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Criminal Law

California Criminal Defense Blog

Focuses on drug crimes, criminal defense, white-collar crimes, drunken driving and sex crimes.
By Neil Shous, Esq.

Post Frequency: 1.9/day

Last Entry: March 30, 2011 at 16:57:15

Are You a Cop?

Posted on September 23, 2009
An old urban legend has it that undercover cops must disclose their police status if a suspect inquires. So if a drug dealer about to sell to an undercover asks "Are you a cop?", the legend has it that the...

Penal Code 1000 and State Licensing Agencies

Posted on September 21, 2009
Stated in Penal Code 1000, California drug diversion allows certain defendants facing narcotics charges to complete a rehab program rather than go to jail. Generally, only nonviolent first-time drug users or possessors qualify. And those who underwent a prior drug...

Proposition 36 & DUI Cases: Casting Too Narrow a Net

Posted on September 18, 2009
California Proposition 36 allows nonviolent drug offenders to participate in treatment programs rather than go to jail. Eligible defendants plead guilty to the underlying drug charge, and are then placed on probation and ordered to complete an outpatient program...

Arson Charges for a Child?

Posted on September 17, 2009
The L.A. Times is reporting: Prosecutors Must Decide Whether to Charge 13-year-old Who Allegedly Started Brush Fire September 17, 2009 | 7:28 am Los Angeles prosecutors could decide today whether to file charges against a 13-year-old boy accused of starting...

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Internet Sting Operations Target Child Pornography

Posted on September 16, 2009
California child pornography laws make it illegal to produce, advertise, sell, distribute or possess images depicting children engaged in stimulating sexual conduct. Offenders face prosecution, jail time and sometimes even state prison. The internet has become the primary medium through...

California Embezzlement as an Aggravated Form of Theft

Posted on September 15, 2009
Embezzlement under California law is the "fraudulent appropriation of property by a person to whom it has been entrusted." This used to be considered a distinct crime. But now California law treats embezzlement--and punishes it--merely as a variant of theft...

Blackmail as a Crime Under California Extortion Law

Posted on September 14, 2009
Most of us have seen classic "blackmail" scenarios in the movies...for example, obtaining compromising photos depicting someone's infidelity and then threatening to reveal them to the person's spouse unless he pays up. Blackmail as such is prohibited by Penal Code...

Recanting Victims Don't Stop Domestic Violence Prosecutions

Posted on September 11, 2009
California domestic violence laws make it illegal to use violent force (or threats of bodily harm) against an intimate partner. An intimate partner is usually defined as a current or former fianc�, spouse, cohabitant, boyfriend, girlfriend or the parent of...

Welfare Fraud - How it Works

Posted on September 10, 2009
Welfare fraud in California involves persons receiving benefits for which they are not eligible by way of providing false qualifying information. In most cases, the accused person failed to disclose income, assets or circumstances; the reporting of which would have...

California Burglary Law and After-Acquired Intent

Posted on September 09, 2009
Stated in Penal Code 459, California burglary law makes it a crime to enter a structure with the intent to commit petty theft or any felony inside. A person need not actually commit the theft or felony. Merely entering with...

When Does a Spanking Become a Crime?

Posted on September 01, 2009
The Bible tells us that "He who spares the rod hates his son, but he who loves him is careful to discipline him."(Proverbs 13:24). But in California, adhering to this Scripture can land a parent in jail. Stated in Penal...

Informants Must Pass Reliability Tests

Posted on August 27, 2009
Police informants in California provide the authorities with information that leads to search warrants, wiretaps, surveillance and the solving of crimes. The types of informants can range from random citizens who are aware of criminal activity...to agents of the police...

Challenging California Search Warrants

Posted on August 26, 2009
When police suspect that evidence of a crime may be found at a certain location, they can ask a judge to issue a California search warrant. If issued, the search warrant allows the cops to search the designated locations and...

San Bernardino Lacks a Camp System for Juvenile Offenders

Posted on August 24, 2009
The San Bernardino County juvenile court system has relatively few options for where to place minors who are deemed to need detention time. Most are ordered to spend time in the San Bernardino Central Juvenile Hall or the West Valley...

DUI Probation Violations

Posted on August 20, 2009
When people plead guilty to a California DUI charge, they usually get placed on probation. The court imposes certain ?terms and conditions of probation.? Violating these terms and conditions may result in a bench warrant for one?s arrest, a probation...

