Criminal Law

Amendments to Penal Code 666 to Apply Retroactively

Posted on March 30, 2011
California Penal Code 666 -- more commonly known as ?petty theft with a prior? -- allows prosecutors to file a petty theft charge as a felony rather than a misdemeanor if the offender has three or more prior theft-related convictions. Historically, only one prior was required to elevate a subsequent petty theft to a felony charge...

Pimping, Pandering and Pilfering

Posted on March 23, 2011
If you?re a cop hoping to make a pimping charge stick, you might not want to pilfer drugs from the evidence room. Such a move might discredit your testimony in the eyes of the jury. It just happened in Contra Costa County, where prosecutors were forced to dismiss charges against a suspected madam after the state?s star witness ? a California Department of Justice agent ? was charged with multiple counts of theft for allegedly stealing methamphetamines, marijuana and prescription pills from evidence lockers...

Dog Therapy from New Haven to Norwalk

Posted on March 23, 2011
Who doesn?t remember the stress of law school? There was the Socratic method?the quandary over which commercial outline to choose?and those daunting (but finally dog-eared) pages of the hornbooks? It?s about to get a bit easier for Yale Law School students...

Lohan Family Faces Further Legal Trouble

Posted on March 22, 2011
Michael Lohan may be the next member of the Lohan clan to face time behind bars. He was arrested in West Hollywood last night in connection with an alleged domestic violence incident. Among the possible charges he faces is California Penal Code 273...

To access this complete feed in the blog feed reader login or register for free.

Dr. Conrad Murray Attempts to Prove that Michael Jackson Killed Himself

Posted on March 16, 2011
In the continuing case against Dr. Conrad Murray?the man accused of killing superstar Michael Jackson when he allegedly acted ?without due caution or circumspection??the defense is zeroing in on a broken syringe that was discovered under Jackson?s deathbed...

When Does a Police Officer Cross the Line from Employing Reasonable Force to Wielding Excessive Force?

Posted on March 15, 2011
Debate over this issue is likely to intensify over the next few weeks, especially as it relates to minority groups in Los Angeles who often feel unfairly targeted by law enforcement. Six months after the death of immigrant laborer Manuel Jaminez in the Westlake District at the hands of an LAPD officer, the Los Angeles Police Commission sided with the officer...

The Role of Mistaken Eyewitness Identification in Francisco Carrillo Overturned Murder Conviction

Posted on March 15, 2011
Tragedy unfolded on the streets of Lynwood 20 years ago when 41-year old Donald Sarpy was gunned down and killed in a drive-by shooting. But the full extent of the crime was not fully recognized until this week, when a Los Angeles Superior Court judge overturned the subsequent murder conviction of Francisco Carrillo in light of the recantation of five witnesses...

Mel Gibson Enters Not Guilty Plea in Spousal Battery Case

Posted on March 11, 2011
Mel Gibson entered a ?no contest? plea in a Los Angeles Courtroom today to a misdemeanor simple domestic battery charge. In exchange for his plea to Penal Code 243(e)(1) California?s spousal battery law, the actor will be placed on 36 months summary probation, must perform 16 hours of community service and undergo 52 weeks of batterer?s counseling...

Was Romany Malco a Victim of Police Misconduct?

Posted on March 09, 2011
Last night, Romany Malco?an actor from ABC?s ?No Ordinary Family??was pulled over by the Hawthorne Police Department. At the time of the stop, Malco didn?t know why he was being detained?or why the officer approached him with her gun already drawn. Thinking that he was about to be the victim of police misconduct, Malco began taping the incident on his phone...

Orange County Jail Cook is Charged with Sexually Assaulting Female Inmates

Posted on March 04, 2011
A cook in the Orange County Jail is being charged with at least two counts of sexual assault based on inappropriate sexual conduct with female inmates. You commit sexual assault (interchangeably referred to as sexual battery) in California anytime you touch the intimate part of another person for the purpose of sexual assault, gratification or abuse without that person?s consent...

