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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...

A common question is whether domestic violence cases are a matter of public record in California. Being arrested and charged with a domestic violence crime can be highly disruptive to your life, even before you're convicted. Domestic violence (DV) charges carry significant implications that can...

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...

The appeals court continues to enforce Humphrey by requiring individualized determinations for pretrial detention and bail. Obtaining pretrial release for clients subject to a criminal arrest is crucial to preparing a defense to the criminal charges. A defense counsel's first priority with a new...

The common question is which California domestic abuse crimes can be charged as felonies? Domestic violence (DV) is generally charged as a misdemeanor offense. However, sometimes, the district attorney will file DV as a felony when the incident caused an injury, involved a deadly weapon, or a...

Domestic violence is a serious offense that carries significant legal consequences. In the state of California, what sets domestic violence apart from other criminal acts is primarily the relationship between the victim and the accused. For example, committing assault and battery against a stranger...

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...

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...

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...

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...