Serna Motions for Lack of Speedy Arrest

Posted on August 13, 2009
A defendant in California may file a Serna motion when the state fails to execute its prosecution in a speedy manner. The defendant must show that he's been prejudiced (harmed) by the delay. For example, alibi witnesses and other defense...

Police Continue to Entrap Gay Men for Lewd Conduct

Posted on August 10, 2009
Police throughout California continue to arrest unsuspecting gay men as part of lewd conduct sting operations. In spite of protests and recent court victories, cops have shown few signs of slowing down. Penal Code 647(a) ?Lewd Conduct in Public? makes...

What To Do if You Have an Arrest Warrant in California

Posted on August 07, 2009
When prosecutors file criminal charges against someone not already in custody, they take the case to a judge to issue a California arrest warrant. This authorizes the police to apprehend the defendant and detain him/her until arraignment or, if bail....

When Should Medical Conditions Cost People Their Drivers Licenses?

Posted on August 06, 2009
The California DMV reserves the authority to revoke the driving privileges of anyone determined to be unable to drive safely. One such category of drivers is people with medical conditions that impair their driving skills?such as epilepsy, macular degeneration and...

?Mistake? as a Defense to Perjury

Posted on August 05, 2009
Under Penal Code 118, a person commits perjury in California when he willfully gives false testimony while under oath. This usually happens at court proceedings or depositions, but it can also occur in affidavits or any document that?s signed under...

Crimes Involving Moral Turpitude

Posted on August 03, 2009
The term ?crimes involving moral turpitude? refers to a category of crimes that are said to involve dishonesty, deceit, or a ?readiness to do evil.? The list of such crimes ranges from murder to perjury to theft offenses. Whether a...

Post-Conviction Relief for Non-Citizens

Posted on July 31, 2009
Hundreds of thousands of non-citizens face immigration consequences for prior criminal convictions. These consequences affect legal and illegal immigrants alike, and can include deportation, denial of re-entry and denial of the chance for naturalization to the United States...

Criminal Defense of Non-Citizens is Complex and Fraught with Peril

Posted on July 30, 2009
The intersection of criminal and immigration law is extremely complex and fraught with peril for attorneys and clients. A non-citizen facing criminal charges must worry not just about jail time and a criminal record, but also possibly losing his immigration...

California Auto Burglary Requires a Break-in

Posted on July 27, 2009
The traditional common law definition of burglary is breaking and entering a structure with the intent of stealing goods or committing other crimes inside. Under Penal Code 459, California burglary law breaks with the common law by nixing the "breaking...

Grand Theft vs. Petty Theft in California

Posted on July 24, 2009
The two most common California theft crimes are Penal Code 487 Grand Theft and Penal Code 488 Petty Theft. Both crimes are identical except for one distinction: the value of the property stolen. Theft of property worth more than $400...

Criminal Liability for Stealing & Receiving Stolen Property

Posted on July 24, 2009
California Penal Code 496 defines Receiving Stolen Property as purchasing or otherwise taking possession of items you know to be stolen. As a general rule, this means someone else actually stole the goods and you subsequently received them. The original...

Medical Marijuana Will Now Be Taxed in Oakland

Posted on July 23, 2009
This week, a measure to tax medical marijuana in Oakland passed by a landslide: Eighty percent of participants in the special mail-in election voted to impose a 1.8% gross receipts tax on the city?s four licensed medical marijuana dispensaries. Supporters...

Jury Hangs in OC Murder for Hire Case

Posted on July 22, 2009
A Santa Ana jury hung yesterday in the murder trial of Sandra Jessee, accused of hiring someone to stab her husband who was ill with colon cancer. The prosecution argued that Jessee was frustrated with the victim's mounting medical bills,...

Man Faces Trial in Simi Valley Shooting Rampage

Posted on July 21, 2009
Jaime Parades pleaded not guilty today to murder and attempted murder in connection with a July 1st shooting rampage at a Simi Valley Dental Clinic. In the incident, Parades allegedly stormed the clinic, shooting his wife to death and critically...

Negligent Operator Suspensions Can Often be Avoided

Posted on July 14, 2009
A California driver who acquires too many points on his or her driving record can be declared a Negligent Operator and see their driver?s license suspended. This happens if you receive 4 points in a 12 month period, 6 points...

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