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California Health and Safety Code 11366.8 HS makes it a serious crime to conceal controlled substances in a false compartment. This 'wobbler' offense can be filed as a misdemeanor or felony and carries a significant penalty of up to three years in jail. A false compartment, as defined by California Health and Safety Code...

DUI sobriety checkpoints in California are roadblocks that allow law enforcement officers to visually inspect drivers to determine whether they are potentially driving under the influence (DUI). Typically, when police set up a DUI checkpoint, it creates new traffic patterns. For example, they will use cones and other tools to...

Refusal to take a breathalyzer test or a blood test after being arrested for driving under the influence (DUI) in California will come with negative consequences. A chemical test refusal will result in harsher DUI penalties and a mandatory driver's license suspension, regardless of the outcome of your DUI case...

In California, possession of a controlled substance, such as a usable amount of heroin, cocaine, or prescription drugs without a valid prescription, is illegal. Since the passage of Proposition 47, simple possession of a controlled substance for personal use is typically a misdemeanor offense, which carries up to one year in a county...

Domestic violence (DV) cases are a serious issue that affects many people and families in Los Angeles. When DV occurs, it's essential to understand the legal process and whether they are considered public records. Let's review the accessibility of domestic violence case records in California and how they can impact anyone...

Under California law, police are required to collect DNA samples from anyone arrested on suspicion of a felony crime. California maintains a DNA database for felons and people arrested for felonies. California voters passed Proposition 69, the "DNA Fingerprint, Unsolved Crime, and Innocence Protection Act, " to expand and...

A "Watson murder" is a DUI causing someone's death in California. Its name comes from a 1981 Supreme Court case called "People v. Watson." In this landmark case, the court established that a DUI driver who causes a fatal accident can be charged with Penal Code 187 second-degree murder if the driver acted with implied malice...

Staying informed about California's restraining orders, laws, and procedures is crucial. These court orders, known as ROs, are designed to protect individuals from harassment, threats, violence, or other forms of abuse. The laws and procedures on restraining orders are constantly evolving, making it essential to stay informed...

You can violate California Penal Code 261 PC rape law if you have non-consensual sexual intercourse with someone using physical force or threats. To consent, someone must act freely and voluntarily and know the nature of the act. Sexual intercourse generally means any sexual penetration, no matter how slight...

A common question is whether California has a "Romeo and Juliet" law, which says it's not always a crime to have sex with a minor. The primary purpose of this law is to have an exception for close-in-age young people to have sex without committing a crime. Many states have Romeo and Juliet laws that generally say that...

Let's review a common question of which self-defense weapons are permissible in California. All states recognize the right to self-defense, but there are limits on the weapons a person can legally possess. Sometimes, people find themselves in legal trouble over firearm-related matters, so it's essential to understand the...

In California, the age of consent plays a crucial role in determining when somebody is legally able to give their consent to engage in sexual activities. California's strict age of consent rule is frequently misunderstood or ignored, eventually leading to serious legal consequences. The age of consent is 18 years of age...

California Penal Code 21810 PC makes it a crime to manufacture, import, sell, give, lend, or possess metal or brass knuckles, a "wobbler" that can be filed as a misdemeanor or a felony. Simply put, it is illegal to possess, make, or sell brass knuckles, also called metal knuckles. These are metal objects...

Typically, after you plead guilty to a criminal offense in California, the terms of the agreement are binding, and you are not allowed to back out of the plea deal because you have changed your mind. Notably, however, there are limited situations where a plea bargain can be reversed in criminal cases recognized under...

In drug-related criminal cases, "intent to distribute" controlled substances can often be proven with direct or circumstantial evidence. Sometimes, police will have direct evidence, such as you selling drugs to undercover police officers or your statements that you have drugs for sale. However, most drug-related criminal...

A common question is whether waiving your right to a criminal jury trial is a good idea. The most direct answer is that it's possible. Sometimes, defendants in a criminal case might consider waiving their right to a jury trial in favor of a bench trial, in which a judge with a reputation for leniency decides guilt or innocence...

A common question is, what is the difference between residential and commercial burglary in California? Burglary is divided into first-degree residential burglary (Penal Code 460 PC) and second-degree commercial burglary (Penal Code 459 PC). Burglary is when someone unlawfully enters a structure with intent...

California Penal Code 653.2 PC makes it a misdemeanor crime to send electronic communications to place the recipient in reasonable fear for their safety or the safety of their immediate family. This could include sending text messages and emails or posting harmful information online. A conviction could result in up to one...

Defense lawyers have used post-traumatic stress disorder (PTSD) in California criminal cases based on insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation.  Post-traumatic stress disorder (PTSD) is described as a psychiatric disorder that could occur in someone...

A “heat of passion” is generally described as killing another person during a sudden quarrel or being provoked and acting rashly and under the influence of intense emotion that obscures your reasoning or judgment. Also, the provocation would have caused an average person to act rashly without during a sudden...

A common question is, what does it mean when your criminal charges were “dismissed without prejudice?” Criminal cases can be dismissed “with prejudice” or “without prejudice.” Dismissal without prejudice is a legal term meaning that criminal charges have been dismissed but can be refiled by the district attorney at...

In California, a background check will typically reveal if somebody was convicted of a misdemeanor or felony, such as common crimes like driving under the influence (DUI) or Penal Code 243.4 PC domestic battery. A background check is when a potential employer obtains information about someone's history, including...

California Vehicle Code 23152(f) VC is the statute making it a crime to drive under the influence of drugs (DUID), which is generally described as an inability to drive like someone sober under similar circumstances because of any type of drug, such as legally prescribed or over-the-counter medication. Simply put, you can be...

Suppose you have an active warrant in California. In that case, you could be arrested during a police officer contact at a traffic stop. It can also have an impact on your background check for employment. Sometimes, for serious felony warrants, perhaps the police will even come looking for you to...

California Penal Code 12022.3 PC is a firearm sentencing enhancement for someone who uses or possesses a gun during the commission of some sex crimes, such as Penal Code 261 PC rape, Penal Code 286 PC sodomy, and Penal Code 288 PC lewd acts with a minor. These enhancements will expose the defendant to a certain...