The Constitution protects the rights of freedom of speech and religious expression. However, those rights only extend to the point where the rights of one do not infringe upon the rights of others. In the State of California, for example, the law specifically protects freedom of...
If you have been accused of a crime in California where a victim suffers a loss, the court may mandate that you make restitution to the victim as part of your sentence. However, mandating restitution and collecting it are two different things. California Penal Code 1214 PC is the law that makes...
Evidence tells a story. Because determinations made in court are mainly based on the available evidence, the act of tampering with evidence to make it tell a different story than what happened is a serious offense. In California, it is a crime under Penal Code 141 PC to tamper with evidence or to plant...
Just as it is against the law in California for a convicted felon to own or possess a firearm, it is also illegal for a convicted felon to possess any ammunition. This crime is embodied in California Penal Code 30305(a)(1) PC. In other words, this law makes it a crime to own, possess, or have custody of...
Functioning much like federal RICO (Racketeering Influenced and Corrupt Organization) charges, California Penal Code 186.2 PC was created to prosecute criminal enterprises at the state level. These offenses are referred to as “criminal profiteering.” PC 186.2 is part of the “California Control of Profits of...
Every motor vehicle in the United States is inscribed with a unique identifier known as a Vehicle Identification Number or VIN. This number is necessary for various purposes, including tracking auto registrations, insurance coverage, recalls, warranties, incidents of theft, etc. It's a misdemeanor...
Because pilots of airplanes, helicopters, and other aircraft rely heavily on visual prompts and aircraft sensors, any visual interference from the ground can have disastrous results. For this reason, it is a crime in California to shine a light or point a laser at an aircraft to interfere with its operation. The offense...
Infectious diseases spread through the population without much help—but when diseases are spread on purpose, that's another matter. In California, under Health & Safety Code 120290 HS, it's a crime to transmit infectious or communicable diseases to another person knowingly. This is commonly...
The question of capital punishment (the death penalty) has been a hot-button issue in the state of California for many years. While the courts and politicians have consistently moved toward abolishing the death penalty, voters have always (until recently) either refused to abolish it or fought to have...
When we see the depiction of a crime on television, we almost expect the criminal to wear a disguise or mask to avoid being identified and captured. But in the real-world state of California, doing so is a distinct and separate crime. Penal Code 185 PC makes it illegal to put on a mask, false whiskers...
As is the case in most states, it is a crime in California to resist arrest. However, the "resisting arrest" law (Penal Code 148 PC) is broadly written to include many other behaviors that constitute a criminal offense. Put simply, it’s a crime to impede or delay any public/peace officer or EMT from executing...
The Constitution of the United States protects the people’s right to peaceful assembly and protest. However, in some cases, protesting can cross the line into criminal activity. In the state of California, for example, Penal Code Section 169 PC makes it a crime to picket in or near a courthouse to...
California has particular laws regarding driving with open containers of alcohol in the car and consuming alcoholic beverages while driving. These laws are designed to prevent drunk driving and keep the roads safe for everyone. Open container laws are found in Vehicle Code 23221–23229 VC...
Felony offenses involving firearms are more severe and carry harsher punishments in California. Penal Code 12022 PC is a sentencing enhancement that applies to felony crimes committed while armed with a gun and adds significant prison time for any imposed felony sentence. Penal Code 12022 PC...
When someone calls and reports an emergency, first responders and other relevant agencies will be sent to deal with the situation. When somebody decides to intentionally report a crisis that does not exist, they are wasting taxpayer's money and tying up services that could be needed elsewhere...
In the State of California, it is a felony offense to attempt to bribe a judge, juror, or any other judicial officer. It is also a felony for jurors or judicial officials to accept bribes. Both are serious charges with harsh penalties, including up to four years in state prison if convicted. It's a felony crime in California...
If you have been accused of a felony crime in California, then it’s possible you could be released on bail pending your trial. There are even situations where you could be released from custody by the judge on your own recognizance, commonly known as an “OR release.” If by chance, you are released....
The question of when police can lawfully search a cell phone for evidence of a crime has been the subject of much debate. Cellphones, after all, are effectively mini-computers that may contain a wealth of information, and the fact that we carry these devices on our person could make it that much...
The legal age of consent in any state is when the law deems a person is old enough to consent to sex. In the State of California, the age of consent is 18. Thus, it is a criminal act to engage in sex with anyone under 18, and any person who does so could be charged with statutory rape under Penal....
California Penal Code 261 PC lays forth laws regarding the crime of rape. Under the law, it is considered rape if a person uses force, threats, or fraud to engage in non-consensual sexual intercourse with another person. What constitutes rape is when non-consensual intercourse occurs with someone...
In October of 2021, California’s state legislature officially enacted Assembly Bill 1171, which, among other things, repealed the state’s “spousal rape” law, formerly California Penal Code 262 PC. This act makes spousal rape subject to the same penalties as non-spousal rape defined under California...
If you are charged with a crime, the prosecution has a constitutional duty during the discovery phase to disclose all material evidence concerning your case—not just the evidence it has against you, but any exculpatory evidence that might work in your favor. If you or your attorney suspect the...
It is illegal to produce, possess, receive, or transport certain explosives in California. The law on this is outlined in the state Health and Safety Code 12085 which says “Nobody shall make, possess, or transport any explosive in a manner prohibited by any ordinance of a city, county, or by the laws or...
California Penal Code 667.71 PC imposes a sentence of 25-years-to-life in prison for habitual sex offenders. It’s defined as anyone convicted of certain sex crimes and then convicted again later of the same sex crime or another qualifying sex offense. The PC 667.71 habitual sexual offender law applies...
People often think of civil rights violations committed by government actors such as police or governmental employees. When these violations take place, remedies include evidence suppression and civil lawsuits. It is uncommon for a government actor to be criminally charged for a civil rights...
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