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…
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…
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…
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,…
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…
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…
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…
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…
Penal Code Chapter 2.9C 1001.80 Pretrial Diversion For Firearm Offenses The Legislature has introduced a new bill that will establish a pretrial diversion education program for those who are arrested for nonviolent misdemeanor or felony firearms offenses. The bill will specify the guidelines and define the criteria, application and procedures…
Turning 18 is a very exciting time in a teenager’s life, as well as for their parents. However, for most parents, along with the excitement that a parent feels for their child, there comes the serious reality of just what that means. Privileges such as being able to vote, enter…