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Unlike in civil court procedure, where a motion to dismiss, usually for failure to state a claim, is a commonly used mechanism, the opportunities to move to dismiss a California criminal case are generally much more limited. Nevertheless, an experienced criminal defense attorney will look for bo...

California law prohibits both engaging in acts of prostitution and soliciting, meaning requesting, encouraging, or attempting to pay for, acts of prostitution. In the common parlance, this means that both prostitutes and “Johns” can be prosecuted under Penal Code Section 647(b). Many prostitutes...

Health and Safety Code Section 11351 contains California's prohibition on possessing or purchasing certain controlled substances with the intent of selling them to others. If the prosecutor is able to prove beyond a reasonable doubt that you possessed the controlled substance with intent to sell...

California Penal Code Section 484 denies the crime of petty theft and includes multiple subdivisions which address the specific crime of committing various types of thefts using credit or debit cards. These statutes define and punish the offenses that comprise credit card and debit card...

Penal Code Section 422 describes the crime of “criminal threats.” Under California law, it is unlawful to threaten to harm or kill another person when such threat places the victim in reasonable sustained fear for their safety or that of their loved ones. Specifically, the threat involved must b...

Domestic violence is described as physical or sexual violence against a current or former spouse, cohabitant, roommate, boyfriend, girlfriend, someone who has a child with the victim, or some other type of relationship that falls under the criminal domestic violence statute. In some cases, domest...

California Penal Code Section 261.5 defines the crime of statutory rape, which is also known as unlawful sex with a minor. The simplest way to understand this criminal statute is that it prohibits all sex with individuals under the age of 18. Given this broad definition, defendants and their love...

California Penal Code 314 defines the crime of indecent exposure. This offense occurs when someone willfully exposes their genitals in the presence of another person who might reasonably be offended or annoyed, and the exposure is done to draw attention to the genitals for sexual gratification or to...

Domestic violence allegations involving firearms are treated very seriously under California law. If you are accused of using or possessing a firearm during a domestic dispute, you could face severe criminal penalties, including jail or prison time, large fines, restraining orders, and the loss of your firearm rights.

A criminal protective order is normally issued in criminal cases with the primary purpose of restraining a defendant from harassing, physically abusing, stalking, or threatening the alleged victim. A protective order is just about always issued in cases involving violence or credible threats of v...

The vast majority of California criminal cases are resolved before taking the case to trial. They are settled through a plea agreement as most defendants will plead guilty rather than face the uncertainty of the outcome of a trial. While the meaning of a “guilty” plea is commonly understood, a “n...

The death of George Floyd and the subsequent protesting and civil unrest have raised numerous questions about the role and conduct of law enforcement, the need for and possibility of systemic change in the criminal justice system, and longstanding issues of race relations in the United States. A...

Lewd and lascivious acts with a minor under California Penal Code 288 is one of the most serious sex crimes prosecuted in California. A conviction can result in years in state prison, a strike under the Three Strikes Law, and mandatory sex offender registration. Penal Code 288 applies when an adult engages...

Pimping and pandering are both serious felony offenses under California's criminal laws. They involve the unlawful trafficking of others for purposes of commercial sex acts, meaning the exchange of money or other things of value for sexual acts, i.e. prostitution. Pimping and pandering are so cl...

The term “theft crime” actually covers a wide range of offenses that are commonly committed. Depending on the circumstances of your case and what you were charged with, you will be facing either misdemeanor or felony charges. There are numerous different statutes and definitions....

In the California criminal justice system, bail has to be posted with the court in order to get an inmate released from jail. It's designed to ensure they will appear for future court appearances. There are situations when a judge will release someone on their own recognizance, known as an OR rel...

Getting arrested for any type of crime is never a good experience. If you resist the police who are performing their lawful duties, it will always make a bad situation worse. This is not to suggest you don't have rights when you are stopped by police and decline to answer any questions. However,...

As with any criminal charge under California law, the best defense, meaning the defense most likely to result in the defendant's acquittal at trial or in convincing the prosecutor to offer an advantageous plea agreement, will differ from case-to-case depending on the particular facts and circumst...

Domestic violence is one of the most commonly prosecuted crimes under California's criminal law provisions. Our criminal defense law firm has represented numerous individuals who are charged with either misdemeanor or felony-level domestic violence offenses. Domestic violence crimes are consider...

There are numerous state and federal laws that are intended to protect environmental interests. Any violations of these laws can result in harsh penalties. Anyone accused of certain environmental crime could not only face jail time, but also be ordered to pay the costs of resulting cleanup. Any i...

If you have an active bench warrant or arrest warrant in California, you may be able to have it recalled and quashed without going to jail. Many people believe that once a warrant is issued, arrest is unavoidable. That is not always true. In many cases, an experienced California criminal defense attorney...

The coronavirus pandemic and its associated illness, COVID-19, has substantially disrupted the operations of the Los Angeles County criminal courts. While every county has responded differently to the crisis, there is universal agreement that social distancing is a primary priority and that accor...

Please note that this page is not intended to give up-to-the-minute information on the closure of the court system, nor is it an official government notice. For the most accurate and timely information, readers should consult the Los Angeles Superior Court's website directly at lacourt.org. On ...