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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...

What Are the Signs of Sexual Misconduct by Teachers?

Posted by Dmitry Gorin | Nov 01, 2023 | 0 Comments

Let’s review the signs that your child’s teacher might be engaging in sexual misconduct with them. If you're a parent with a school-aged child, you entrust your child daily to one or more teachers with the expectation that they will protect and instruct them. Unfortunately, that trust is...

What Are Mitigating Circumstances in Criminal Cases?

Posted by Dmitry Gorin | Oct 31, 2023 | 0 Comments

If you've recently been charged with or convicted of a crime in California, that doesn't necessarily mean you will get the maximum sentence for your crime. In many cases, the judge will consider certain mitigating circumstances when determining your sentence. While these circumstances...

Can Police Collect DNA from a Minor?

Posted by Dmitry Gorin | Oct 30, 2023 | 0 Comments

DNA collection has become a key to modern criminal investigations. It offers unparalleled precision and reliability, allowing law enforcement agencies to confirm or refute suspects' involvement in a crime with a high degree of certainty. However, the issue of DNA collection becomes...

What is Proof Beyond a Reasonable Doubt?

Posted by Dmitry Gorin | Oct 30, 2023 | 0 Comments

In California criminal trials, let’s review what “proof beyond a reasonable doubt” means. This concept is integral to the criminal justice system in the United States, particularly in criminal law proceedings. This legal standard of proof is universal throughout the states, including in California...

What Are Specific Intent Crimes?

Posted by Dmitry Gorin | Oct 27, 2023 | 0 Comments

In common law, there is typically a distinction between crimes committed with specific intent and those committed with general intent. In the State of California, certain criminal offenses are referred to as "specific intent crimes." If you're charged with one of these crimes, the prosecutor has...

What Does “Dismissed Without Prejudice” Mean?

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

If your criminal charges are dismissed without prejudice, it means your case is not moving forward, and you're no longer charged with a crime—but it also leaves the door open for the prosecution to refile the same charges against you if they see fit. In other words, a case dismissed...

Will You Get Your Bail Money Back?

Posted by Dmitry Gorin | Oct 25, 2023 | 0 Comments

If you're arrested and charged with a crime in California, the judge will decide whether to release you on your own recognizance or to set bail. Bail is a financial arrangement between you and the court to secure your release from jail before trial. You must promise to appear at all future...

Can a DUI Cause Me to Lose My Professional License?

Posted by Dmitry Gorin | Oct 17, 2023 | 0 Comments

A conviction for California Vehicle Code 23152 VC driving under the influence (DUI) can carry more than just legal ramifications; it can also profoundly impact your life and career. In California, a DUI offense can threaten your professional standing and livelihood if you hold a license...

When Does Probable Cause Apply in California?

Posted by Dmitry Gorin | Oct 13, 2023 | 0 Comments

The Fourth Amendment to the Constitution protects American citizens from "unreasonable searches and seizures," along with warrants issued "without probable cause." This raises the question about what constitutes "probable cause" and when it applies—and probing this ambiguity is...

What Does It Mean If My Charges Are Dropped?

Posted by Dmitry Gorin | Oct 12, 2023 | 0 Comments

If you’ve been charged with one or more criminal offenses in California, it can bring a massive sense of relief to find out that some or all charges have been dropped.  Having charges dropped is one of the most desirable outcomes in criminal cases, making it a common strategy for...

Can a Registered Sex Offender Travel Internationally?

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

Being required to register as a sex offender can complicate life in many ways, limiting where you can live, work, etc. But how does it affect you if you need to travel internationally? For example, if you have business obligations overseas or plan on attending a family function in another...

Which Weapons Are Legal for Self-Defense in California?

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

In the State of California, the law acknowledges the right to self-defense, and the state permits using certain weapons for this purpose.  California has “Stand Your Ground” and “Castle Doctrine” laws. “Stand Your Ground” means that if somebody threatens you, you are not obligated...

What Are the Likely Outcomes for a Shoplifting Arrest?

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

While shoplifting is a misdemeanor offense under California Penal Code 459.5 PC, being arrested should not be taken lightly. This law makes it illegal to enter a commercial establishment intending to steal while it is open during regular business hours. The property's value must not exceed...

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