Criminal Law

Actress Lindsey Lohan Has A Couple Of Weeks To Decide Whether Or Not She Will Accept A Plea Deal In Her Felony Theft Case

Posted on April 01, 2011
Actress and veteran of the Los Angeles County Criminal system Lindsey Lohan appeared in front of a Judge on Thursday. Lohan is charged with Felony Grand Theft for allegedly stealing necklace from a Los Angeles area jewelry store. The necklace is valued at $2500...

What is Oral Copulation on a Minor? (Penal Code section 288a)

Posted on March 31, 2011
The California Penal Code defines oral copulation on a minor as any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. In other words anytime a person puts their mouth on child?s or vagina, without consent, they will be guilty of oral copulation...

What A Prosecutor Must Show In Order To Get A Rape Conviction In California

Posted on March 30, 2011
Rape in California is a felony, and carries with a conviction a number of severe potential punishments. Included as potential punishments are a lengthy prison sentence, as well as lifetime registration as a sex offender. By law, in order for a defendant to be found guilty of rape, the prosecutor must prove certain specific things...

I Was Caught With Marijuana, What Will Happen To Me? H&S Code § 11357; V.C. § 23222;

Posted on March 30, 2011
In January 2011, the California State Legislature amended possession of marijuana laws by reducing the punishment for someone charged with less than 28.5 grams of marijuana from a misdemeanor to an infraction. What this means is that if someone is found with 28...

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I Want To Appeal My Conviction, What Should I Do? ? P.C. 1237

Posted on March 29, 2011
If you or a loved one have been convicted of a crime and want to file for an appeal in California it is important to understand how an appeal works in order to get the best result. An appeal can be a very complex and slow process which is why it is so important to have a knowledgeable appellate lawyer to assist you...

I?m Charged With A Violation Of A Protective Order ? What Should I Do Next?

Posted on March 25, 2011
In California, Penal Code section 136.1 authorizes the trial court in criminal case to issue orders which are generally referred to as criminal protective orders. Such orders may include an ex parte no-contact or stay-away order, an order not to intimidate the victims or witnesses, or an order protecting the victim of a violent crime from all contact by the defendant...

IN ORDER TO USE AN INFORMANT OR ?ANONYMOUS TIPSTER? TO BUILD REASONABLE SUSPICION, THE OFFICER MUST CONSIDER THE RELIABILITY OF THE INFORMATION

Posted on March 24, 2011
In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip...

I?m Charged With Robbery ? What Should I Do Next?

Posted on March 22, 2011
In California, Penal Code section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Robbery, therefore, is a species of aggravated larceny...

I?m Charged With A Violation Of A Restraining Order ? What Should I Do Next?

Posted on March 21, 2011
Restraining orders are civil orders that can be requested by the individuals who believe they are the victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order, or a TRO. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order...

Student Suspected of Bringing Gun to Gardena High in Los Angeles County Charged With Assault with a Deadly Weapon

Posted on March 20, 2011
A Gardena High School student suspected of bringing a gun to campus that discharged and wounded two students in January has been charged with assault with a deadly weapon. The 17-year-old was arrested about an hour after the incident. The gun was apparently in the boy?s backpack and was inadvertently discharged when he slammed his backpack down on his desk...

The Court In California Can Require Parties To Pay Support Obligations Based On The Parties Inflated Income

Posted on March 10, 2011
The financial strain that a person may go through from trying to pay court ordered spousal and child support payments is often great. In many circumstances, the party ordered to pay support must significantly alter their lifestyle in order to satisfy the court?s order...

Why do Cops Violate Your Constitutional Rights when they encounter you?

Posted on March 08, 2011
The simple answer is because there are some cops that will violate your rights because they refuse to follow the law. However, other police officers will violate your rights because they know that the conservative majority on the United States Supreme Court will likely support their conduct...

What Do I Do If I Am Detained For Suspicion Of Shoplifitng In California?

Posted on March 04, 2011
Under California law petty theft is the taking of property of another valued at less than $950. A first offense is chargeable as a misdemeanor and carries a maximum sentence of six months in county jail. Commercial burglary in California is defined as entering any structure other than a residence with the intent to commit a crime therein...

Theft Offenses in California

Posted on March 03, 2011
Property that is taken unlawfully that is valued at $950 or less is considered petty theft under California Penal Code Sections 484-488. Theft that exceeds $950 is Grand Theft. Stealing and taking away another?s property without that person?s consent is property theft...

Watson Murder- How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in California

Posted on March 02, 2011
It?s something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California...

I?m Charged With A Violent Or Serious Felony ? What Should I Do Next?

Posted on March 02, 2011
In California, a felony is a crime which is punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Violent and serious felonies defined in Penal Code sections 667...

