California is increasingly turning to probation to save money over incarcerating non-violent offenders. If you have been charged with a crime in San Diego, you could be sentenced to probation in place of part or all of a potential jail or prison term, even if you are found guilty of a felony. While probation is […]
The Entrapment Defense Under California Law
One of the most commonly cited legal myths is that if you ask someone if they are a police officer, they have to tell you, or it is entrapment. Not only is this untrue, but it also underscores how little the average person understands about this legal concept. Unfortunately, entrapment is a complex area of […]
CPAC GPS and SCRAM Ankle Monitors in Vista and San Diego County
With authorities increasingly trying to find realistic solutions to jail crowding, ankle monitors are more popular than ever. But those court-ordered to use any type of ankle monitor are hardly living the easy life. Even so, this alternative to incarceration is still generally better than going to jail or prison. What Kinds of Ankle Monitors […]
When is a Crime an Infraction, Misdemeanor, or Felony?
California law defines three categories of crimes to distinguish which type of offenses are the most serious. While criminal charges may be filed as an infraction, a misdemeanor, or a felony, few people know which is worse. In terms of both the severity of the charges and the potential penalties, a felony is more serious […]
Understanding California Statute of Limitations Laws
It makes sense that someone could be charged with murder 30 years after the victim dies, but it wouldn’t be fair for someone to be accused of shoplifting that many years later. The statute of limitations is a legal way to ensure that those who committed heinous acts can be held responsible for their actions […]
What’s The Difference Between Assault and Battery In California?
Assault and battery are often mentioned together, especially in police procedurals, and some states even charge the two offenses together. In California, however, they are separate offenses—the key distinction is the use of force. Assault is the threat or attempt to use force, whereas battery involves the actual use of force. The Definition of Assault […]
California Search and Seizure Laws
For you to be charged with a crime, police must find enough evidence to indicate your guilt. For the charges to result in a conviction, the evidence must be strong enough to prove your guilt beyond a reasonable doubt. While the California and US Constitutions protect citizens from illegal and unreasonable search and seizure, police […]
It is Not Illegal to Wear a Mask in Public in California
Maybe it’s because of Hollywood or perhaps it’s just because California loves Halloween more than other states, but our state’s mask laws are pretty relaxed overall. In fact, whereas some states make it illegal for people over 16 to wear masks and others ban their use outside of October, wearing a mask is legal for […]
Can I Legally Drive Barefoot?
For some reason, it seems everyone has heard that it is illegal to drive barefoot. Sometimes, the person spreading these rumors claims it’s an infraction. Other times, they may even say it’s a misdemeanor under the state’s reckless driving laws. But if you’re hoping you can go shoeless behind the wheel, go ahead and slip off your […]
Defenses and Sentences for Hate Crimes In California
People commit crimes for many reasons, but jurors are usually more sympathetic when an offense was performed out of desperation or a result of a personal conflict rather than due to biased, hateful beliefs. To help protect the civil rights of individuals and punish those who victimize others based on prejudice, California has enacted many […]
