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California Criminal Defense Lawyer Blog

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The Sex Predator Next Door

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…

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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…

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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,…

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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…

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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…

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‘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…

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