The Century Regional Detention Center ? Where L.A. County Female Inmates are Housed

Posted on March 03, 2011
When female celebrities like Lindsey Lohan or Paris Hilton are sentenced to jail?and actually serve their time?they, like all other female Los Angeles County inmates serve their time at the Century Regional Detention Center in Lynwood, California. The Century Regional Detention Center, sometimes interchangeably referred to as the ?Lynwood Jail? or simply ?Lynwood? houses (1) female arrestees who have just been arrested and are waiting to be bailed out or to attend their arraignments, as well as (2) female convicted defendants who have been sentenced to serve time in a county jail...

Jason Davis Charged with Felony Drug Possession, Being Under the Influence and Possession of Drug Paraphernalia

Posted on February 24, 2011
Earlier this month, we reported that Jason Davis, alumni of ?Celebrity Rehab with Dr. Drew? and grandson to the oil mogul and philanthropist Marvin Davis, was arrested for drug possession in Newport Beach, California. The Orange County D.A.?s office has now officially charged Davis with felony heroin possession, being under the influence of a drug and possession of drug paraphernalia...

Over 100 People Charged with Healthcare Insurance Fraud

Posted on February 18, 2011
More than 100 doctors, nurses and physical therapists from eight states including California were charged yesterday with healthcare insurance fraud for overbilling the nation?s Medicare program. This is this nation?s largest healthcare insurance fraud bust to date...

The Importance of a Romero Motion

Posted on February 16, 2011
California?s three strikes law is an oppressive sentencing scheme that can unfairly send even nonviolent offenders to prison for life. And even when it?s not a third strike that the offender is facing, the three strikes law doubles the sentence of a ?second strike? offense as well...

Lindsey Lohan Pleads Not Guilty to California Felony Grand Theft Charge

Posted on February 10, 2011
Actress Lindsey Lohan just can?t seem to stay out of the spotlight?or out of trouble. She appeared at the Los Angeles ?Airport? Court yesterday for her arraignment that stems from an incident in January where she allegedly stole a $2,500 necklace from a Venice jewelry store...

A Brief Overview of Prop. 36, Deferred Entry of Judgment and California Drug Courts

Posted on February 08, 2011
Drug diversion is a general term that incorporates three different types of drug treatment that are all available (under the appropriate circumstances) as alternatives to incarceration for nonviolent drug offenders. These include Proposition 36, Penal Code 1000 PC Deferred Entry of Judgment and California drug courts...

The True Believers in Los Angeles Drug Court

Posted on February 08, 2011
Unfortunately, there are a number of California criminal court judges who are just moving through the justice system. They have grown complacent or bored or have been placed in the least desirable courtrooms as ?punishment? for past rulings and/or behavior...

Will Jason Davis be Eligible for California's Deferred Entry of Judgment Program?

Posted on February 07, 2011
?Celebrity Rehab? alumni Jason Davis (grandson of the famous industrialist and philanthropist Marvin Davis) was arrested in Newport Beach, California two weeks ago for possession of a controlled substance. His arrest came only one-day after the Celebrity Rehab ?reunion? show taping in which he claimed he was clean and sober...

Former USC QB Arrested for California Drug Sales

Posted on February 04, 2011
Ex USC quarterback Mitch Mustain is out on bail after being arrested for selling drugs. This means that he most likely violated Health and Safety Code 11352 HS California?s law against selling or transporting drugs. This arrest comes as he is preparing for the NFL draft...

Possession, Possession for Sale and Sales... Understanding the Differences Between these California Drug Offenses

Posted on February 04, 2011
Three of the most commonly prosecuted California drug charges include possession of drugs, possession for sale and selling drugs. Possessing drugs is a relatively straightforward offense?if you possess illegal drugs (or even prescription drugs without a valid prescription) you are guilty of this offense...

