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Does the Death Penalty Still Exist in California?

Posted by Dmitry Gorin | Sep 17, 2022 | 0 Comments

The question of capital punishment (the death penalty) has been a hot-button issue in the state of California for many years. While the courts and politicians have consistently moved toward abolishing the death penalty, voters have always (until recently) either refused to abolish it or fought to have...

Resisting Arrest Laws in California - Penal Code 148 PC

Posted by Dmitry Gorin | Aug 24, 2022 | 0 Comments

As is the case in most states, it is a crime in California to resist arrest. However, the "resisting arrest" law (Penal Code 148 PC) is broadly written to include many other behaviors that constitute a criminal offense. Put simply, it’s a crime to impede or delay any public/peace officer or EMT from executing...

Picketing Outside a Courthouse - Penal Code 169 PC

Posted by Dmitry Gorin | Aug 22, 2022 | 0 Comments

The Constitution of the United States protects the people’s right to peaceful assembly and protest. However, in some cases, protesting can cross the line into criminal activity. In the state of California, for example, Penal Code Section 169 PC makes it a crime to picket in or near a courthouse to...

False Report of an Emergency - Penal Code 148.3 PC

Posted by Dmitry Gorin | Aug 04, 2022 | 0 Comments

When someone calls and reports an emergency, first responders and other relevant agencies will be sent to deal with the situation. When somebody decides to intentionally report a crisis that does not exist, they are wasting taxpayer's money and tying up services that could be needed elsewhere...

Bribery of Judges or Jurors - Penal Code 92 PC

Posted by Dmitry Gorin | Jul 28, 2022 | 0 Comments

In the State of California, it is a felony offense to attempt to bribe a judge, juror, or any other judicial officer. It is also a felony for jurors or judicial officials to accept bribes. Both are serious charges with harsh penalties, including up to four years in state prison if convicted. It's a felony crime in California...

Committing a Felony While on Bail or OR Release

Posted by Dmitry Gorin | Jul 21, 2022 | 0 Comments

If you have been accused of a felony crime in California, then it’s possible you could be released on bail pending your trial. There are even situations where you could be released from custody by the judge on your own recognizance, commonly known as an “OR release.” If by chance, you are released....

When Can Police Search Your Cellphone?

Posted by Dmitry Gorin | Jul 01, 2022 | 0 Comments

The question of when police can lawfully search a cell phone for evidence of a crime has been the subject of much debate. Cellphones, after all, are effectively mini-computers that may contain a wealth of information, and the fact that we carry these devices on our person could make it that much...

Age of Consent in California and Its Implications

Posted by Dmitry Gorin | Jun 13, 2022 | 0 Comments

The legal age of consent in any state is when the law deems a person is old enough to consent to sex. In the State of California, the age of consent is 18. Thus, it is a criminal act to engage in sex with anyone under 18, and any person who does so could be charged with statutory rape under Penal....

The Crime of Rape Under California Law - Penal Code 261

Posted by Dmitry Gorin | Jun 07, 2022 | 0 Comments

California Penal Code 261 PC lays forth laws regarding the crime of rape. Under the law, it is considered rape if a person uses force, threats, or fraud to engage in non-consensual sexual intercourse with another person. What constitutes rape is when non-consensual intercourse occurs with someone...

Spousal Rape Law Repealed in California - Penal Code 262 PC

Posted by Dmitry Gorin | Apr 28, 2022 | 0 Comments

In October of 2021, California’s state legislature officially enacted Assembly Bill 1171, which, among other things, repealed the state’s “spousal rape” law, formerly California Penal Code 262 PC. This act makes spousal rape subject to the same penalties as non-spousal rape defined under California...

How Can You File a Brady Motion?

Posted by Dmitry Gorin | Apr 20, 2022 | 0 Comments

If you are charged with a crime, the prosecution has a constitutional duty during the discovery phase to disclose all material evidence concerning your case—not just the evidence it has against you, but any exculpatory evidence that might work in your favor. If you or your attorney suspect the...

Making, Possessing, or Transporting Explosives Law

Posted by Dmitry Gorin | Mar 22, 2022 | 0 Comments

It is illegal to produce, possess, receive, or transport certain explosives in California. The law on this is outlined in the state Health and Safety Code 12085 which says “Nobody shall make, possess, or transport any explosive in a manner prohibited by any ordinance of a city, county, or by the laws or...

Hate Crime Law in California

Posted by Dmitry Gorin | Mar 17, 2022 | 0 Comments

People often think of civil rights violations committed by government actors such as police or governmental employees. When these violations take place, remedies include evidence suppression and civil lawsuits. It is uncommon for a government actor to be criminally charged for a civil rights...

What is a Criminal Conspiracy?

Posted by Dmitry Gorin | Mar 16, 2022 | 0 Comments

In California, conspiring with others to commit a crime is a serious offense in itself. So serious, in fact, that if you are convicted of criminal conspiracy under Penal Code 182 PC, you could be facing the same penalties as if you had committed the crime—whether or not you carried it out. A “conspiracy”...

What is Intimidating a Witness or Victim?

Posted by Dmitry Gorin | Mar 04, 2022 | 0 Comments

It is a serious offense in California to prevent a witness or victim to a crime from reporting it to authorities or testifying concerning it. Intimidating or dissuading a witness, otherwise known as "witness tampering," may be charged as either a misdemeanor or a felony under Penal Code 136.1 PC...

What are the Illegal Gambling & Gaming Laws?

Posted by Dmitry Gorin | Feb 25, 2022 | 0 Comments

California Penal Code 330 PC makes it a crime for engaging in gambling, also known as “gaming,” by use of a “banking or percentage game. Social poker games are completely legal in California, along with other socially played games of chance, skill, and strategy that involve individual bets. Penal Code...

What are the Disobeying a Peace Officer Laws?

Posted by Dmitry Gorin | Feb 24, 2022 | 0 Comments

In their mission to serve and protect, law enforcement officers have the authority to issue orders to people to execute their duties. When a person is approached by a police officer or pulled over by an officer for a suspected traffic violation, they are expected to follow the officer's orders. These orders might...

What are the Penalties for Indecent Exposure?

Posted by Dmitry Gorin | Feb 18, 2022 | 0 Comments

In the State of California, indecent exposure is considered one of the “lesser” sex crimes—a misdemeanor for the first offense—but the ramifications of a conviction can haunt you for many years to come. The penalties for a conviction depend on the circumstances of the offense and whether it is a first...

What are the Oral Copulation with a Minor Laws?

Posted by Dmitry Gorin | Feb 17, 2022 | 0 Comments

According to Penal Code 287 PC, it is a crime in California to engage in oral copulation with anyone under 18—even if the engagement is consensual and even if both parties are underage. PC 287 also applies if the oral copulation was completed by force, violence, or fear. This sexual-related crime is a...

What is Forcible Sexual Penetration with a Foreign Object?

Posted by Dmitry Gorin | Feb 16, 2022 | 0 Comments

In California, it is a felony to cause sexual penetration with a foreign object upon anyone against their will. According to Penal Code 289 PC, it is considered forcible sexual penetration when it is “accomplished against the victim’s will using force, violence, duress, menace, or fear of immediate and unlawful...

What are the Sexual Assault Laws in California?

Posted by Dmitry Gorin | Feb 15, 2022 | 0 Comments

Sexual assault, also called "sexual battery," is a serious offense. Sexual assault crimes in California range from misdemeanor to felony offenses, but even a misdemeanor charge can carry serious long-term consequences if you are convicted. Not only could you be facing significant jail time and...

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