Vehicular Manslaughter

Posted on February 25, 2011
Vehicular Manslaughter occurs when someone drives a vehicle in a reckless and unsafe manner ultimately resulting in the death of another person. Some forms of reckless driving include speeding, driving under the influence of either drugs or alcohol or both and driving in an unsafe and wanton manner...

A Warrant Is Issued For My Arrest - What Should I Do Next?

Posted on February 24, 2011
An arrest warrant is usually a printed form filled in by a judge or magistrate directing any peace officer to arrest a particular individual and bring him or her before the judge. Once a person is arrested, he or she must be taken before the judge without unnecessary delay within 48 hours after the arrest...

I?m Charged With A Sex Crime ? What Should I Do Next?

Posted on February 23, 2011
Most typical sex-related crimes defined by California law include a lewd or lascivious act upon a child under 14 years of age, molestation of a child 14 years or older, forcible rape, statutory rape that is defined as consensual intercourse with someone under the age of 18, obligation to register as a sex offender, possession of obscene materials, indecent exposure, lewd act in public place, solicitation of prostitution, and sexual battery which is a forcible sexual activity other than a sexual intercourse...

Penal Code 187(a) - Murder in California

Posted on February 22, 2011
In Penal Code 187 (a), California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought." Malice aforethought is a necessity in murder as opposed to manslaughter. This is a state of mind where someone intends to kill a person but not necessarily out of spite or hatred...

DNA Testing Of Discarded Cigarette Is Not Constitutionally Protected

Posted on February 18, 2011
The Third District Court of Appeals in Sacramento ruled in November 2010 that there is no expectation of privacy in a discarded item and that a DNA test of the item is not an unconstitutional search. Rolando N. Gallego was convicted of second degree murder in great part due to the DNA testing of a cigarette that he allegedly threw away on a sidewalk...

I?m Charged With Vandalism ? What Should I Do Next?

Posted on February 18, 2011
In California, Penal Code 594 defines vandalism as maliciously damaging or destroying property belonging to another person, or defacing it with graffiti or other inscribed material. Someone acts maliciously when a person intentionally does a wrongful act, or when an individual acts with the unlawful intent to annoy or injure someone else...

Can I be charged for challenging someone to fight? What does the prosecution need to prove and what is the punishment?

Posted on February 16, 2011
Under the California Penal Code section 415 (1), for the defendant to be found guilty of this crime, the People must prove that: 1. The defendant willfully and unlawfully fought or challenged someone else to fight;and; 2. The defendant and the other person were in a public place when the fight occurred or the challenge was made;and; 3...

What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?

Posted on February 16, 2011
To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family...

Sex Offender Registration Act - What Should I Need To Know About Megan?s Law

Posted on February 14, 2011
In California, persons convicted of specified sex crimes are required to register as sex offenders with local law enforcement agencies. Prior to release from jail, sex offenders are notified in writing of their duty to register, and law enforcement agencies are required to forward the registration information on each convicted sex offender to the Department of Justice...

I?m Charged With Fraud And Forgery In San Diego ? What Should I Do Next?

Posted on February 11, 2011
In California, under Penal Code section 470 every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person is guilty of forgery. Moreover, a person may be charged with forgery for intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents, a false driver?s license or identification, or by writing a bad check...

I?m Charged With Receiving Stolen Property In San Diego ? What Should I Do Next?

Posted on February 10, 2011
In California, Penal Code section 496 prohibits every person from buying or otherwise receiving any property that has been stolen or that has been obtained in any manner constituting theft or extortion. The crime must be committed with knowledge that specific property has been stolen or taken from the owner without his or her consent...

I?m Charged With Possession Of Marijuana For Sale In San Diego ? What Should I Do Next?

Posted on February 08, 2011
In California, Health and Safety Code section 11359 makes it a felony for anyone to unlawfully possess marijuana for sale. This crime is punishable by imprisonment for up to three years in state prison. Actual sales or offers to sell can result in imprisonment up to seven years in state prison...

Well-Known College Basketball Player Charged With Four Felony Counts- P.C. 243.4; P.C. 261; P.C. 290

Posted on February 08, 2011
A well-known starting forward for a college basketball team was charged with four felony counts alleging that he inappropriately touched two women without their consent. The star player is being charged with one count of sexual battery (P.C. 243.4) and three counts of rape...

When Is A Knife Not A Deadly Weapon? ? P.C. 245(a)(1)

Posted on February 04, 2011
A recent case decided by the California Court of Appeals involved a minor who was convicted of assault with a deadly weapon in a juvenile court after he got into an altercation and tried to use a butter knife to attack the victim. The defendant, Brandon T...

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