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Motions to Dismiss in California Criminal Cases

Posted by Alan Eisner | Aug 11, 2020 | 0 Comments

Unlike in civil court procedure, where a motion to dismiss, usually for failure to state a claim, is a commonly used mechanism, the opportunities to move to dismiss a California criminal case are generally much more limited. Nevertheless, an experienced criminal defense attorney will look for bo...

California's Criminal Threats Law - Penal Code 422

Posted by Alan Eisner | Jul 31, 2020 | 0 Comments

Penal Code Section 422 describes the crime of “criminal threats.” Under California law, it is unlawful to threaten to harm or kill another person when such threat places the victim in reasonable sustained fear for their safety or that of their loved ones. Specifically, the threat involved must b...

California Crime of Statutory Rape - Penal Code 261.5

Posted by Alan Eisner | Jul 27, 2020 | 0 Comments

California Penal Code Section 261.5 defines the crime of statutory rape, which is also known as unlawful sex with a minor. The simplest way to understand this criminal statute is that it prohibits all sex with individuals under the age of 18. Given this broad definition, defendants and their love...

Domestic Violence Charges with Firearms in California

Posted by Alan Eisner | Jul 22, 2020 | 0 Comments

If you are convicted of domestic violence in California, you can be facing severe life-altering consequences. Depending on the details of you case, this can include county jail or state prison time and large fines. You might even lose your right to possess or own a firearm for life. Additionally...

What Happens If I Violate a Protective Order in California?

Posted by Alan Eisner | Jun 29, 2020 | 0 Comments

A criminal protective order is normally issued in criminal cases with the primary purpose of restraining a defendant from harassing, physically abusing, stalking, or threatening the alleged victim. A protective order is just about always issued in cases involving violence or credible threats of v...

What is a “No Contest” Plea Under California Law?

Posted by Alan Eisner | Jun 20, 2020 | 0 Comments

The vast majority of California criminal cases are resolved before taking the case to trial. They are settled through a plea agreement as most defendants will plead guilty rather than face the uncertainty of the outcome of a trial. While the meaning of a “guilty” plea is commonly understood, a “n...

Prosecution and Defense of Los Angeles Police Officers

Posted by Alan Eisner | Jun 17, 2020 | 0 Comments

The death of George Floyd and the subsequent protesting and civil unrest have raised numerous questions about the role and conduct of law enforcement, the need for and possibility of systemic change in the criminal justice system, and longstanding issues of race relations in the United States. A...

When Does a Theft Crime Become a Felony in California?

Posted by Alan Eisner | May 20, 2020 | 0 Comments

The term “theft crime” actually covers a wide range of offenses that are commonly committed. Depending on the circumstances of your case and what you were charged with, you will be facing either misdemeanor or felony charges.  There are numerous different statutes and definitions in California r...

When Can I Post Bail After a Los Angeles County Arrest?

Posted by Alan Eisner | May 17, 2020 | 0 Comments

In the California criminal justice system, bail has to be posted with the court in order to get an inmate released from jail. It's designed to ensure they will appear for future court appearances. There are situations when a judge will release someone on their own recognizance, known as an OR rel...

What Happens if You Resist Police During an Arrest?

Posted by Alan Eisner | May 13, 2020 | 0 Comments

Getting arrested for any type of crime is never a good experience. If you resist the police who are performing their lawful duties, it will always make a bad situation worse. This is not to suggest you don't have rights when you are stopped by police and decline to answer any questions. However,...

Common Defenses in California Domestic Violence Cases

Posted by Alan Eisner | May 10, 2020 | 0 Comments

As with any criminal charge under California law, the best defense, meaning the defense most likely to result in the defendant's acquittal at trial or in convincing the prosecutor to offer an advantageous plea agreement, will differ from case-to-case depending on the particular facts and circumst...

Environmental Crimes Under California Criminal Law

Posted by Alan Eisner | May 05, 2020 | 0 Comments

There are numerous state and federal laws that are intended to protect environmental interests. Any violations of these laws can result in harsh penalties. Anyone accused of certain environmental crime could not only face jail time, but also be ordered to pay the costs of resulting cleanup. Any i...

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