Distinguishing Reasonable Suspicion And Probable Cause For A Stop Criminal Defense AttorneyCriminal law attorneyDUI Defense
August 5, 2020

Distinguishing Reasonable Suspicion And Probable Cause For A Stop

If a law enforcement officer is unable to explain how he or she reasonably came to believe that an individual might be committing a crime, might have committed a crime,…
Getting A Fresh Start Through Drug Diversion California Penal Code § 1000Criminal law attorneydeferred entry of judgmentDiversionDrug-related chargespretrial diversionProposition 36
August 3, 2020

Getting A Fresh Start Through Drug Diversion

Drug diversion programs give felony, non-violent substance-using offenders a fresh start. Riverside County operates four adult offender drug court programs in Riverside County (Blythe, Indio, Riverside, and Southwest). Highly structured and…
Criminal Defense AttorneyCriminal law attorneyPolice Misconduct
July 30, 2020

About Police Misconduct That Is Excessive Force: “Police Brutality”

The conduct of the police in America has (once again) come under extreme scrutiny in the last few months, precipitated and punctuated by the unfortunate, unnecessary deaths of several African-American…
About Restraining Orders In California Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceStalking
July 28, 2020

About Restraining Orders In California

California law allows victims of domestic violence to apply for an emergency restraining order or protective order. Individuals may obtain a domestic violence restraining order in either civil or criminal cases.…
Mistaken Identification And Wrongful Convictions Criminal Defense AttorneyCriminal law attorneyviolent crimes
July 24, 2020

Mistaken Identification And Wrongful Convictions

As one legal expert has commented, "When someone is accused of a crime he did not commit, two people are trapped on the dark side of justice, while the real…
Measuring Progress In Mental Health Diversion Cases California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversion
July 22, 2020

Measuring Progress In Mental Health Diversion Cases

Mental health diversion under Penal Code 1001.36 allows certain criminal defendants to avoid jail time for most criminal offenses. Before the approval of a proposed treatment program, courts will consider…
What Is A Certificate Of Rehabilitation? Criminal Defense AttorneyCriminal law attorneyRecord ClearingRecovery
July 20, 2020

What Is A Certificate Of Rehabilitation?

A Certificate of Rehabilitation (“COR”) is a useful post-conviction tool available under California law. It allows criminal defendants to clear their criminal records in California. While a Certificate of Rehabilitation…
Restitution in Domestic Violence Cases Criminal Defense AttorneyCriminal law attorneyDomestic Violence
July 16, 2020

Restitution in Domestic Violence Cases

While victims typically seek restitution in cases involving larceny or DUI accidents, it is available whenever there is a victim who suffers damages. Payment of restitution to a victim may be a mandatory…
Reducing A Felony To A Misdemeanor Criminal Defense AttorneyCriminal law attorneyReduction of Charges
July 14, 2020

Reducing A Felony To A Misdemeanor

Anyone who is convicted of a felony in American society faces significant burdens and hardships resulting from his or her status as a convicted felon. Employment opportunities are affected as…
About California Labor Code § 432.7 Criminal Defense AttorneyCriminal law attorneyExpungementRecord Clearing
July 14, 2020

About California Labor Code § 432.7

California employers are limited in what information they may ask job applicants about their criminal history under California Labor Code § 432.7. This specific code section of the California Labor…
Getting A Restricted License After A DUI Criminal Defense AttorneyCriminal law attorneyDUI Defense
July 10, 2020

Getting A Restricted License After A DUI

The administrative license suspension program, known as “Admin Per Se” (APS) was implemented in 1990. The California Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege…
About The Crime Of "DUI Causing Injury" Criminal Defense AttorneyCriminal law attorneyDUI DefenseWobblers
July 8, 2020

About The Crime Of “DUI Causing Injury”

California motorists who drive under the influence of alcohol and/or drugs face further serious criminal charges if they also cause injury. In these situations, drivers may be charged with driving…
Self-Defense And the Castle Doctrine Criminal Defense AttorneyCriminal law attorneySelf-Defense
July 6, 2020

Self-Defense And the Castle Doctrine

In California, residents have no duty to retreat if they confront an intruder inside their home. They may use force against intruders who use or attempt to use force to…
How Long Does Diversion Last? California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversionpretrial diversion
July 2, 2020

How Long Does Diversion Last?

