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While California law is especially strict when it comes to driving under the influence of drugs or alcohol, those standards are even more stringent for commercial drivers. While successive DUIs can result in progressively longer suspensions of a standard driver's license in most cases, CDL licenses...

Domestic violence cases are fraught with complexities that challenge law enforcement, victims, and the legal system. In California, stringent protocols are in place for law enforcement officers to protect victims from further violence even before formal charges are filed. For example, police are...

Under law, the statute of limitations (SOL) refers to the maximum period of time after an event within which legal proceedings may be initiated. This legal principle ensures that cases are brought to court within a reasonable timeframe. In the case of criminal offenses, it protects individuals from facing...

If you are facing accusations of domestic violence in California, you face a high probability of being served with a restraining order. This legal measure protects the victim by legally limiting the accused's actions. If this happens, it can raise a slew of questions, including whether or not the restraining order...

A common question is what the difference is between expunging a record and having it sealed. When you're arrested, charged with a crime, or convicted of a crime, these court actions become a matter of public record, accessible via employer or criminal background checks, etc. These records can impact...

The intricacies of consent laws have garnered significant attention across the United States in modern times, particularly regarding the allowances and restrictions they impose on teenage relationships. Many states have adopted “Romeo and Juliet” laws, statutes designed to prevent the prosecution...

In California, the terms “rape” and “sexual assault” are often used interchangeably in everyday conversation, but legally, these terms carry different definitions, legal standards, penalties, and defense strategies. Generally, you commit the felony crime of Penal Code 261 rape if you have non-consensual...

If you're convicted of a crime in California, state law is usually quite specific regarding its sentencing guidelines. The judge pronounces a sentence according to the guidelines, which is the time you typically serve. However, there are other times, mainly with severe offenses, when sentencing...

If you have been charged with a crime in California and have entered a plea agreement, California law says you have the legal right to be sentenced by the same judge who accepted your plea bargain. This legal concept has come to be known as "Arbuckle rights," originating from the 1978 case...

The Constitution's Fourth Amendment protects individuals against "unreasonable searches and seizures" by requiring law enforcement and investigators to obtain a valid warrant first—and then they must show probable cause to obtain the warrant. However, over time, case law has provided many...

In the state of California, when you drive a vehicle, you are doing so under the understanding that if an officer arrests you on suspicion of DUI, you are giving your consent to submit to blood or breath tests to verify your blood alcohol content (BAC). This principle is known as "implied consent...

The terms “extortion” and “blackmail” are often used interchangeably. In California, they are treated as the same offense defined by Penal Code 518 PC and punished similarly. However, there are some nuanced differences between these two types of acts, even though the penalties for extortion and...

In the State of California, making statements under oath is taken very seriously—typically because, in many cases, the integrity of justice being served depends on the truthfulness of the statement.  Therefore, perjury is a serious felony in California as defined by Penal Code 118 PC. If you intentionally...

Suppose you're facing criminal charges in California, and the evidence against you is reasonably compelling. In that case, your attorney may attempt to negotiate a plea deal—or, in some cases, the prosecution may offer such a deal. In a plea agreement, you agree to plead guilty to certain charges...

California has long been at the forefront of consumer protection, enacting strict laws to safeguard its residents from unfair, deceptive, and fraudulent business practices. California's Consumers Legal Remedies Act is a set of laws that protects consumers from false advertising, fraud, and other...

In California, you have the right to defend yourself against an attacker without retreating, and your right to self-defense will be protected, provided that the amount of force you use is proportionate to the perceived threat (not necessarily the actual threat).  This includes using a firearm in self-defense...

If someone violates your rights under the law or otherwise causes loss, you can sue them in court. However, when the perpetrator is a police officer or other law enforcement official acting in their duties, the government protects them from lawsuits unless a constitutional right has been clearly violated...

In California, the criminal charge of “possession with intent to distribute” a controlled substance is a more serious offense than simple possession. Specifically, it's a felony as opposed to a misdemeanor. This crime is often called “drug possession with intent to sell” and is codified under California...

Let's review whether you need a criminal defense attorney during a police interrogation, even if you are innocent. If you are falsely accused of committing a crime you didn't commit, then you are not alone. Sometimes, it might seem harmless to cooperate with the police, especially when you think...

In the fall of 2023, Los Angeles County implemented a significant change in its pretrial justice system by introducing what has come to be known as the "Zero Bail" policy.  This policy is a radical departure from the traditional cash bail system and fundamentally changes how the city's criminal justice...

If you pay a civil demand letter for shoplifting in California, will it protect you from criminal prosecution? This is a common question and a hotly debated topic. If you are accused of shoplifting from a store, perhaps backed by video camera evidence, you may receive a civil demand letter...

Let's review new prohibitions on law enforcement using deceptive interrogation practices on juveniles under California Assembly Bill 2644 (AB 2644). During law enforcement interrogations, it's common practice for police to resort to specific psychological "tactics" to get a detainee either to.....

Most people in California are at least vaguely familiar with the requirement to register as a sex offender if you are convicted of certain sex crimes. However, these crimes aren't the only offenses requiring inclusion on a registry.  Once you have been convicted of arson or attempted arson, if you...

California has become an increasingly international community, with individuals from other countries commonly finding themselves behind the wheel. Suppose you are a foreigner operating a motor vehicle. In that case, you're generally permitted to do so if you have a current license from your count...

In California, criminal law clearly distinguishes individuals participating in crimes in various capacities. If you are accused of assisting someone in the planning or execution of a crime (either before or during the crime), or if you help someone avoid the law after committing a crime, you can be charged..