery Process in a Criminal Case? Discovery is the process by which evidence is exchanged between the criminal defense attorney and the prosecution prior to court or trial. The exchange of evidence is...
Federal Law Can I Own a Gun if I’m a Marijuana User? When purchasing a gun, you are required to fill out Federal “Firearms Transactions Record” Form (ATF Form 4473), where question 11e specifically inquires about...
Will a California DUI Impact My Life in the Long Term? California DUI Impact to people Life in the Long Term is a very serious offense. It is not something that will result in a slap...
Nationwide Driving on Drugs: DUID Fatalities Surge For the first time in Driving on Drugs: DUID Fatalities Surge, there are now more drivers killed that are positive for drugs than those who were positive for alcohol....
Below we will discuss a few popular defense strategies for winning a California DUI case (California DUI Types, VC 23152). Please bear in mind that every DUI case is unique regarding the circumstances, and should be...
Above, the 15 most dangerous LA areas are in red. All of the most violent neighborhoods in LA County are just to the east of Inglewood. Inglewood itself however, is not represented due to lack of...
The Purpose of California Juvenile Court In one of the landmark US Supreme Court criminal cases in the areas of California juvenile court delinquency, Kent v US 383 US 541 (1966), the Court described the states’...
Don’t Panic Being Arrested for Solicitation of Prostitution is embarrassing. That’s why you need to be represented by an attorney that has the legal experience to get a charge of solicitation dismissed or reduced and protect...
Wet and Reckless What is a “Wet Reckless” Plea Bargain? “Vehicle Code 23103.5 – If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in...
What is Case Dismissed with Penal Code 1381 PC Demand? A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days...
What Determines Restitution in a Federal Criminal Cryptocurrency Case? Restitution means different things depending on the type of proceeding in which it is being considered. For our purposes here, we will be discussing restitution as it...
Intent is Everything Can I Be Charged With Auto Theft for a Rental Car? A key element of an auto theft crime is what an offender intends to do with the vehicle after taking it. Typically,...
Why is Mental Health Diversion Important? The arena of mental health diversion, and its slow acceptance rate with the criminal justice system, has come a long way in the State of California since the days of...
Civil Compromise in California In California Winning a Criminal Case with a Civil Compromise subject, you can get your misdemeanor dismissed through a remedy called a Civil Compromise, pursuant to Penal Code Sections 1377, 1378, and...
What Qualifies as Possession with Intent to Distribute Methamphetamines? California Health and Safety Code §11378 states that it is illegal in the state of California to Possession with Intent to Distribute Methamphetamines them. This violation is...
Disciplinary Consequences Will a DUI Affect my Professional or Medical License? We all know that failure to take care of a DUI properly, and a subsequent DUI conviction may result in your driver’s license being suspended....
California Penal Code 647(b): Solicitation of Prostitution How Does a Conviction Under Prostitution affect a U-Visa Applicant? California Penal Code § 647(b) is a misdemeanor offense that applies to both sex workers and their prospective customers. As noted...
Police Misconduct The stakes can be high for Victim of an unlawful police stop — why and how the law enforcement officer stops you, and how the officer discovers something during the stop, is every bit...
One in Four Americans Can an Employer ask for My Criminal Record in California? If you are one of the four Americans with a criminal record, you may run into obstacles in your job search. Surveys...
CA Code of Civil Procedure § 1219(b) What if I Refuse to Testify in a Domestic Violence Case? Despite technically falling under the umbrella of “civil procedure”, California’s Code of Civil Procedure § 1219 actually relates...
Have you been arrested for Drunk in Public? Here are 10 things to know about drunk in public: 1. You are Not Guilty of Drunk in Public PC 647(f) You are not guilty of PC 647(f)...
Criminal Background Checks and Sealing Arrest Record Every single time you are arrested in California, there is a permanent criminal record of the arrest that can be viewed by employers, landlords, banks, schools or anyone else...
