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Criminal Law

California Criminal Defense Blog California Criminal Defense Blog

Focuses on drug crimes, criminal defense, white-collar crimes, drunken driving and sex crimes.
By Neil Shous, Esq.

Post Frequency: 1.9/day

Last Entry: March 30, 2011 at 16:57:15

Recent Entries: 282

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Good Samaritan Acquitted of Battery on a Peace Officer

Posted on February 24, 2010
Earlier this month, a San Francisco jury acquitted a man of battery on a code enforcement officer following a two-day trial. The facts revealed that, upon seeing a ?meter maid? approaching a parked car, the defendant decided to be a...


California Assault and Battery - Understanding the Difference

Posted on February 19, 2010
People quite often refer to an assault as an ?assault and battery?. While it?s definitely possible to commit an ?assault and battery? the two are, in fact, separate crimes. Here?s the distinction? A California Penal Code 240 PC ?assault? takes...


Preponderance of the Evidence vs. Beyond a Reasonable Doubt

Posted on February 12, 2010
In law, we frequently refer to the ?burden of proof?. This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common ?burdens? are ?preponderance...


Great Bodily Injury -- A California Nightmare

Posted on February 05, 2010
California?s legal definition of ?great bodily injury? is a significant or substantial injury. Otherwise known as ?GBI? or ?great bodily harm?, great bodily injury is a sentencing enhancement. This means that when a defendant is convicted of a California criminal...


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Authorities Bust Largest Medi-Cal Fraud Ring in California History

Posted on January 29, 2010
In 2009, a multi-agency unit, including the FBI and the California Attorney General, arrested 42 people suspected of Medi-Cal fraud. These defendants were accused of defrauding Medi-Cal out of $4.6 million, making it the largest single case of Medi-Cal fraud...


The Unfortunate Plight of Nursing Home Employees

Posted on January 22, 2010
As with anything in this world, there are always going to be exceptions to the rule. But in general, California nursing homes are staffed by caring, nurturing individuals who truly want to help others. The problem is lies in the...


If It's Too Good To Be True, It Usually Is...

Posted on January 21, 2010
I was at my grandfather?s house earlier this week. As he was opening his mail, he became very excited. He received a letter informing him that he had won $2,500,000.00 and just needed to send a $20 ?handling? fee to...


Elder Abuse on the Rise

Posted on January 18, 2010
Elder abuse has become a growing concern in California. Broadly defined in California?s Welfare and Institution Code and in Penal Code 368 PC, ?elder abuse? is any abuse, whether it?s physical, emotional, financial?and whether it?s inflicted by a family member,...


The California Plea Bargain Catchall ? ?Disturbing the Peace?

Posted on January 14, 2010
While California Penal Code 415 ?disturbing the peace? is a crime unto itself, it is much more frequently used as a California plea bargaining tool. There are a variety of crimes, such as prostitution, lewd conduct in public, and indecent...


Dancer/Choreographer "Shane" Sparks Arrested for Child Molestation

Posted on January 13, 2010
What?s interesting about this case is the fact that these child molestation charges arise out of a series of incidents that took place between 1994 and 1997?which means that the statute of limitations (the time by which criminal charges must...


Man Convicted for Indecent Exposure...In His Own Home

Posted on January 08, 2010
Yep, that?s right. Eric Williamson was convicted of violating Virginia?s indecent exposure law. This case received national attention because of the fact that Williamson was in his own home at the time of the offense. Police arrested Williamson after a...


Introducing the First Legal Male Prostitutes

Posted on January 04, 2010
In Nevada, that is. Nevada is currently the only state where prostitution is legal?as long as it is confined to brothels located in specific counties within the state. Until recently, these brothels only hired women in accordance with the state?s...


Arson Investigation - Hardly a Science

Posted on December 24, 2009
Recent reports indicate that thousands of convicted arsonists may have been falsely accused and wrongfully convicted. This is due to the fact that arson investigators have relied on a basic set of assumptions about how fires burn?assumptions which really amount...


The Importance of Being Removed from the California Megan's Law Website

Posted on December 18, 2009
Sex offenses are, perhaps, the most socially stigmatized crimes. Society often shuns, ignores, and even abuses its sex offenders. The California Megan?s Law website is largely to blame for this behavior. Depending on the particular sex crime for which an...


