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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...

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"...

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"...

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...

The terms "sexual assault" and "sexual abuse" are often used interchangeably in our everyday vocabulary. Indeed, different states have broad and differing definitions for each. However, under California law, they represent two different categories of sex crimes with distinct meanings and...

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...

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...

A preliminary hearing provides essential tools for the defense team: to cross-examine the government’s case, put on affirmative defense evidence, argue for reduced bail, and seek dismissal of charges. When appropriate, our law firm uses the “prelim” stage to position the case for...

California Penal Code 637.7 PC makes it a crime to place an electronic tracking device "to determine the location or movement of a person." The law allows tracking devices on vehicles if the owner consents. But what if the person placing the tracking device is a co-owner of the vehicle?

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...

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...