Social Media Posts Affect and Criminal Law Can Social Media Posts affect My Criminal Case? Taking caution in the “URL” (unreal life) of the internet is no less important than the “IRL” (in real life) world....
What is The Importance of Early Intervention? “Early intervention” refers to the window of time between a defendant being arrested and their charges being filed, usually at their arraignment. A well-connected, seasoned criminal defense attorney can...
Here at Esfandi Law we get lots of questions about What Happens at a California Arraignment process?, so we decided to answer the most frequent ones in this article. What Happens at a California Arraignment? Many...
Reminder to Graduates Please Don’t Drink and Drive In Reminder to Graduates Please Don’t Drink and Drive subject, Car crashes remain the leading cause of death for teens. Graduation is a time for celebration, but this...
How does a DUI Plea Bargain Work in California How does a DUI Plea Bargain Work? Negotiating DUI plea bargains are very common practice in the area of criminal law, from both the defense and prosecution...
Facing Case Study: Alleged Sexual Battery with Prison Due to Case Study: Alleged Sexual Battery PC 243.4(a), Yesterday I went to a preliminary hearing on a count of PC 243.4(a)- Sexual Battery by Restraint. This code...
Case Dismissed Did the Police Violate Title 17 Regulations? Any violation of “Title 17” in the California Code of Regulations can be your ticket to dismissal of your DUI charge. The regulations in Title 17 can...
Criminal Defense Attorney Fees: The Good and The Bad In Criminal Defense Attorney Fees subject, After being arrested, you may find yourself going through the arduous task of hiring a criminal defense attorney. After contacting several,...
The Self-Driving Revolution Can Autopilot be a Defense to DUI? The dominance of autopilot vehicles on the roads is just around the corner, because nearly all large automakers are announcing a mass production of robotic cars...
What is “Intent” in Criminal Law in California? California intent in criminal law code section 250 states that there must be a union of act and intent, forming what is called “general intent” in order to...
More Criminal Defenses to Criminal Offenses More Common Criminal Defenses subject is the second part of “common legal defenses”. To see the first part, visit: PART 1: “COMMON CRIMINAL DEFENSES” Every case is unique with several...
Procedural Defense Factual Defense Affirmative Defense Common Defenses Common Criminal Defenses To Criminal Offenses The following are some of the more common legal defenses that may be applicable to your criminal charges. It’s always best to...
Boating Under the Influence in California A lot of people are unaware that boating under the influence in California is a crime and can lead to serious consequences. The California Harbors and Navigation Code Section 655...
Flying Under the Influence in California Pilots who fly any commercial or private aircraft under the influence of alcohol or drugs can be charged with flying under the influence in California (FUI). Flying under the influence...
Driving on Drugs What is a Drug Recognition Expert? In most cases, people perceive the phrase driving under the influence DUI (California DUI Types, VC 23152) only as driving under the influence of alcohol and deterioration...
What are Ignition Interlock Devices? An Ignition Interlock Devices for a DUI (or IID) is essentially a breathalyzer for your vehicle that prevents your car from being started if you have a Blood Alcohol Concentration (BAC)...
Petty Theft Petty theft is a misdemeanor in California that occurs when one steals an item from another person, and the value of the item(s) stolen is $950 or less. It is considered a serious crime,...
Why Alternative Prosecution Programs? For alternative prosecution programs, isolation from society is not always necessary and an adequate condition for achieving the objectives of criminal policy and the purposes of punishment. Often, former prisoners experience relapses....
What is Victim Restitution Laws in California? Due to Victim Restitution Laws in California subject, probation, jail, prison and/or fines are all commonly known penalties for being convicted of a crime. However, in addition to these,...
California Bomb Threats and False Bomb Threats Penal Code 148.1 Bomb threat reporting is actually governed by the California Penal Code, because there are so many false reports each year that the legislature has determined it...
Artificial Intelligence or Robot Lawyers in The Future of Defense Law Robot Lawyers: The Future of Defense? The first artificial intelligence attorney was hired by a bankruptcy law firm in 2016. The software is called ROSS...
