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Retailers and shop owners generally understand they have the right to take reasonable measures to protect their interests. To that end, most states, including California, have adopted the common law concept of "merchant's privilege"— the right of store owners and employees to detain...

Polygraph tests, also known as lie detector tests, have been used as a tool in criminal investigations since the early 20th century. The test measures an individual's physiological responses, such as heart rate, blood pressure, and perspiration levels, to determine whether they are...

In the State of California, it’s a criminal offense in itself to attempt to evade a police officer’s motor vehicle, defined under Vehicle Code 2800.1 VC.  Driving on the wrong side of the road is also a violation. However, when you do both at the same time, it’s much more dangerous. Driving in...

The California Highway Patrol (CHP) is granted authority to enforce the state's roadways laws— CHP officers represent that authority. They primarily patrol the interstates and highways and are authorized to make arrests and issue traffic citations. They drive specially marked vehicles and...

Despite California's strict gun laws, the state does allow certain eligible residents to obtain a permit for a concealed carry weapon (CCW). That said, applicants for CCW permits must meet stringent eligibility standards detailed in Penal Code 26150 PC and Penal Code 26155 PC...

Like most states, California penalizes moving violations with traffic fines and points on your driving record. These penalties become more severe with subsequent offenses up to having your driver's license suspended or revoked. A habitual traffic offender is defined as driving on a suspended...

Bigamy refers to the act of entering into a marriage with someone while already legally married to another person. In California, bigamy is a criminal offense under Penal Code 281 PC. Simply put, this law makes it illegal to marry one person while you are still married to someone else...

Penal Code 527 PC makes it illegal in California to publish, sell, or offer any fake court order for sale, knowing that it's false or fraudulent. This law aims to maintain the integrity of the legal system and prevent individuals from using false court documents to deceive others or gain an...

California Vehicle Code 23582 VC is a sentencing enhancement that imposes additional penalties on individuals convicted of driving under the influence (DUI) while driving recklessly and at excessive speeds. This section aims to deter dangerous driving behavior that increases the risk...

The State of California imposes a stiff sentencing enhancement for convictions involving multiple charges of fraud or embezzlement involving large amounts of money. This enhancement, also called the "white-collar sentencing enhancement," is embodied in California...

In simplest terms, the act of "buying" or "selling" legislator votes is a serious form of corruption that undermines the entire legislative system. Therefore, it's a felony under California Penal Code 85 PC to give or offer a bribe to a legislator at any level of government. It's also a felony...

It's a serious crime in California to willfully add poison to food, water, or medicine to be consumed by humans. It is also a crime to falsely and maliciously claim that something has been poisoned. These crimes are embodied in California Penal Code 347 PC. If you are charged...

Damaging someone's vehicle can have costly, sometimes even dire, consequences. At best, it may result in expensive repairs; at worst, it could endanger someone's life if the vehicle is rendered unsafe. It's a crime under Vehicle Code 10853 VC to commit malicious mischief to a...

The freedoms guaranteed to U.S. citizens by the Constitution, such as Freedom of Speech and Freedom to Assemble Peaceably, extend only to the point that they don't interfere with the freedoms of others, such as the freedom to conduct business. It's a crime under Penal Code...

The railway system is vital to our transportation infrastructure, delivering tons of goods and millions of passengers daily. If railroad tracks are tampered with or obstructed, at best, it can cause costly delays, and at worst, it can cause millions of dollars in damage, injury, and even...

In California, you can be charged with a crime for making a credible threat to harm another person defined under Penal Code 422 PC. But if you make such a threat and then enter someone's home or workplace to carry out that threat, you can be charged with the separate...

The laws on assault weapons are regulated under California Penal Code Section 30600. It basic terms, this statute prohibits possessing, manufacturing, selling, loaning, and transferring assault weapons and a .50 Browning Machine Gun rifles. It’s should be noted that possession...

In our law firm’s criminal defense practice, police procedures are closely examined for possible Fourth Amendment violations after they seize cash, drugs, or other forms of evidence in a state or federal criminal case. In addition, vehicle traffic stops often lead to a car search without...

The Second Appellate District of the California Court of Appeal upheld defendant Marlon Flores’ conviction for carrying a loaded unregistered handgun in violation of California Penal Code 25850(a) PC.  The case is People v. Flores, Appellate Case No. B305359. He initially entered...

California Court of Appeals clarifies the application of the discovery rule to the Statute of Limitations. One of the first issues to consider when defending an older criminal case is the Statute of Limitations (SOL). We often challenge the criminal pleading on a Demurrer when the...

The State of California authorizes private citizens to arrest perpetrators of crimes in certain circumstances. This provision is codified in California Penal Code Section 837 PC. If a citizen decides to arrest someone, they can do so on their own or lawfully ask others to help them in...

Under California law, fraud is defined as an intentional deception made for unfair personal gain or causing harm or loss to another person. To that end, the state has dozens of laws on the books criminalizing many types of fraud. Fraud is primarily considered a "white-collar crime"...

The State of California outlines specific rules concerning when and where local law enforcement can legally tow and impound your vehicle. These laws are embodied in California Vehicle Code 22651 VC. If your vehicle or situation meets the legal criteria, law enforcement can tow...

Let’s review the white-collar crime of securities fraud to better understand the California Corporate Securities Law of 1968, which regulates all offers and sales of securities. Of note is that all securities offered or sold have to be either qualified with the Commissioner of the...

California law makes animal owners generally responsible for any damage or injury their animals cause, and victims can file personal injury lawsuits against pet owners for such injuries. However, if you have a dog or other animal you reasonably know to be dangerous, and someone...