If you are charged with a crime, you will be asked to plead guilty or not guilty. If you plead not guilty, you and your criminal defense attorney will need to present a defense to show the prosecutor does not have enough evidence to prove your guilt. To do this, you and your criminal lawyer […]
When is Someone Too Physically or Mentally Incapacitated to Consent?
Under California law, rape doesn’t require the victim to say “no.” Instead, sexual assault occurs whenever a person has sex with someone who does not consent. In some cases, like those involving statutory rape, the other party may not even be able to legally agree to have sexual intercourse—even if they say “yes.” This policy […]
How Does Lawyer/Client Confidentiality Work?
You have probably heard of attorney/client confidentiality, but you probably don’t know what that entails unless you’re a lawyer. While communications between a lawyer and a client are considered privileged, there are exceptions where the attorney may willingly disclose this information without any repercussions. If an attorney breaks confidentiality outside of these circumstances, they risk […]
Public Intoxication Charges: 647(f) (PC)
Being drunk in public in California isn’t technically illegal and can sometimes be a bit enjoyable as long as it doesn’t involve driving, biking, or boating under the influence. Just walking in public after drinking a beer or two isn’t enough to get you charged with this crime, and neither is drinking a beer in […]
Possession of a Firearm and Drugs in California
Some drugs cause paranoia, and dealing and purchasing drugs can sometimes be dangerous. With these things in mind, it’s not surprising that many people who are arrested with drugs also carry weapons. Unfortunately, just carrying a gun and any amount of certain drugs is a criminal act in itself. Here’s what you should know about California’s possession of […]
What Rights do Felons Lose in California?
Felons in California are subject to many penalties, even after they serve their time and pay off their criminal fines. The good news is that California does not restrict the constitutional rights of felons nearly as much as other states. Unfortunately, the state still does have many restrictions on what felons are not able to […]
Service Animal Fraud in California
Thanks to the Americans With Disabilities Act, persons with service animals can bring their trained companion animals wherever they go, including restaurants, hotels, grocery stores, and other places where pets are prohibited. But some people falsely claim their pet is a service animal, so they can take the creature wherever they go or live in […]
Is Lying to the Police a Felony in California?
You can’t be charged with obstruction of justice if you refuse to speak with the police, no matter how many police procedurals say otherwise. But while you have the right to remain silent (as long as you do it right by properly invoking your Fifth Amendment rights) and to have a lawyer present when you […]
Invoking Your Right to Remain Silent
Anyone familiar with the US Constitution knows that the Fifth Amendment protects citizens against self-incrimination. However, most people don’t know that the Supreme Court has ruled that your silence can be incriminating if you do not directly state that you are using this constitutional right. Failing to invoke your rights while staying quiet is considered […]
Civil Asset Forfeiture in California
When someone is accused of a crime, they will typically be arrested and charged in court. Strangely, if any physical property is believed to be tied in with the crime, it too may end up heading to the police station under the asset forfeiture laws of California. This strange process has its roots in English […]
