Be Careful Who You Are Friends With – You Can Be Arrested on a Warrantless Search If Police Are Searching for Your Friend, But Find Reason to Arrest You

Long Beach Court Convicts Tenant of Grand Theft for Breaching Rental Contract

State Appellate Court Rules That A Law Allowing Collection of DNA From An Arrestee Is Unconstitutional

Is A Statute of Limitations Flexible? A Recent Sexual Abuse Case Says It Is.

Appeals Court Overturns Alhambra Conviction for Possession of Ecstasy Pills

Those Accused of DUI in California Will Benefit from the U.S. Supreme Court Recently Declining to Create a “Forensic Evidence Hearsay Exception.”

Federal Conviction of Importing Marijuana Overturned for Improper Use of Rap Sheet

Trademark Infringement Is Counterfeiting, So Is It An Aggravated Felony For Removal Purposes?

Is an Endurance Athlete’s Fitness a Disadvantage in a DUI Breath Test?

Orange County’s Standard Sex Offender Probation Conditions, Imposed in Hundreds of Cases since 2003, Are Unconstitutional

Your Cell Phone May Incriminate You of More Serious Offenses in a Traffic Stop

If Visiting One in Jail, Be Careful What You Bring With You!

Prison Sentence? It May Be Served in County Jail Under A New California Law

Store Security Video Evidence, Without Any In-Person Identification, Can Be Used to Convict You

Police Sniff Dog Found Reliable to Court Despite Signaling the Presence of Narcotics That Did Not Exist

The Police Did Not Read Me My Miranda Rights – Will My Case Be Dismissed?

Criminal Liability for Animal Cruelty Was Vague Until Now

Arrested and Released for DUI? Think Again – The Police May Have Your Saliva DNA to Legally Re-arrest You

Ecstasy Opinion by Court Sure to Cause Misery

Warrantless Search of FedEx Package Containing Marijuana Held Improper And Case Dismissed

Underage DUI Is Not Similar To A Juvenile Offense for Sentencing in a Later Drug Case

DUI Double Jeopardy: Is Military NJP (Non-Judicial Punishment) a Criminal Prosecution, Thus Barring Further Civilian Prosecution?

Conviction Overturned for Felon in Possession of Firearm – Constructive Possession Not Proven

Is Being Unconscious While DUI a Defense to Second Degree Murder Charge? Appellate Court Says No.

When An Arrestee is Detained, It is Unconstitutional to Search a Car Without a Warrant

Conviction Overturned for Lewd Acts Upon a Child

Pandering Conviction Upheld Even When Victim is Already a Prostitute

Multiple Convictions For Embezzlement (Grand Theft) From Employer Proper When Takings Distinguishable

Life In Prison Without Possibility Of Parole Unconstitutional For Juvenile Nonhomicide Offender

In Counterfeit DVD And CD Case, Victim Cannot Recover Potential Economic Loss

Lifetime Requirement to Register as Sex Offender Not Eliminated When Felony Conviction Reduced to Misdemeanor

Drug Evidence Suppressed When Police Improperly Stop Vehicle

Cocaine Courier’s Sentence Not Reduced Due to Large Quantity Seized

Co-Owner Of Computer Can Validly Consent To Search Of Computer That Incriminated Other Owner Of Child Pornography Charges

Suspect’s Fifth Amendment Rights Not Violated When He Volunteered Statements About His Killing Another.

California Federal Court Errs in Imposing Residency Restriction on Man Who Has Illegal Sex Overseas

Conviction for Murder of Cop Reconsidered for DA Withholding Evidence

What Is An Arraignment?

Court Violates Murder Defendant’s Right to Cross-Examine Expert By Admitting Opinion Without Expert Testifying

Consenting To One Vehicle Search Can Mean Consenting To Multiple Searches

Insufficient Affidavit for Warrant Does Not Mean Search Is Always Invalid

Conspiracy Liability Very Broad for Robbery – Beware

A “No Contest” Plea to New Criminal Charges Can Constitute A Probation Violation

The Police Stole My Marijuana- Will My Homeowner’s Insurance Pay Me for My Loss?

Court Rules that Driving Includes Being Stopped At Red Light While Using Cell Phone

Restitution Order Can Apply To One Who Receives Stolen Property, But Does Not Participate in Burglary

If You Receive Miranda Warnings, Your Talking and Subsequent Silence to Certain Questions Can Be Used Against You As Adoptive Admissions

Ten New Laws to Know for 2012

Court Makes Mistake in Sentencing Mentally Disordered Offender to Treatment

An Admission Is Inadmissible If After An Illegal Search As The Fruit of a Poisonous Tree

Is Expungement Worth It?