The Current Legal Status of Marijuana Are You Being Targeted for Being From a Marijuana-Friendly State? Most states that have come to their senses about marijuana have already enacted or initiated sane laws to legalize the...
Guilty, Beyond a Reasonable Doubt A prosecutor should prove that the defendant is guilty of the crime for which he or she has been accused “beyond a reasonable doubt”. This means that the proposition, scenario, or...
What is Solitary Confinement in California Jail? Solitary Confinement in California Jail is essentially a punishment one may receive beyond a normal prison sentence. When you are placed in solitary confinement, the whole idea is that...
The Criminal Justice Process In Talking to the District Attorney as a Witness subject, When someone is arrested, they may or may not ultimately have charges filed against them. This means someone can be arrested for...
What is a Hate Crime in the USA? A hate crime in the USA is on the rise is defined as a violent crime, motivated by hatred of someone else’s race, color, national origin, religious beliefs,...
Privacy in Today’s Climate Don’t Allow the Police to Access Your Smartphone, it’s 2021, and your smartphone is your life. Most of us cannot part with our phones for more than a moment from the time...
Arrested for Being Drunk in a Parked Car? Can a Person Get a DUI for Drinking in a Parked Car? Sometimes we run across cases where a driver was arrested for a DUI, yet they were...
Homeless Crisis and Arrests of Homeless Increase in Los Angeles Arrests of Homeless Increase in Los Angeles, the cost of rent in Los Angeles County has increased a whopping 30 percent over the last 15 years,...
The Fourth Amendment in the Relation to the Police Search Phone or Computer Drive Can the Police Search My Phone or Computer Drive? Unreasonable police searches and seizures are illegal in the United States thanks to...
How do the Police Enforce Reporting a Violation of a Restraining Order? How do the Police Enforce a Restraining Order? Alleged victims are told to report violations of restraining orders immediately. If the person that got...
The Stigma of Domestic Violence Charge On the Recovering from a Domestic Violence Charge subject, have you harmed your loved one, and now you’ve been accused of committing domestic violence? Jail may not be the worst...
Sex Crimes charge with Possible Life Sentences Due to the Sex Crimes with Possible Life Sentences subject, in California, it is quite commonly understood that a criminal gets three strikes before being sentenced to life, in...
What happens if I plead “Guilty”? Essentially, you are giving up your constitutional rights by pleading “guilty”. The right to a fair jury trial. The right to testify on your own defense, or to remain silent....
Mental Health and Criminal Law According to the United States Justice Department, over 16% of the inmates in U.S. jails have not a mental health and don’t know about criminal law. The profile of individuals with...
Protecting Your Rights: Things to Remember During a DUI Arrest 8 Important Points for Protecting Your Rights: 1. Be Polite Let’s face it, the police have power over you when they pull you over. There is...
What is the Crime of Forcible Sexual Penetration with a Foreign Object – PC- 289? The crime of Forcible Sexual Penetration with a foreign object is very similar to the crime of Rape under PC 261–...
What is the Crime of Sexual Battery PC- 243.4? Questions Answered About Sexual Battery: The crime of sexual battery is a wobbler- which means it can be charged as either a felony or a misdemeanor depending...
Lie Detector Test, aka Polygraph Test Defendants who have been accused of serious offenses often inquire about whether taking lie detector tests may help their case. Experts disagree on how effective lie detector tests are. However,...
Marijuana is Now Legal How to Remove a Marijuana Conviction, You’ve probably already heard about the legalization of marijuana in California which joined to Alaska, Colorado, DC, Nevada, Oregon, and Washington as the sixth state to...
Seven Billion Dollar Industry What are the Laws for Recreational Marijuana in California? California will soon become the world’s largest legal marijuana market with an estimated value of over $7 billion dollars. Now that the law...
Deaths by Unjustified Police Shootings Epidemic: Unjustified Police Shootings, in 2017, 987 humans have been shot and killed by police in the US. That’s 24 more fatal shootings than in 2016, and 8 less than 2015....
