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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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Blog

When Can a Juvenile Be Tried in Adult Court?

Posted in Uncategorized on June 24, 2021

In most situations, crimes committed by a person under the age of 18 will be heard in juvenile court in California. However, there are times when juveniles will get transferred to the adult criminal court through a process called a “waiver.” A waiver occurs when a judge decides to waive the protections that a juvenile…

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What is the Difference Between Parole and Probation?

Posted in California Law,Criminal Defense,General FAQ'S on June 17, 2021

There is often confusion about the difference between parole and probation, particularly because these two words are thrown around together so often. We do want to stress that parole and probation are different, and it is critically important for any person facing either of these to understand what will happen moving forward. Here, we want…

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What is Custodial Interrogation?

Posted in California Law on June 10, 2021

When we watch TV shows or movies, we typically see law enforcement officers arresting somebody, reading them their Miranda rights, and then proceeding to question them. However, Miranda rights do not just occur in these types of situations. The Miranda requirements arise even if a suspect is subject to what is called “custodial interrogation.” Here,…

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Open Container Violations in California

Posted in California Law on June 3, 2021

In nearly all circumstances, it is unlawful to consume alcohol while driving or as a passenger inside a motor vehicle on the roadway. Additionally, it is unlawful to consume marijuana while a vehicle is in motion, either for a driver or a passenger. When we consider open container laws, we want to discuss what this…

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Simple Assault in California: 240 PC

Posted in California Law on May 12, 2021

It is illegal to assault somebody in California. However, adequately defining assault can be difficult. There are various laws on the books that pertain to assault, but here we want to focus on Penal Code 240 PC. Even though this law does not specifically say simple assault, that is generally what this law is referred…

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Hate Crime Laws in California

Posted in California Law,Criminal Defense on April 28, 2021

When a crime is committed against a person based on their race, ethnicity, color, national origin, religion, sexual orientation, or disability, this can be classified as a hate crime. In California, hate crimes are taken seriously, and any person alleged to have committed a hate crime could face prosecution for a misdemeanor or a felony…

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What Does California Define as Lewd and Lascivious Conduct? 288(a)

Posted in Criminal Defense,Sex Crimes on April 21, 2021

California Penal Code 288(a) states that it is illegal for a person to engage in any lewd or lascivious conduct with a minor. “Lewd and lascivious” acts refer to any actions that are indecent or of a sexual nature with an individual under the age of 14. This includes “arousing, appealing to, or gratifying the…

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Difference Between Expunged and Sealed Records

Posted in Criminal Defense,Expungement on April 12, 2021

If you or somebody you care about has been charged with and convicted of a crime, then you understand how a criminal record can affect your life. A criminal conviction of a misdemeanor or a felony offense can significantly affect a person’s ability to gain employment, find adequate housing, attend school, and more. Even a…

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Difference Between a Felony and a Misdemeanor

Posted in California Law,Criminal Defense on March 29, 2021

Two of the main words used when discussing criminal cases are “felony” and “misdemeanor.” These two words, though both refer to types of criminal charges a person can face, have vastly different meanings when it comes to understanding the possible penalties for a particular offense. Here, we want to discuss the basic difference between a…

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SB 145: Amended Sex Offender Registration Laws in California

Posted in California Law,Criminal Defense,Sex Crimes on March 15, 2021

Sex offender laws do change from time to time. One of the changes to California’s sex offender registration requirements came in 2020. California Senate Bill 145 (SB 145) was passed in an attempt to give judges the same discretion that they have for cases where a young adult and a minor engage in vaginal intercourse….

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