Conviction Reversed for Mailing Threatening Communication

Why Is a “Wet Reckless” Better Than a DUI?

Conviction Reversed for District Attorney Withholding Evidence

Plea Bargaining By The Judge Is Illegal – Not an Indicated Sentence

Drug Diversion Programs – Prop 36 Versus PC 1000

Police Use of GPS on Drug Dealer’s Car Without a Warrant Held Improper; Evidence From it Thrown Out

Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?

What Is a Preliminary Hearing?

Judge May Prohibit Medical Marijuana Use As Term of Probation

Immigration Consequences of a Conviction for DUI

Second Probation Violation Hearing Improper After First Hearing Ended

License Suspended at DMV DUI Hearing Despite Improper Calibration of Breath Test Device

Conviction for Second Degree Murder by Child Neglect Upheld

Assembly Bill 327 (AB 327) – The Fix for Unfairness in California’s Three Strikes Law?

Ticket Thrown Out for Running Red Light Based on Red Light Camera

Conviction Related to Sexting Properly Required Sex Offender Registration

Street Terrorism Sentence Stricken When Defendant Already Punished for Underlying Arson and Criminal Threats

What Happens If Police Say I Refused a Breath or Blood Test?

Immigration Consequences of a Conviction for Domestic Violence

Immigration Consequences of a Conviction for Shoplifting

Immigration Consequences of a Conviction for a Drug Offense

Conviction Reversed for Burglary by Acetylene Torch at Best Buy

Federal Court Rules Collection of DNA from Felony Arrestee Constitutional

Court Vacates Sentence of 150 Years to Life By Dismissing Three Prior Strikes

Court Reverses Felony False Impersonation Conviction Involving Use of Birth Certificate

Granddaughter Guilty of Financial Elder Abuse Through Embezzlement and Moving Grandmother Out of Home

Conviction by Red Light Camera Upheld on Appeal

Five Years of PAS (Preliminary Alcohol Screening) Device Records Found Inaccurate in San Francisco

What is a DMV Hearing for a DUI?

Double Jeopardy Prevents Conviction for Criminal Threats Involving Rottweiler

Systematic Child Abuse Over Time Supports Aggravated Mayhem Conviction

What is a Motion for Civil Compromise?

What is Split Sentencing?

Delay of Over Four Years Before Filing First Degree Murder Charges Not Sufficiently Prejudicial to Merit Dismissal

Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt

What is a “Rising BAC” Defense to DUI?

What is the “Mouth Alcohol” Defense to DUI?

Sentencing Alternatives for Military Veterans Under Penal Code § 1170.9

What Is the Difference Between an Infraction and a Misdemeanor?

Bail and Can It Be Reduced?

One or Two Strikes? Appeals Court Says Two Attacks Thirty Minutes Apart

What is a Wobbler and May a Felony Be Changed to a Misdemeanor?

What Is the Difference Between a Misdemeanor and a Felony?

Court Rules Change in Petty Theft Limit Is Retroactive, Turning Certain Grand Theft Conviction Into Petty Theft

What is Private Jail?

Judge Makes Mistake in Sex Offender Registration After Sentencing for Felony Child Endangerment

Consecutive Sentences, Not Concurrent Sentences, Upheld in Forcible Sex Case

Defenses to Evading a Police Officer Depend Upon the Facts

Illegal Use of Disability Placards Can Lead to Far More Serious Charges

Felony Hit & Run Charges Involving Injury or Death Often Depends on Willfulness of Conduct

Mail Fraud Indictment Sustained for Case Involving Commercial Driver’s Licenses

What is a Critical Needs Restricted License?

Restitution in Domestic Violence Case Does Not Violate Harvey Rule

Eighth Amendment Challenge to Three Strikes Law Fails

Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room

I Lost My DMV Hearing for My DUI- Now What?

Conviction Reversed for Conspiracy to Commit Burglary of Junk Cars for Gasoline

How Do I Have My Arrest Record Sealed and Destroyed?

Can I Withdraw My Plea Based on Ineffective Assistance of Counsel?

Should I Waive A Jury Trial and Instead Have a Bench Trial?

“Bad Cops” and Pitchess Motions

Beware: Living With A Prostitute Can Be Illegal and Land You in Prison

How Much Time Will I Serve?