New Los Angeles Central Jail Finally Opens

Posted on February 03, 2011
The ?new? Los Angeles central jail is up and running as of yesterday, despite the fact that it was more or less completed almost two years ago. Why the delay? Because the city?s hiring freeze made it so that the Los Angeles Police Department couldn?t hire any new detention officers to staff the new 172,000 square foot facility...

Will Charlie Sheen Be Charged with Possession of a Controlled Substance?

Posted on February 02, 2011
You?ve no doubt heard that recovering drug addict actor Charlie Sheen was taken to Los Angeles Cedars-Sinai hospital late last week due to alleged abdominal pain. Sources reported that he suffered from a hernia. And while this may very well be true, other sources who were reportedly with Sheen prior to being taken to the hospital say that after receiving a ?designer suitcase filled with multiple bricks of cocaine? he immediately began using the drug and continued to do so for several hours...

Using, Buying or Selling a Prescription Drug like Codeine may be a Crime in California

Posted on January 26, 2011
That?s right. California drug crimes are not exclusive to using, buying or selling illegal ?street? drugs. Engaging in any of these activities with certain prescription drugs will also subject you to criminal prosecution. And even though it is the most prescribed drug in the world, California law prohibits a variety of codeine-related drug offenses...

Understanding the Difference Between Being Under the Influence of Heroin and Driving Under the Influence of Heroin under California Law

Posted on January 24, 2011
California law prohibits a variety of heroin-related offenses. Two of these that may cause some confusion include California?s law against being under the influence of heroin and driving under the influence of heroin. According to California law, you are under the influence of heroin when your physical and/or mental abilities are impaired in "any detectable manner"...

The Many Charges You May Face for a California GHB-Related Offense

Posted on January 21, 2011
Gamma Hydroxybutyric Acid, more commonly referred to as GHB, is?for the most part...an illegal drug. It?s only legitimate medical use is for patients who suffer from narcolepsy (that is, excessive daytime sleepiness). If you are one of these patients, hold a valid prescription for the drug and only use it in strict accordance with that prescription, you should not face charges for possessing, using or being under the influence of this drug...

California Ecstasy Charges May be the Least of Your Problems

Posted on January 18, 2011
Common California ecstasy-related charges include charges for possessing ecstasy?commonly referred to as ?E?, ?X? and ?XTC??possessing ecstasy for sale, selling or transporting ecstasy, being under the influence of ecstasy and driving under the influence of ecstasy...

Possession of Ketamine in California Often Involves Additional Charges

Posted on January 17, 2011
Ketamine is an illegal controlled substance. This means that its possession and use is strictly limited and regulated. However, ketamine is extremely popular as a ?club drug? which means that it is frequently used by people attending concerts, raves, and other similar venues because of its psychedelic effects...

Gary Busey Set Up By the Press in a Bogus California DUI Bust

Posted on January 14, 2011
When the cops pulled actor Gary Busey over yesterday on Pacific Coast Highway in Malibu, they expected to find him drunk behind the wheel. After all, they received a tip from a couple who saw Busey driving erratically in his Mercedes. Turns out Busey was perfectly sober, set up by the couple who followed the officers to the stop location who then got out of their car in order to take photos of the scene...

Scripps Research Institute Researching Possible Vaccine to Repress Cocaine Cravings

Posted on January 05, 2011
The National Institute of Drug Abuse is funding a study where scientists from Scripps Research Institute in California (as well as Cornell Medical College) are testing a vaccine that could possibly curb cravings for cocaine. They administered mice with a viral cocktail that mimics cocaine, which resulted in the mice sustaining an enduring anti-cocaine immunity...

New California Laws for 2011

Posted on January 05, 2011
California Governor Arnold Schwarzenegger signed more than 730 bills into law last year, most of which went into effect on January 1st. So while we?re not going to provide you with a list of the 730+, we will briefly summarize some of the most noteworthy that affect California criminal law...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.