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California's Stand Your Ground Law

Posted by Dmitry Gorin | Feb 16, 2024 | 0 Comments

Suppose you acted in self-defense against an attacker in California but are now facing possible criminal charges. You may cite California's "Stand Your Ground" law as a viable defense in that case. Like many states, California gives people the legal right to defend themselves against imminent t...

The Duress Defense in California

Posted by Dmitry Gorin | Feb 13, 2024 | 0 Comments

Under California law, if you are charged with a crime that you committed because someone was threatening you with immediate harm or death otherwise, you may be able to claim duress as a valid defense. However, the crucial question is what constitutes duress. The duress defense, also called coercion...

How is Retrograde Extrapolation Used in DUI Cases?

Posted by Dmitry Gorin | Jan 19, 2024 | 0 Comments

If you're arrested on suspicion of DUI in California, you're required to submit to either a breath test or a blood test. However, the police know that between the time you're arrested and the time you're tested, your Blood Alcohol Content (BAC) may drop—possibly even to within acceptable BAC levels...

What is the Statute of Limitations for Hit-and-Run?

Posted by Dmitry Gorin | Jan 18, 2024 | 0 Comments

Leaving the scene of a traffic accident (hit-and-run) is a crime in all states, but most states have a short statute of limitations (SOL) for when prosecutors can file charges.  However, the State of California law takes hit-and-run very seriously, so in 2013, state legislators extended the SOL ...

Pros and Cons of Waiving a Criminal Jury Trial

Posted by Dmitry Gorin | Jan 17, 2024 | 0 Comments

When you're charged with a crime, you have a constitutional right to be tried by a jury of your peers. This right is provided in Article III, Section 2, Clause 3 of the U.S. Constitution and guaranteed by the Sixth Amendment. The Sixth Amendment says, “In all criminal prosecutions, the accused...

Will My Misdemeanor Warrant Ever Expire?

Posted by Dmitry Gorin | Jan 16, 2024 | 0 Comments

In California, it's not uncommon for someone to have an outstanding warrant for arrest on a misdemeanor charge and never realize it—only possibly finding out about it months or even years later. Perhaps it shows up on a criminal background check or happens when you're pulled over for a routine...

Which Crimes Require DNA Submission?

Posted by Dmitry Gorin | Jan 15, 2024 | 0 Comments

Every state currently has laws on the books requiring those convicted of certain felonies to submit DNA samples to go into that state's crime database. Thirty states also have laws regarding pre-conviction submission of DNA, meaning defendants must submit samples even if they haven't been...

New Fentanyl Laws in California

Posted by Dmitry Gorin | Jan 15, 2024 | 0 Comments

Considering the recent surge in fentanyl-related deaths, concerns about the drug have escalated drastically. Fentanyl has been the main driver behind a significant increase in drug overdose deaths in the United States—including California, where fentanyl has become the leading cause of overdose...

Price Gouging - Penal Code 396 PC

Posted by Dmitry Gorin | Dec 26, 2023 | 0 Comments

In California, price gouging is a misdemeanor offense under Penal Code 396 PC. This law is primarily applicable during declared states of emergency, such as earthquakes, floods, or pandemics, when unscrupulous individuals or businesses might attempt to exploit the situation by drastically...

What Is a Body Attachment Warrant?

Posted by Dmitry Gorin | Dec 21, 2023 | 0 Comments

In California, it can be unnerving to be approached by law enforcement—even more so to be told that you have been named in a "body attachment" warrant and that they are placing you under arrest to take you to court. The term "body attachment" can sound quite intimidating, but it's one of the...

Can PTSD Be Used as a Defense Against Criminal Charges?

Posted by Dmitry Gorin | Dec 18, 2023 | 0 Comments

Suppose you are a person suffering from Post-Traumatic Stress Disorder (PTSD) and find yourself facing criminal charges in California. In that case, it's only natural to question whether your condition might have influenced your actions. PTSD is a mental illness that is triggered by experiencing...