Pre-trial diversion programs in California permit eligible defendants to avoid time in jail. These programs provide education and treatment for those defendants who otherwise would face convictions for misdemeanor offenses.…
Recidivism Enhancements And Custody Credits Criminal Defense AttorneyCriminal law attorneySentencing
June 30, 2020

Recidivism Enhancements And Custody Credits

Typically, subject to exception, defendants are entitled to custody or conduct credit for both actual time spent in custody before sentencing and credit for worktime and good behavior based on…
Requesting A DMV Hearing After Arrest For A DUI Criminal Defense AttorneyCriminal law attorneyDUI Defense
June 26, 2020

Requesting A DMV Hearing After Arrest For A DUI

The State of California’s are continuously adapting as the result of the COVID-19 pandemic Currently, all Department of Motor Vehicles (DMV) hearings in and held by the State of California…
What Is California’s One-Strike Law? Criminal Defense AttorneyCriminal law attorneySex offense charges
June 24, 2020

What Is California’s One-Strike Law?

Many Californians are unaware that they could face a life sentence upon a first-time offense if convicted of certain crimes under California “one-strike law.” California's one strike law, found in…
When Is Robbery Also Kidnapping? Criminal Defense AttorneyCriminal law attorneyviolent crimes
June 22, 2020

When Is Robbery Also Kidnapping?

California Penal Code § 209 defines the offenses in California which constitute aggravated kidnapping. While the California code section related to kidnapping, California Penal Code § 207, has gone relatively…
About The Crime Of Elder Abuse Criminal Defense AttorneyCriminal law attorneyDomestic Violence
June 18, 2020

About The Crime Of Elder Abuse

Many Americans are at a time in their lives when they may require assistance with simple everyday functions. Many are fortunate to have beloved family members helping them while others…
About DUI School Criminal Defense AttorneyCriminal law attorneyDUI Defense
June 16, 2020

About DUI School

In the 1980s, as drunk driving escalated to new proportions, the California legislature, like many other state lawmakers, made a concerted effort to crack down on individuals who drive under…
Enhanced Penalties for Causing Great Bodily Injury In Domestic Violence Cases Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceFelonyviolent crimes
June 12, 2020

Enhanced Penalties for Causing Great Bodily Injury In Domestic Violence Cases

The penalties for domestic violence may be severe and include probation, anger management counseling programs, batterers’ treatment counseling programs, and jail or prison time. If an individual charged with a…
How Does A Sentencing Hearing Proceed In California? Criminal Defense AttorneyCriminal law attorneySentencing
June 10, 2020

How Does A Sentencing Hearing Proceed In California?

Once an individual has been convicted of a crime in California, a crucial, usually life-altering, step remains - the court’s determination of the defendant’s sentence. This sentencing may occur immediately…
Deliberation, Premeditation, And Malice Criminal Defense AttorneyCriminal law attorneyviolent crimes
June 8, 2020

Deliberation, Premeditation, And Malice

California Penal Code § 187 is California’s statute applicable to homicide and murder. Homicide is the killing of another person, whether lawful or unlawful. Thus, “homicide” includes not only those…
Misdemeanor Or Summary Probation In California Criminal Defense AttorneyCriminal law attorneymisdemeanorProbation
June 4, 2020

Misdemeanor Or Summary Probation In California

  The California justice system contains two types of probation: The first is summary or informal probation, typically given for misdemeanor offenses where defendants serve their time without any supervision…
Criminal Defense Attorneys And Early Case Intervention Criminal Defense AttorneyCriminal law attorney
June 2, 2020

Criminal Defense Attorneys And Early Case Intervention

There are circumstances under which it may be possible to stop criminal charges from ever being filed. In this interim period before formal charges are filed by the State of…
Stalking Under California Law Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceStalking
May 29, 2020

Stalking Under California Law

California Penal Code § 646.9 makes it a criminal offense to stalk another person. It is not enough to simply follow, harass, or threaten another person, but doing so must…
For Out-Of-State Drivers Who Get A DUI In California Criminal Defense AttorneyCriminal law attorneyDUI Defense
May 27, 2020

For Out-Of-State Drivers Who Get A DUI In California

California considers motorists to be driving while intoxicated if they violate California Vehicle Code § 23152(a) (driving while under the influence of alcohol) and violate California Vehicle Code § 23152(b) (driving with a BAC of…
What Is A Batterer’s Intervention Program? Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceProbation
May 25, 2020

What Is A Batterer’s Intervention Program?

