The Sex Predator Next Door In 1996, with the federal enactment of “Megan’s Law”, California began disseminating identifying information about sex offenders on CD-ROM on a monthly basis to all sheriff and police departments throughout the state. This information was made available to the public. Since then, the information available…
California Criminal Defense Lawyer Blog
TEEN SEXTING—IT CAN BE MORE SERIOUS THAN YOU THINK
Facebook, Instagram, selfies—we live in an age of instantaneous electronic communication. The teens of today share the details of their lives via social media; they seem to spend much of their time snapping photos to share and conversing by text message. But some teens go beyond sharing the everyday…
3 Freedoms You May Lose When a Warrant is Issued for Your Arrest
A California arrest warrant authorizes law enforcement to arrest and apprehend you if you are suspected of committing a crime outside of the presence of an officer. Judges issue arrest warrants based upon the evidence presented to them by an officer or District Attorney. Also, an arrest warrant can be…
The White Collar Crime of Embezzlement
What is Embezzlement? Embezzlement is what is considered a “White Collar Crime” which occurs when someone steals property or money from another who has entrusted that person to manage or monitor his or her money or property. One element of the crime is that the defendant had legal access but…
Juvenile Law And The Juvenile Court System
When a juvenile is arrested and charged with a crime, the effects can last a lifetime. Just being questioned by a police officer is intimidating; imagine being taken into custody as a child or teenager. When a child, under the age of 18 years is facing serious charges, it can…
California Regarding Misdemeanor Possession of a Controlled Substance
Possession Of A Controlled Substance Now A Misdemeanor In California, possession or a controlled substance use to be a “wobbler” meaning that it could be filed as either a misdemeanor or a felony, depending on the type of drug and other circumstances surrounding the arrest and prior criminal history. However,…
What Constitutes Sexual Battery In California
Penal Code Section 243.4 defines sexual battery as follows: Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or…
The Different Faces of Insurance Fraud in California
Insurance fraud is any act committed with the intent to obtain a fraudulent outcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due. The…
The Insanity Defense in California
There is no functional difference between temporary and permanent insanity under California law. The sole issue in California is the status of the defendant’s sanity at the time of the crime. The method of determining a defendant’s sanity is the two pronged M’Naghten rule. 1) The first prong requires a defendant to understand…
‘Kaitlyn’s Law’: The Legal Repercussions of Leaving a Child Unattended in the Car
As temperatures rise going into spring and summer, so does the risk of vehicular hyperthermia for children left inside hot vehicles. Each year since 1998 an average of 38 children have died in hot cars in the U.S. Although these tragedies occur nationally, California is one of only 20 states…