When is Unconsciousness a Valid Legal Defense?

When is Unconsciousness a Valid Legal Defense? Unconsciousness can be considered a valid legal defense to crimes of both specific and general intent. In a criminal case, it is assumed that the defendant was conscious when he or she performed the alleged criminal act as long as it appeared that person was in a state of consciousness. If your criminal defense attorney is using unconsciousness as a defense in your…

Read More

Can a Public Defender Properly Handle Your Criminal Case? Think Twice Before Asking for a Public Defender

Can a Public Defender Properly Handle Your Criminal Case? Think Twice Before Asking for a Public Defender Public defenders in California are unable to provide an adequate defense due to a shortage of lawyers and being assigned too many cases, the American Civil Liberties Union said in a recent lawsuit filed by three defendants. In the suit filed against the Fresno County Public Defender’s Office, the ACLU claims defendants in…

Read More

Can Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1)

Can Police Seize Your Money if You Haven’t Been Charged with a Crime? (PC 186.1) You probably know that police officers can confiscate your property if it is used for or acquired through criminal activity under California PC 186.1. For example, if you use your vehicle as a get-away car when you rob a bank, it is safe to assume your vehicle will be confiscated by law enforcement under civil…

Read More

Consequences of Mayhem (PC 203)

Consequences of Mayhem (PC 203) What exactly constitutes mayhem in California? Although mayhem is more commonly used in everyday language to describe a scene of general chaos or commotion, the legal definition of mayhem is much more complicated. Mayhem is defined under California Penal Code Sections 203-205. Pursuant to PC 203, mayhem is defined as unlawfully and maliciously: Depriving a human being of a member of his or her body Disabling,…

Read More

Consequences of Falsely Reporting a Crime in California (PC 148.5)

Consequences of Falsely Reporting a Crime in California (PC 148.5) We’ve all heard the story of the boy who cried wolf. Well as adults, it turns out that story is true. If you falsely report a crime in California, you may actually be charged with a crime. Under PC 148.5, it is a misdemeanor to knowingly make a false report or statement to any of the following: Police or peace…

Read More

Consequences of Driving Alone in the Carpool or HOV Lane

Consequences of Driving Alone in the Carpool or HOV Lane The High Occupancy Vehicle lane, better known as the carpool lane or HOV lane, was designed to “relieve traffic congestion … conserve fuel and lessen emission of air pollutants.” The state requires that vehicles using the lane have two or more individuals inside or are “qualified clean alternative fuel vehicles.” That doesn’t mean that all solo drivers can resist using…

Read More

What Happens to Commercial Drivers Who Get Traffic Tickets in California?

What Happens to Commercial Drivers Who Get Traffic Tickets in California? In California, commercial drivers like truck drivers, bus drivers, and limo drivers are held to higher legal licensing requirements and stricter driving regulations than non-commercial drivers. They generally put in far more time on the road than drivers of passenger vehicles, which may increase the odds of commercial drivers getting traffic tickets. What Happens When Commercial Drivers Get Traffic…

Read More

Traffic Misdemeanor or Infraction? The Choice in Penal Code Section 17(d)

Traffic Misdemeanor or Infraction? The Choice in Penal Code Section 17(d) You may have heard the term “wobbler,” which is the nickname given to laws in California that can be charged as either as felonies or misdemeanors.But did you know there is also such a thing as a “wobblette?”  A “wobblette” is a violation that can be charged either as a misdemeanor or an infraction. In California, a misdemeanor is an…

Read More

Staying in the U.S. as an Immigrant with a Criminal Conviction

Staying in the U.S. as an Immigrant with a Criminal Conviction The U.S. government is actively looking for immigrants with criminal pasts. Recently, the Department of Homeland Security’s Immigration and Customs Enforcement Bureau (ICE) conducted Operation Cross Check, a nationwide sweep of immigrants with criminal pasts. This is the sixth time that ICE has conducted the sweep since 2011. It resulted in the arrest of more than 2,000 immigrants from…

Read More

How Orange County’s DNA Bank Can Actually Help Your Case

How Orange County’s DNA Bank Can Actually Help Your Case Orange County is the only county in California to maintain its own DNA bank. For those arrested of misdemeanor crimes, the District Attorney is asking offenders to voluntarily provide a DNA sample in exchange for a dismissal of their case. This is called deferred entry of judgment. Deferred Entry of Judgment – PC 1000 Under California Penal Code Section 1000,…

Read More