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In California, refusing a blood or breath test after a lawful DUI arrest results in a mandatory license suspension, such as one year for a DUI first offense, and additional penalties if convicted, based on the "implied consent" law. The implied consent law means that by driving in...

California Vehicle Code 23152(b) VC makes it automatically (per se) illegal to drive a vehicle with a blood alcohol content (BAC) at or above 0.08%. Driving under the influence (DUI) is typically charged as a misdemeanor unless there are aggravating circumstances. VC 23152(b)...

Being involved in an accident with a parked vehicle can be a stressful experience, especially if you're uncertain about your legal responsibilities. In California, it's crucial to understand that you must report the incident, regardless of the perceived damage. This is not just a legal requiremen...

In September 2024, Governor Gavin Newsom signed Assembly Bill 1960, a significant and far-reaching law that created California Penal Code Section 12022.6 PC, part of new laws aimed at addressing the sharp rise in property crimes. There are tougher penalties for smash-and-grab...

California Vehicle Code 23152(a) prohibits driving under the influence of alcohol. This means you could be convicted even if your BAC is below 0.08% because the only factor is whether you are too intoxicated to operate a vehicle safely. DUI is typically charged as a misdemeanor crime unless aggravating circumstances...

Understanding the crucial term "intent" and its impact on a California criminal case is of paramount importance. It is a key component of most criminal cases and can significantly influence the outcome. Our Los Angeles criminal defense attorneys, with their extensive knowledge and experience, un...

There is often a debate about whether police officers in California are legally allowed to search your car and, if so, what circumstances warrant it. Many people think they're safe from a vehicle investigation when police don't have a warrant, but the laws surrounding this issue are sometimes ambiguous. It's not as...

Let's delve into the details of a DV-110 temporary restraining order (TRO) in California. Understanding what a TRO is, how long it lasts, and how to respond to it is crucial for your legal journey. Suppose someone has asked for a domestic violence restraining order against you, which is a court order that can help protect...

The length of time it takes to resolve a criminal case in California can vary from a few months to several years, depending on several factors, such as the specific type of charges. Misdemeanor cases are typically resolved within a few months, while felony cases can take six months to over one year. Also, the complexity...

A common question is whether a domestic violence (DV) conviction can lead to revocation of your professional license in the State of California. Domestic violence charges can carry harsh legal consequences, such as fines, probation, and jail time. They can also have significant ramifications on professional licenses, such as...

In Los Angeles, temporary restraining order (RO) requests are handled the same day they are filed. The person asking for the RO is called the "petitioner," who must make declarations under penalty of perjury about the allegations of abuse or harassment that have allegedly occurred. Whether in a domestic violence...

California Health and Safety Code 11365 HS makes it a misdemeanor crime for someone to knowingly be present at a place where controlled substance use is occurring if they aid or abet the drug use in some way. HS 11365 says, "(a) It is unlawful to visit or to be in any room or place where any controlled substances which...

Under California Health and Safety Code 11375.5 HS, it's a crime for someone to sell or give synthetic stimulants to another person or to use or possess them. A conviction for this misdemeanor carries up to six months in county jail and a fine of up to $1,000. California laws are not only strict against the sale and use of...

California Business and Professions Code 4323 BPC makes it a misdemeanor offense to make false statements to a pharmacist to obtain a drug. These false statements could be made electronically or over the phone. If convicted, you are facing up to one year in county jail and a fine of up to $1,000. Simply put, It's a crime to...

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....

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...