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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..

Some people are surprised that California has no specific state law prohibiting public urination. However, that does not mean you can't be charged with a crime for doing so.  Urinating in a public place can result in criminal charges under various state or local laws, depending on the circumstan...

While burglary is a serious offense regardless of the context, the State of California defines residential and commercial burglary with different criteria—and they are also punished differently. In simplest terms, residential burglary is considered first-degree burglary, while all other forms...

The arrival of the digital age has also, unfortunately, come with new ways to harass, bully, and threaten others. For this reason, California legislators have passed new laws to address these issues. To that end, Penal Code 653.2 PC criminalizes the act of electronic cyber harassment, also known as cyberbullying...

In the State of California, it is a crime to commit assault against someone else in any form—that is, to attempt to harm someone else physically. However, certain aggravating factors can make an assault charge more severe under California law, accompanied by the potential for more severe penalties...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...