Domestic violence presents society with serious criminal justice and public health issues. Annually in California over 100,000 arrests are made for misdemeanor and felony domestic violence charges while countless additional…
Some Facts About Addiction In California controlled substanceCriminal Defense AttorneyCriminal law attorneyDrug-related chargesRecovery
May 21, 2020

Some Facts About Addiction In California

California teens and adults have higher rates of illicit drug use compared to the national averages. In response, California has taken steps to prevent drug abuse and expand access to…
Legal Defenses To Underage Drinking Criminal Defense AttorneyCriminal law attorneyDUI Defense
May 19, 2020

Legal Defenses To Underage Drinking

California’s public policy related to underage drinking and driving is based on zero tolerance. California teenage drivers fit within a special licensing classification and are considered Provisional Licensees. Teens with this…
Do Dismissed Strikes Disappear? Criminal Defense AttorneyCriminal law attorneyviolent crimes
May 15, 2020

Do Dismissed Strikes Disappear?

The California three-strikes law, considered by many to be a harsh sentencing statute, may result in life prison sentences for defendants convicted of felony offenses who have suffered past felony…
What Charges Are Eligible For Mental Health Diversion? California Penal Code § 1001.36Criminal Defense AttorneyCriminal law attorneyDiversionMental Health Diversion
May 13, 2020

What Charges Are Eligible For Mental Health Diversion?

California offers three types of pretrial diversion programs that allow those defendants that are eligible to avoid jail time by completing approved courses related to substance abuse treatment and education. These three types of pretrial diversion programs are…
Voluntary Manslaughter Defined Criminal Defense AttorneyCriminal law attorneyFelonyviolent crimes
May 11, 2020

Voluntary Manslaughter Defined

Homicide, the unlawful killing of a human being, may result in a criminal charge of murder or manslaughter. Although the charge itself is less severe than murder, manslaughter is a crime…
What Is Formal Probation? Criminal Defense AttorneyCriminal law attorneyProbation
May 7, 2020

What Is Formal Probation?

California judges have a great amount of discretion under California law in deciding the sentences of defendants convicted of a crime. California law authorizes a judge to sentence a criminal…
What Can Terminate A Drug Diversion Program? controlled substanceCriminal Defense AttorneyCriminal law attorneyDiversionDrug-related chargespretrial diversionRecovery
May 5, 2020

What Can Terminate A Drug Diversion Program?

Penal Code 1000 PC (California Penal Code § 1000) contains guidelines for California's pretrial diversion program for drug crimes limited to simple possession. This program, formerly known as deferred entry of judgment ("DEJ"), offers many…
California Expungement FAQ, Part Two Criminal law attorneyExpungementRecord Clearing
May 1, 2020

California Expungement FAQ, Part Two

Here is the second part of an article providing some answers to frequently asked questions about expungement. *Can a felony be reduced to a misdemeanor? Passed in November 2014, Prop…
California Expungement FAQ, Part One Criminal law attorneyExpungementRecord Clearing
April 29, 2020

California Expungement FAQ, Part One

Having a criminal record in California does not necessarily mean that an individual has been convicted of a crime. Anyone who is arrested but is not subsequently charged with or…
Legal Defenses To Vehicular Manslaughter DUI Criminal Defense AttorneyCriminal law attorneyDrug-related chargesDUI Defense
April 27, 2020

