No one likes a traffic stop. Especially after a night out with friends, the anxiety one feels when being pulled over is entirely understandable. It is essential to be aware of drivers’ most common mistakes and how to avoid them when interacting with law enforcement. Taking proactive measures can protect your rights and significantly improve the potential outcome of a DUI stop. Lack of Understanding: Know Your Rights Many people believe that during a DUI investigation at a traffic stop, you must comply with all requests made by law enforcement. In California, this is not the case. You have the ..read more

Identity theft cases are complex and sensitive due to the intricate nature of tracking and proving the misuse of personal information. The emotional toll on victims, coupled with the need for thorough investigation, adds many layers to addressing these crimes. For individuals accused of identity theft, life can become extremely stressful. While many challenges exist for the accused, these cases can be resolved favorably. Exercise your right to remain silent and your right to an attorney if you are under investigation or are facing charges of identity theft. What are the Main Types of Identity ..read more

In the intricate realm of criminal law, defendants possess certain rights and avenues to challenge legal proceedings. One such mechanism is found in California’s Penal Code 995, which provides the framework for a crucial legal tool – the motion to dismiss. Understanding California Penal Code 995 and the “motion to dismiss” is crucial for defendants navigating the criminal justice system. Armed with knowledge about the purpose, grounds, process, and potential outcomes, individuals facing criminal charges can make informed decisions about their legal strategy. Understanding Penal Code 995 Penal ..read more

Arrest records can have a lasting impact on individuals, affecting various aspects of their lives, including employment opportunities and housing prospects. In California, there is an option to address this concern through record sealing. To successfully seal an arrest record in California, it is vital to have a firm grasp on legal criteria, procedures, and the potential benefits of sealing arrest records in the state. Understanding Record Sealing in California To seal an arrest record requires that a verified petition is filed at least 15 days before the hearing. The petition must include de ..read more

In the complex and sensitive matter of homicide, several state laws may come into play. One legal concept that deserves attention is excusable homicide. It is essential to understand the concept of self-defense generally, the legal criteria behind excusable homicide, potential defenses, consequences, and how skilled criminal defense attorneys approach excusable homicide in their work. What Constitutes Excusable Homicide? Excusable homicide refers to a category of homicide that is considered justifiable under the California Penal Code (“Cal. Pen. Code”) § 195, which provides that: “Homicide is ..read more

Possession, use, sale, and transportation of a controlled substance are all serious legal offenses. You may be looking at significant jail time if you have been arrested for a drug crime in California. The Fourth Amendment of the United States Constitution protects people against unreasonable search and seizure. In many cases, overzealous law enforcement officials overstep the bounds of their authority when conducting a search or petitioning a judge for a warrant. If you are facing drug charges and the evidence against you was illegally obtained by law enforcement, your criminal defense attor ..read more

Throughout the State of California, local task forces have been established to prevent welfare fraud. These task forces are well-staffed with enthusiastic investigators who build strong cases before handing them off to prosecutors. Local prosecutors are eager to convict people of welfare fraud. It provides good headlines and helps get them reelected. Prosecutors have a lot of discretion when it comes to which cases they decide to pursue and the type of penalties they seek. If you are being investigated for welfare fraud, you could be looking at serious jail time. It’s important to have an exp ..read more

One of the main priorities of the federal Securities and Exchange Commission (SEC) is to investigate insider trading. Allegations of insider trading can have severe criminal and civil repercussions. Federal courts impose strict penalties, including steep fines and prison terms. A criminal conviction may also lead to civil litigation. Understanding Insider Trading Illegal insider trading occurs when a director, major shareholder, or other insider of a corporation who has material information unknown to the general public trades securities in a manner that violates a relationship of trust. Alth ..read more

Consent plays a critical role in specific legal contexts. These include the determination of certain sex crimes, such as sexual assault and statutory rape. The informed consent doctrine is key in determining whether a healthcare provider has acted negligently. Consent can also be a factor in Fourth Amendment rights, intoxication, and other legal issues. What Constitutes Consent in California? Specific guidelines define consent in California. Under state law, an individual consents only if they act freely and voluntarily and have knowledge of the nature of the act or transaction involved. For ..read more

The crime of assault is a misdemeanor under California law. However, assault with a deadly weapon is considered a felony under California Penal Code § 245. Because the penalties for felonies are more severe than misdemeanors, understanding what qualifies as a “deadly weapon” is vital to mounting an effective criminal defense strategy. Deadly Weapon Defined Pursuant to California Penal Code § 245, “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four yea ..read more