California Penal Code 647.6 PC makes it a crime to annoy or molest a child under 18 years old while motivated by an abnormal sexual interest of the minor. This statute is commonly known as “child molestation.” The meaning or annoying or molesting is to become engaged in conduct that...
California Penal Code 148(a) PC describes the crime of resisting or obstructing a police officer who is performing their lawful duty, which is known as “resisting arrest.” The statute also includes emergency medical professionals in the statutory language. When most...
California Penal Code 136.1 PC describes the crime of dissuading or intimidating a witness or victim, which can be filed as either a misdemeanor or felony crime. This statute is often called “witness tampering.” Witness intimidation charges can be filed against someone for different types...
New Law in California Allows a Judge to Grant Diversion for Most Misdemeanor Cases Under Assembly Bill 3234. The state of California has significantly expanded an opportunity for diversion in most misdemeanor cases after Assembly Bill 3234 took effect on January 1, 2021. AB 3234 allows a defendant...
Probation has been reformed and changed in California and Assembly Bill 1950 provides substantial benefits to probationers in criminal cases. AB 1950 took effect January 1, 2021 and shortens the amount of probation time. Specifically, Assembly Bill 1950 shortens the length of probation in most m...
Sexting is normally described as exchanging sexually explicit pictures using a mobile device, but also includes stalking and harassment. When one of the people involved in the sexting is a minor, then it could lead to criminal charges. The crime of sexting involves sharing sexually explicit picture...
Review of a Serna Motion in California to Dismiss Criminal Charges for Lack of Speedy Prosecution A Serna motion can be filed for lack of a speedy trial to ask judge to dismiss charges. In California, a “Serna motion” (known as speedy trial motions) is a legal motion to dismiss misdemeanor or fe...
In the state of California, domestic violence is one of the most common prosecuted crimes under various criminal law provisions. Its general definition is an attempt or threat to use physical force against an intimate partner. In Los Angeles criminal courts, domestic violence allegations are taking...
California Penal Code 186.22 PC, gang enhancement laws, says that anyone who willfully participates in gang activities or joins other members while carrying out a crime could be face additional prison time if convicted. PC 186.22 state that anyone who participates in a gang can face an enhanced ...
After someone is arrested by police, one of their first thoughts is whether they will be able to post bail in order to get released from custody as quickly as possible. When someone is arrested for a California state crime, they are normally allowed to post a cash bond, which is most often achiev...
Extradition is a process where a fugitive from justice is brought back from another state or country into California. It's a very common occurrence for a defendant in a criminal case in one jurisdiction to be arrested by law enforcement in another jurisdiction because: they fled to avoid gett...
There are different levels of crimes in the state of California, including an infraction, misdemeanor and a felony, which is the most serious crime. This article will review misdemeanor crimes and how criminal courts and prosecutors handle these types of cases. A California misdemeanor is a crim...
Felony crimes in California are described as any offense that can result in a maximum sentence of over one year in jail. In California, any criminal offense that can result in a maximum sentence of more than one year is considered a felony crime. Also, anyone convicted of a felony crime in Calif...
New Polices Offer Potential Resentencing Of Defendants Who Accepted a Plea Deal with LA District Attorneys' Office Based on new polices announced by the LA County District Attorney, many defendants are now eligible for a reduced sentence. The new Los Angeles District Attorney George Gascon has a...
In the context of fighting a domestic violence charge in California, the “best defense” means a strategy most likely to result in a favorable plea agreement from the prosecutor or an acquittal at trial. If you are fighting a domestic violence charge in Los Angeles, you need a defense lawyer who ...
If you decide to resist police while they are in the performance of their lawful duties, it will make a bad situation much worse. The crime of resisting arrest in California is defined under Penal Code 148 PC. In California, the most common charge related to resisting arrest is Penal Code Sectio...
One aspect that is unique to domestic violence cases in Los Angeles is the court issuing a criminal protective order against a defendant. If you were charged or convicted of a domestic violence related crime, then you will normally be subjected to a protective order that will prohibit contacting ...
If you have an active warrant in California, it might be possible to clear the warrant without having to spend time in jail. If you have an active California bench or arrest warrant, you might have the option of getting the warrant recalled without having to make a court appearance, post a bail,...
The criminal justice system in California normally requires an arrestee to post bail with the court in order to get released from custody. The primary purpose of requiring bail is to make sure the defendant will appear for their court appearances. How and when a defendant can post bail after get...
Our Los Angeles criminal defense law firm is frequently asked by defendants whether they should accept a plea bargain that was offered by the prosecutor. The correct response to this question is that it's rarely a simple answer because it will always depend on a wide range of different factors. ...
In simple terms, a subpoena is a demand for someone to provide testimony in court. A prosecutor and criminal defense lawyer can issue a subpoena to someone to give testimony or demand they bring documents or some other type of evidence to court. Clara Shortridge Foltz Criminal Justice Center – 2...
Prescription drug addiction is a major issue in California and a lot of drug addicts will do almost anything to get their prescription pills. It's not uncommon for some to make a counterfeit prescription pad in an attempt to trick a pharmacist to fill a prescription for their controlled substance...
If you are convicted of a misdemeanor or felony offense and the victim of your crime sustained some form of loss, the court will generally order you to pay restitution to the victim to recover those losses. Paying victim restitution will be a condition on your probation. Victim restitution is des...
Most people who have been accused of a domestic related crime have many questions about potential penalties they will face if convicted. Under California law, there are many types of charges related to domestic violence and subsequent penalties. Most cases are filed as a misdemeanor crimes and th...
Getting charged with a domestic violence related crime doesn't always involve the use of physical force. Under California Penal Code 422, it's a crime to make criminal threats against a victim and these frequently include a spouse, cohabitant, family member, or co-parent. Penal Code 422 prohibits...
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