Legal Defenses To Vehicular Manslaughter DUI

California recognizes two crimes in California Vehicle Code § 191.5 resulting in the death of a person related to the operation of a motor vehicle while intoxicated. Both are serious…
Legal Defenses To Domestic Battery AssaultCriminal Defense AttorneyCriminal law attorneyDomestic Violence
April 23, 2020

Legal Defenses To Domestic Battery

Domestic violence crimes are crimes committed by an individual against an intimate partner. These crimes include the offense of “domestic battery,” also known as “spousal battery” or spousal assault,” as…
How Long Does A California PC 1001.36 Diversion Program Last? Criminal Defense AttorneyCriminal law attorneyDiversionpretrial diversionRecovery
April 21, 2020

How Long Does A California PC 1001.36 Diversion Program Last?

California criminal courts now act as mental health courts as the result of the passage of SB 8, which became effective in June 2018. In passing SB 8, California voters…
The DUI Arrest Criminal Defense AttorneyCriminal law attorneyDUI Defense
April 17, 2020

The DUI Arrest

A first-time DUI offense in California may result in penalties ranging from misdemeanor probation to jail time. Offending drivers who are granted an "IID restricted license" may continue to drive in California. This requires…
Assault And The Intent To Commit A Felony AssaultCriminal Defense AttorneyCriminal law attorneyviolent crimes
April 15, 2020

Assault And The Intent To Commit A Felony

Assault with the intent to commit a felony under Cal. Penal Code § 220 is a serious crime. It is a violation of this code section if a person assaults another…
Possessing Weapons In Public Buildings Is A Crime Criminal Defense AttorneyCriminal law attorneyviolent crimes
April 13, 2020

Possessing Weapons In Public Buildings Is A Crime

California Penal Code section 171B was enacted, like many criminal statutes, with public safety in mind. This statute applies to the possession of weapons in state or local public buildings…
Police Officers Filing A False Police Report Is A Crime Criminal Defense AttorneyCriminal law attorneyDomestic ViolencePolice Misconduct
April 9, 2020

Police Officers Filing A False Police Report Is A Crime

It is a crime in California for peace officers to knowingly make a false statement in a report. The California Penal Code makes it a criminal offense even if the…
What Are The Requirements For PC 1000 Pretrial Diversion? California Penal Code § 1000Criminal law attorneyDiversionpretrial diversion
April 7, 2020

What Are The Requirements For PC 1000 Pretrial Diversion?

California law, in Penal Code § 1000 contains the requirements of the state's pretrial diversion program for those charged with drug crimes of simple possession. The program, formerly known as a deferred entry…
Consequences Of A Domestic Battery Conviction Criminal Defense AttorneyCriminal law attorneyDomestic Violence
April 3, 2020

Consequences Of A Domestic Battery Conviction

A charge of “domestic battery” under California Penal Code § 243 (e)(1) is a misdemeanor. If any person causes unwanted physical contact to an intimate partner that results in injury, charges…
Elements Of A Domestic Battery Charge Criminal Defense AttorneyCriminal law attorneyDomestic Violence
April 1, 2020

Elements Of A Domestic Battery Charge

California statutory law contains special provisions for domestic violence crimes, which are crimes committed by an individual against an intimate partner. Included in these special provisions is the crime of…
California’s Implied Consent Law controlled substanceCriminal Defense AttorneyCriminal law attorneyDUI Defense
March 30, 2020

California’s Implied Consent Law

If a driver fails a blood alcohol test and has a BAC of .08 or higher, he or she may be charged with violating California Vehicle Code § 23152(a) (driving while under…
About The Crime Of False Imprisonment Criminal Defense AttorneyCriminal law attorneyDomestic ViolenceSex offense charges
March 26, 2020

About The Crime Of False Imprisonment

California Penal Code § 236 PC is the California statute that defines the crime of false imprisonment. Under this code section, false imprisonment is “the unlawful violation of the personal liberty of another.” False…
Using Marijuana In California: What You Need To Know controlled substanceCriminal Defense AttorneyDrug-related charges
March 24, 2020

Using Marijuana In California: What You Need To Know

Cannabis remains classified as a Schedule I drug under the federal Controlled Substances Act, therefore, its purchase, possession, distribution, or use, even within California and other states where it has…