Innocent Until Proven Guilty? Considering that Inmates Should Not be Shackled in Court, In the United States, a person accused of a crime can be held in jail before all of their court appearances to ensure...
Impaired Driving with DUI and Alcohol What Constitutes as ‘Impaired Driving’ in California? California Vehicle Code 23152(b) makes it illegal to drive with a BAC of 0.08% or higher. Also, California won’t tolerate any amount of...
What is an “Accessory”? Accessory to a crime after the fact means that you helped somebody after that person committed a felony with the intention that they escape punishment. It is a less serious charge than...
Crimes Over the Internet The term “cybercrime” often evokes an image of someone in a foreign country hacking a major government agency when, in reality, cybercrime in California covers a wide range of conduct. This is...
Multiple DUIs Prosecutors and judges are often very concerned when defendants commit multiple open DUIs or old DUI convictions for offenses and defendants in this situation can face lengthy sentences if convicted. A skilled DUI lawyer...
Eyewitness Testimony Why Eyewitness Testimony is not Always Accurate? When law enforcement officers in Los Angeles and throughout California, are looking to solve a crime, they often rely heavily on statements from eyewitnesses. Such testimony has...
Crime Rises as Crypto Rises According to the subject of Crypto & Crime on the Blockchain, and also as cryptocurrencies grow in popularity, so will the number of crimes that revolve around the technology. Just like...
Protect Your Future Self When You Wrongfully Arrested Wrongfully Arrested: Having a “criminal record” doesn’t always mean that you have been convicted of a crime. Employers are permitted to protect themselves by asking potential employees whether...
Flying a Drone Laws in California What Are Flying a Drone Laws in California? If you are a drone owner living in the state of California, it’s very important that you know and understands all of...
The Right to a ‘Speedy Trial’ Serna Motion United States Sixth Amendment for ‘Speedy Trial’ Serna Motion The Sixth Amendment to the U.S. Constitution guarantees the right to a speedy trial for all criminal cases (it...
What is a Preliminary Hearing? The Preliminary Hearing, or ‘prelim’, is held after the defendant pleads not guilty at the arraignment or initial appearance. You can think of it as a “trial before the trial” where...
Early Termination of Probation Under California Penal Code 1203.3, a defendant can petition the court for early termination of probation. If granted, the defendant’s conviction can usually be expunged at the same time. A judge will...
You Have the Right to Remain Silent All over the state of California, prisons and jail cells are filled with innocent people wrongly convicted of crimes they did not commit, and many of them will spend...
The Importance of a Defense Attorney The Importance of a Defense Attorney in a Criminal Case, defendants have civil rights to ensure they are given an opportunity to argue their side of the case. Safeguards, however,...
Interpreting the Law The role of the Judge in a Criminal Case has several duties. They interpret the laws, assess any evidence presented, and oversee how hearings and trials unfold in the criminal courtroom. But perhaps...
The War on Drugs Continues Despite plenty of strong evidence proving that the “War on Drugs” is a complete and utter failure, according to the FBI’s new Uniform Crime Report, more than 1.57 million arrests for...
Accidental Shoplifting in California Accidental Shoplifting: Is There Such a Thing? It often seems like a minor crime – just a two dollar candy bar or something small can’t hurt that much, right? However, shoplifting tends...
The Defendant Must be Competent What is Competency to Stand Trial? A person cannot be tried or adjudged to punishment while that person is mentally incompetent. With ‘Competency to Stand Trial’, a defendant is mentally incompetent...
2017 Seppi Esfandi Law Scholarship Recipients Recipient: Misty D. Gaubatz Selected by Scholarship Committee: $1,050 Law School: University of Montana Thanks to Misty for her excellent and compelling essay on Domestic Violence. She has given us permission...
The Burden of Proof and Direct vs Circumstantial Evidence The Burden of Proof and The Difference Between Direct vs Circumstantial Evidence, in Criminal Law, the ‘People’ represented by the District Attorney must prove a defendant’s guilt...
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key