What is GERD and How Does It Affect DUI?

Do Crimes of Moral Turpitude Include Illegal Possession of Assault Weapon and Cultivating Marijuana?

How is Bail Set?

Orange County Judge Reversed for Refusing Production of Internal Affairs Witness Statements

Sixth Amendment Not Violated in Rape Case When Expert Introduces Hearsay That Supports Conviction

DUI Based on Being Under the Influence of Drugs

How Do I Have My Name Removed from the Megan’s Law Internet Listing?

What Happens at a Probation Violation Hearing?

Appeals Court Holds, in Ruling on a Romero Motion, that There Is No Automatic Dismissal for Strikes Arising from Same Act

Good Faith Exception to Officer’s Execution of an Improper Search Warrant Does Not Have Similar Application to an Improper Traffic Stop

Opening a Garage Door with a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed Burglary

What is Shoplifting and Its Defense?

What is Commercial Burglary (Penal Code § 459) and What Are the Defenses?

What is Carjacking?

Conviction Reversed for Possession of Burglary Tools (Penal Code § 466)

What is Robbery?

Are Criminal Threats Protected Speech Under the First Amendment? Appeals Court Say No

What is Embezzlement (Penal Code § 503)?

What is Passing Bad Checks (Penal Code § 476(a))

First Degree Residential Burglary Is a Crime of Violence Under Immigration Laws

What is Forgery?

What Are Illegal Tinted Windows (Vehicle Code § 26708.5)?

What Are the Limits of a “Protective Sweep” Search Without a Warrant?

Driving Without A Valid License (Vehicle Code § 12500(a)) Or On A Suspended Or Revoked License (Vehicle Code § 14601)

What Is Unemployment Insurance Fraud?

Witness Intimidation Can Make Admissible Otherwise Inadmissible Hearsay

What is Joyriding?

What is Grand Theft Auto?

When One Admits to Having Marijuana, A Search Is Legal When An Arrest Follows

Do Warrants Expire?

What is a Misdemeanor Pre-Trial Hearing?

What is Statutory Rape?

What is Rape?

What is False Imprisonment (Penal Code § 236)?

What is Disturbing the Peace (Penal Code § 415)?

What is Trespassing (Penal Code § 602)?

What Is Tampering with a Vehicle (Vehicle Code § 10852)?

Sixth Amendment Right to Fair Trial Means Family Can Be In Court During Sentencing

What Happens at a Felony Preliminary Hearing Setting Conference?

What is House Arrest as an Alternative to Jail?

What is Penal Code § 647(b), Prostitution and Solicitation for Prostitution?

What Is Mayhem (Penal Code § 203) and Aggravated Mayhem (Penal Code § 205)?

The Police Asked Me to Be An Informant- Should I?

Does the Law Against Carrying a Dirk or Dagger Violate My Constitutional Right to Bear Arms for Self Defense?

Destruction or Spoliation of Evidence Can Cause More Problems Than it May Seem to Solve

Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?

Twenty-Five Year to Life Sentence Not Improper for Failure to Register as Sex Offender

Seven Years to Life Sentence for Dissuading a Witness for Benefit of a Gang Reversed Because No Force Threatened

Federal Conviction Reversed for Assault Because Federal Officer Not Aware Defendant Threw Rock at Him

If I Am Arrested, Can Police Look At My Text Messages?

The Police Took Your Money, So You Usually Get it Back, Plus Interest.

First Degree Burglary Conviction Upheld When Residential Home Uninhabited And Realtor’s Wallet Is Stolen.

Juvenile Commits First Degree Residential Burglary By Stealing Guns From Closet Near Home Entry

Can An Anonymous Cell Phone Call to Police Support a Traffic Stop for DUI?

How Much Custody Credit Do I Get?

Second–Time DUI Offender Must Be Granted Restricted License After 90 Days of Actual Suspension.

What Are Criminal Threats and the Defenses to this Charge?

What Is Resisting Arrest Under Penal Code § 148(a)(1)?

Felony Vandalism Charges Proper When Prosecutor Adds Damages Up From Multiple Victims

What is “Resisting Arrest” Under Penal Code § 69?

What is Arson (Penal Code § 451 and § 452) and Its Defenses?

One Count of Indecent Exposure (Penal Code § 314) Proper Even if Multiple People Witness Conduct.

California Supreme Court Rules Multiple Punishments for Single, Gang-Related Act Violates Penal Code § 654.