Decoy Officers Frequently Used to Catch So-Called Predators

Posted on December 17, 2009
Decoy officers are frequently used to catch?or entrap?so-called on-line child ?predators?. Cops, relying on the anonymity of the Internet, pose as young children (usually 13 years old) in an effort to arrest unsuspecting individuals for a variety of California sex...


Harassing Text Messages Lead to Cyberstalking Charges

Posted on December 16, 2009
Last week, police arrested Devar L. Hurd for cyberstalking the mother of R&B singer Ashanti Douglas. Prosecutors report that Hurd sent Ms. Douglas over 30 explicit text messages. Some of the messages qualified as ?sext? messages, including several photos of...


Celebrity Stalking

Posted on December 15, 2009
While celebrity stalking seems all the rage, it actually only comprises a small fraction of all California stalking charges. In fact, most California stalking charges involve domestic violence?that is, instances of stalking that involve intimate partners...


The History of California Spousal Rape Law

Posted on December 10, 2009
Many people don?t realize that California spousal rape is a crime. This misconception may be due to the fact that it didn?t used to be. In fact, California Penal Code 262 spousal rape is a fairly recent offense?it didn?t even...


Common Misconceptions about California Date Rape

Posted on December 08, 2009
The term ?date rape? conjures up different ideas for different people. Many think that it is a less serious offense than a ?traditional? rape charge. Many think it necessarily involves one person ?drugging? another with popular ?date rape drugs? such...


Roman Polanski on House Arrest for His 1977 California Statutory Rape Charges

Posted on December 07, 2009
After decades of living on the run, director Roman Polanski began house arrest last Friday. This sentence stems from his 1977 conviction where he plead guilty to California statutory rape, Penal Code 261.5 PC. He is currently serving his sentence...


An Overview of California Rape Laws

Posted on December 03, 2009
Although Penal Code 261 PC ?rape? is a crime in-and-of itself, there are a variety of sex crimes that are subject to California?s rape laws. Offenses such as spousal rape, date rape, statutory rape, and even oral copulation by force...


Highway 15 a Fertile Ground for DUI Arrests

Posted on October 27, 2009
The stretch of Interstate Highway 15 from Las Vegas to Ontario is a fertile ground for police to issue speeding tickets, DUI arrests and other driving-related citations. Barstow CA DUI attorney Robert Little says that many of the DUI arrests...


Judges Order CA to Reduce Prison Population

Posted on October 26, 2009
The California prison population will experience a 27% decrease over the next two years, or at least that?s the plan. A panel of federal judges recently ordered the state of California to reduce its prison population of 150,000 down to...


Jackson Doctor Administered Lethal Dose

Posted on October 21, 2009
According to The Washington Post, Michael Jackson was administered a deadly dosage of propofol, an anesthetic drug that a personal physician was administering to the entertainer as a sedative to help him sleep. Though the anesthetic is not recommended for...


Veteran Officer Sentenced for Making Threats

Posted on October 14, 2009
According to a recent report on nbclosangeles.com, a former Los Angeles police officer was sentenced to over four years in state prison for Penal Code 422 criminal threats charges. The officer, a 39-year-old, 10-year veteran of the LAPD was the...


LAPD Perjury Case Should Make Us All More Critical of Police Testimony

Posted on October 07, 2009
Three LAPD officers were charged with perjury Tuesday based on a videotape that surfaced contradicting their testimony about seeing a suspect toss a baggie of cocaine. The video also appears to depict the officers agreeing to "doctor" their police report...


Suspects Wrongfully Accused of Lewd Conduct at Elysian Park

Posted on October 06, 2009
The LAPD is making an increasing number of arrests at Elysian Park for Penal Code 647(a) Lewd Conduct in Public. Most of the arrests involve undercover decoy officers posing as gay men cruising at the park. When an unsuspecting gay...


Ending Penal Code 290 Registration

Posted on September 30, 2009
People convicted of certain sex offenses in California have the onerous requirement of lifetime registration as a sex offender. This means they must register with the local police every time they move and every year within 5 days of their...


Life in Prison for Forgetfulness?

Posted on September 28, 2009
People convicted of certain sex offenses in California become registered sex offenders for life. They must register with their local police department(s) every time they change their residence and every year within 5 days of their birthday. Not completing these...


Can a Bully Claim Self-Defense?

Posted on September 24, 2009
California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. The threat must be immediate and a person must use no more force than is reasonably necessary to thwart the attack. But...


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