California Law
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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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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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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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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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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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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Posted in California Law,Criminal Defense,Sentencing on March 9, 2021
California Senate Bill 1437 was signed by Governor Jerry Brown in September 2018, and this law made significant changes to the state’s felony murder rule. The felony murder rule is a centuries-old legal doctrine that has been used to hold people automatically liable for first-after a murder if a death occurs during the commission of…
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Posted in California Law,Criminal Defense on February 22, 2021
For many people, prohibition is seen as a way to serve time without actually having to go to jail or prison after a conviction for a misdemeanor or felony offense. While this may be seen as a positive way for a person to complete their sentence, the reality is that the burdens of probation can…
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