Can You Get a DUI for Taking Prescribed Drugs?

Posted by Dmitry Gorin | Dec 18, 2023 | 0 Comments

Let's discuss whether you can get charged with driving under the influence (DUI) in California with only legally prescribed drugs in your system. If you have recently been arrested and charged in California with DUI for suspected drug impairment, known as DUID, you might be confused as to how the...

What Are the Types of Crimes in California?

Posted by Dmitry Gorin | Dec 14, 2023 | 0 Comments

If you violate the law in California, you may be charged with one of three offenses: infractions, misdemeanors, or felonies. Of these three, only misdemeanors and felonies are considered crimes and can result in a criminal record.  Within these categories, there are also “wobblers,” which may be...

Are Rape Kits Reliable Evidence in Sexual Assault Cases?

Posted by Dmitry Gorin | Dec 07, 2023 | 0 Comments

Criminal cases involving sexual assault or rape charges are complex, often hinging on the collection and interpretation of physical evidence. One of the primary tools used to gather DNA evidence is the Sexual Assault Evidence Kit (SAEK), commonly referred to as a "rape kit." If someone has accused...

Disorderly Conduct in California - Penal Code 647 PC

Posted by Dmitry Gorin | Dec 06, 2023 | 0 Comments

In the State of California, disorderly conduct is a broad term that encompasses various behaviors deemed disruptive, offensive, or inappropriate in public spaces. Penal Code 647 PC regulates these offenses, which outlines specific acts of disorderly conduct and their respective penalties. Disorderly...

What is the Heat of Passion Defense?

Posted by Dmitry Gorin | Dec 05, 2023 | 0 Comments

If you have been charged with Penal Code 187 PC murder in California, you could be facing the most severe penalties allowed in the state if you are convicted. Second-degree murder carries a sentence of 15 years to life imprisonment, while the punishment for first-degree murder is 25 years to life...

Is it Illegal to Steal Wi-Fi?

Posted by Dmitry Gorin | Dec 04, 2023 | 0 Comments

We live in a time where online access points (including Wi-Fi) are ubiquitous. In many locations here in California, one can open their laptop and detect several Wi-Fi networks. It's too easy for someone to notice their neighbor's Wi-Fi isn't password-protected, or perhaps even "guess"...

Can the "Affluenza" Defense Be Used in California?

Posted by Dmitry Gorin | Dec 04, 2023 | 0 Comments

Does growing up with financial privilege make people less aware of cause-and-effect or right and wrong? More to the point, can the fact that you were raised in an affluent household be used as a valid defense if you're charged with a crime? This phenomenon, known as the "affluenza"...

What Charges Can You Face for Sneaking into a Movie?

Posted by Dmitry Gorin | Nov 20, 2023 | 0 Comments

Sneaking into a movie theater without purchasing a ticket may appear to be an innocuous act. It seems part of the backstory of many aspiring actors, and most of us “wink an eye” at such activities as though everyone has done it occasionally. But in California, sneaking into a movie theater...

Things NOT to Do When Stopped by the Police

Posted by Dmitry Gorin | Nov 16, 2023 | 0 Comments

Interactions with law enforcement can be stressful and challenging, whether they pull you over for a traffic stop, approach you in public, or show up at your door. While citizens do have certain rights in these situations, many people make common mistakes during these interactions that...

Are Jailhouse Calls Recorded?

Posted by Dmitry Gorin | Nov 15, 2023 | 0 Comments

If you've been arrested by law enforcement, chances are you know from police television shows that you're supposed to get "one phone call." You're entitled to up to three phone calls in California under Penal Code 851.5 PC. What you may not realize, however, is that those phone calls may...

What is a PC 1275 Hold?

Posted by Dmitry Gorin | Nov 03, 2023 | 0 Comments

If you're charged with a crime in California, the presiding judge will determine if bail will be required for your pre-trial release and how much that bail will be. By law, bail money in California cannot have been obtained illicitly (i.e., through criminal activity). If it is suspected that you have used...

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