Blog

Let's review the laws on hurling rocks and missiles at vehicles codified in California Penal Codes 219.1 and 219.2 VC. California law takes seriously the safety of the transportation of people and goods. For this reason, it is a crime to throw or hurl rocks, bottles, or other objects or missiles at "common carrier" vehicles under PC...

California Vehicle Code 40302 VC requires motorists to be arrested for traffic violations and taken before a judge when they fail to show their ID and their face, refuse to give a written promise to appear in court, or drive under the influence of alcohol or drugs. Otherwise, drivers who violate traffic laws would receive a...

California Penal Code 37 PC defines treason as warring against the state or adhering to its enemies. This felony offense carries the death penalty or life in prison without the possibility of parole. For most people, treason is considered primarily a crime against the United States under federal laws...

The State of California takes the accuracy of weights and measures very seriously in business and commerce. In fact, under Business & Professions Code 12024 BPC, it is a crime to sell a "false quantity" of any commodity, that is, to represent, price, and sell a commodity as being a certain quantity when it is actually less...

California Business and Professions Code 21628 BPC makes it a misdemeanor crime for a pawnbroker to knowingly fail to comply with certain mandatory reporting requirements about property that is bought, traded, or received. Pawnbrokers (secondhand dealers) and coin dealers are subject to strict regulations to ensure that...

Is It illegal in California to be present where controlled substances are being used? Most people understand that it is a crime in California to engage in illicit use of controlled substances, but can you be convicted of a crime simply for being in the same room (or car) where drug use is taking place? Technically, in some...

Let's review the case of People v. Malbry, where the Court of Appeals upholds the denial of a sex offender's petition for relief from registration. Effective January 1, 2022, California law provides for a three-tiered registration regime for defendants convicted of enumerated sex crimes. Penal Code § 290 categorizes sex... 

A warrantless search is unconstitutional under the Fourth Amendment. Searches pursuant to a warrant are preferred over searches conducted based on exceptions to the warrant requirements-Illinois v. Gates, 462 US 213 (1983). A warrant includes an affidavit from law enforcement, provided under penalty of perjury...

Real estate agents entrusted with significant responsibilities and access to sensitive client information play a crucial role in the complex world of real estate transactions. Their duties extend beyond facilitating property transactions, often involving legal and financial aspects. So, in California, when a real estate agent faces...

California Business and Professions Code 12024.1 BPC makes it a crime to misrepresent a charge for a service. If convicted, this misdemeanor carries up to six months in jail and a fine of up to $1,000 plus court costs. California law values honesty and integrity in business dealings, especially when charging for services...

Although most tax-related discrepancies may be resolved out of court by simply paying back taxes, the Internal Revenue Service (IRS) can utilize numerous federal laws to prosecute individuals and entities if it believes tax crimes have been willfully committed. Violators can face severe penalties, including hefty fines...

Facing criminal charges in California can be daunting for anyone, but the stakes are particularly high for licensed accountants. Accountants are entrusted with the sensitive financial information of businesses and individuals, and in many cases, violating those fiduciary responsibilities can make an accountant criminally liable...

As a chiropractor practicing in California, you provide a vital healthcare service by helping patients manage and alleviate pain through non-invasive treatments. At the same time, yours is a position calling for high professionalism and public trust. Even the most diligent chiropractor can become overwhelmed when work-related...

Most people think of attorneys in the context of those who defend against (or prosecute) criminal offenses. But what happens when the lawyer is charged with a crime? Attorneys are subject to the same laws as everyone else, and just like other individuals, lawyers can sometimes find themselves entangled in the complexities...

As a physician, you are not just a healthcare professional but a pillar of trust and responsibility in the lives of others. Your role is not just a job but a vital part of the healthcare system, as people entrust their lives to you. For physicians in California, the repercussions of criminal charges can be profound and far-reaching...

Powdered alcohol is a form of alcohol that has been absorbed into a powdery substance. While not a new concept, the recent re-emergence of powdered alcohol (triggered in part by one company that has branded it as "Palcohol") has generated controversy over the past few years, leading to questions ...

Let's review the topic of admissible evidence not being required to support a pretrial detention order. The California Supreme Court left trial courts with substantial discretion to determine if evidence, whether admissible under the Evidence Code or not, is sufficiently reliable to support a detention...

Let's review whether you can still be prosecuted for domestic violence in California if your accuser refuses to testify. Being accused of domestic violence is a very serious matter, one that can result in immediate disruptions for the accused (including arrest, detention, and restraining orders) ...

Let's review domestic violence against a disabled person in California, defined under Penal Code 368(b) PC. When domestic violence is committed against a disabled spouse or other family members, it falls under the broader category of elder abuse. Penal Code 368(b) PC is designed to protect...

In California, DUI checkpoints often cause contention among drivers and constitutional watchdogs. The primary question revolves around whether these checkpoints infringe upon drivers' Fourth Amendment rights, which protect citizens from unreasonable searches and seizures by law enforcement...

Let's review whether you can refuse a hand-held preliminary alcohol screening (PAS) breath test before you are arrested for driving under the influence (DUI) in California. Suppose you've been pulled over on suspicion of driving under the influence (DUI) by law enforcement in California. In that...

Suppose you were arrested in California but never charged with a crime. In that case, can it still appear on your record? It's not uncommon for someone to get arrested and only be released with no charges filed. Perhaps you were arrested on suspicion of a crime, but there was insufficient....

What is the legal definition of "possession" of a controlled substance? In California, illegal possession of a controlled substance is a crime under Health and Safety Code Sections 11350 and 11377 HSC. California Health and Safety Code 11350(a) HS makes it a misdemeanor offense to be in the unlawful...

Let's review when workplace harassment becomes a criminal offense in California. Workplace harassment is a serious issue that affects employees' well-being and productivity. In California, workplace harassment can escalate from a civil matter to a criminal offense under certain circumstances...

Let's review what happens when someone is booked into custody after an arrest in California. The prospect of being arrested and taken into custody can be daunting for anyone, especially if you are unfamiliar with the process. Because you are suddenly put in an environment where you have little...