Wiretap Information Leading to Seizure of 353 Kilograms of Cocaine Properly Denied to Defendant

Shooting Someone with a BB Gun Can Be Assault With A Deadly Weapon (Penal Code § 245(a)(1)).

A Juvenile Court May Not Automatically Transfer Case to Adult Criminal Court Without A Hearing

In DUI Case, Sixth Amendment Not Violated When Author to Lab Report Not Available

Police Detention Is Illegal When Based On Only One’s Resemblance To A Suspect

Operator Of Medical Marijuana Collective Is Entitled To Assert Defense Under Prop 215 And The MMPA

Confession Is Inadmissible When Probation Officer Promised Shorter Sentence If Suspect Waived Right To An Attorney

Can An Out of State Conviction Count As A Strike Under California’s Three Strike Law?

In Juvenile Vandalism Case Involving Graffiti, Restitution Cannot Include Investigation Costs

When Must a Juvenile Be Sentenced to a Juvenile Facility?

Involuntary Manslaughter Conviction Upheld For Injury From Eight Years Earlier

DUI Conviction Upheld Based on Ambien-Induced “Sleep Driving”

What is Kidnapping and Aggravated Kidnapping?

Juvenile Who Stole Car and Totaled It Must Pay Restitution that Included Interest On Car Loan

What is Child Abduction (Penal Code § 278)?

What is Assault (Penal Code § 240)?

Street Racing and Assault with Deadly Weapon (The Car) Conviction Upheld When Defendant Ran Red Light and Crashed

What is Reckless Driving (Vehicle Code § 23103)?

What is Vandalism and Graffiti (Penal Code § 594)?

Conviction for Possession of Materials to Produce Methamphetamine Reversed

Sentence for Juvenile of 100 Years is Cruel and Unusual Punishment or Aiding and Abetting Murder

Expungement Not Available When Probation Terminated In Domestic Violence Case

Dismissal of Forgery Charges Reversed Although Defendants Impersonated No One During Scheme

Removal Order Affirmed For Alien Convicted For Use Of Drug Paraphernalia

Ten Year Restraining Order Proper for Mother Who Stalks Husband and Scares Daughter

Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable

Court Incorrectly Grants Certificate of Rehabilitation By Not Evaluating Recent Drug Offense

DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools

What is Indecent Exposure (Penal Code § 314)

Partygoers’ Convictions For Attempted Murder Based on “Kill Zone” Theory Reversed

Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces Deportation

Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His Crop

What Is A STATIC-99 Report?

Thirteen New Crime-Related Laws to Know for 2013

Federal Judge Incorrectly Classifies Crack Seller as Career Offender

Man Who Impersonates Female’s Boyfriend While Having Sex Is Improperly Convicted of Rape

What is Meeting a Child for Lewd Purposes (Penal Code § 288.4)?

Unruly Defendant Removed From Courtroom Is Not Entitled to Have Audio or Video Feed to Hear or See Continued Testimony in Trial

Seventeen Year Old May Be Charged As An Adult With Federal Second Degree Murder Based on Lay Testimony That He Had Average Intelligence And Maturity

What Are the Defenses to Possession of Child Pornography (Penal Code § 311)?

Every Question About an Ignition Interlock Device ( I.I.D.) That You Had, But Were Hesitant to Ask

Restitution Order in Federal Court Improper When Calling for Immediate Payment

Conviction for Accessory to Shoplifting and Burglary Has Lesson For Those Defending Such Charges

Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was A Penal Code § 290 Registrant

Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled

Judge Makes Mistake In Allowing Letting Jury Hear Drug Cartel Evidence

Sentence Set Aside When Federal Judge Makes Mistake

Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges

Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Sexual Assault Claims

Defendant’s Sixth Amendment Right to Cross-Examination Not Violated When Confidential Informant Testifies Wearing a Wig and Sunglasses

Restitution Order in Federal Court Improper When Calling for Immediate Payment

Confrontation Clause of Sixth Amendment Not Violated When DNA Evidence is Admitted

Court May Not Involuntarily Commit a Mentally Retarded Person Without A Showing That Violence is Related to Retardation

A Principal in Disturbing the Peace May Be Sentenced to 25- Year-To-Life for Attempted Murder That Follows

Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not Rational

What is Receiving Stolen Property (Penal Code § 496)?

DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools

Murder and Robbery Conviction Overturned Where Defendant Confessed In Reliance on Detective’s False Promises of Leniency

Traffic Stop Proper Where Officer Sees Driver Texting While Parked, But Then Move While Making “Similar Movements”

In DUI Vehicular Manslaughter Case (Penal Code § 191.5), Police Can Download Car’s Computer to Show Speed at Impact

What Are the Limits of a “Protective Sweep” Search Without a Warrant?

Immigration Consequences of a Plea to Misdemeanor Criminal Threats Are Not Grounds to Vacate a Judgment

Is My Call From Jail to My Attorney Really Private?

U.S. Supreme Court Rules Drug- Detecting Dog’s Incorrect Signal Can Nevertheless Give Police Probable Cause to Search a Car

Is it Proper for the Prosecutor to Charge Me with More Than What Police Arrested Me For?

Appeals Court Affirms Denial of Petition for Factual Innocence (PFI) After Case Dismissed at Preliminary Hearing

Which County Will Prosecute Me If I Committed a Crime in Two Different Counties?

Adult Convicted of Resisting Arrest May Not Serve Sentence in County Jail Because of Juvenile Strike

Why the Megan’s Law Website Information Should Be For Police Use Only

Thirty Years to Life Sentence For Juvenile Sex Crime Defendant Not Cruel and Unusual Punishment

Standard Probation Conditions Authorizing Police to Conduct Warrantless Searches, With or Without Probable Cause, Upheld on Appeal When Police Find Felon on Probation with Shotgun

May A Sentence Enhancement Be Applied Twice on the Same Defendant for Acts on the Same Victim in the Same Day?

Conviction for Felony Resisting Arrest (Penal Code § 69) Reversed For Improper Evidence of Prior Resisting Arrest Incidents Introduced

U.S. Supreme Court Rules That Warrantless Use of Police Dog on Front Porch to Signal Drugs Violate the Fourth Amendment

Appeals Court Affirms LAPD Officer’s Conviction for Solicitation of Prostitution (Penal Code § 647(b))

10 Things To Do If Police Stop You For DUI

Appellate Court Denies Equal Protection Challenge of Lifetime Sex Offender Registration Requirement for Possession of Child Pornography

Defendant Does Not Have to Pay Restitution When Probation Terminated and Cases Dismissed

What is a Criminal Street Gang for Purposes of a Sentencing Enhancement?

What Happens If Probation Is Revoked And There is a Violation After The Probationary Period Ends?

Federal Sentence Enhancement Proper For Person Deported, But Subsequently Found Back In U.S. Serving Time in a California State Prsion

U.S. Supreme Court Rules Police May Not Draw Blood Without a Warrant When Suspect Refuses Breath or Blood Test

Juvenile’s Conviction for Disturbing the Peace under Penal Code § 415 (2) While Stealing a Cell Phone Not a First Amendment Violation

Man Convicted Making False Claim of Citizenship despite Claim He Suffered Delusion That Caused Him to Believe He was a Citizen

What Should I Wear and Bring to Court?

Women Who Allowed Parolee to Stay at Her House Is Guilty of Being an Accessory in Assisting a Parolee Abscond From Supervision

When Can a Judge Attach Conditions to Bail or Deny Bail?

What Are the HAM and MADD VIP Programs?

When Government Destroys Key Evidence of a Crime in a Federal Case, Dismissal of Charge Not Mandatory, but a Jury Instruction Is

When A Pitchess Motion Is Granted, The Judge Must Review The Police Officer’s Confidential Personnel Records Rather Than Delegate Such Review to Another Person

Man Discards Handgun While Walking Away From Police After Orders to Show His Hands; Motion to Suppress Evidence of Gun Denied

Does Arson of an Inhabited Structure Include Setting Fire to An Inhabited Motor Home?

Pit Bull Owner Is Criminally Liable for His Dog’s Biting a Neighbor, Who Hit the Dog With a Cane to Protect His Labrador Retriever

Beware: The Prosecution May Add Charges During Trial Based on Witness Testimony in Trial

What is Summary Probation?

Defendant Violates Probation on a Seven-Year Joint Suspended Prison Sentence; Under AB109, Sentenced to Seven Years in County Jail

What Punishment Do I Face for First-Time DUI?

U.S. Supreme Court Rules It Is Permissible to Take DNA Samples From Those Accused of a Serious Crime

What Punishment Do I Face for Shoplifting?

What Punishment Do I Face for Public Urination?

What Punishment Do I Face for Violating a Restraining Order?

What Punishment Do I Face For Domestic Violence?

What Punishment Do I Face For Possession of Marijuana?