Chambers Law Firm

3 Tips for Defending Against Federal Fraud Charges

Fraud charges levied by the federal government can be a daunting and financially crushing experience. Knowing your rights and how to defend yourself against the more serious aspects of federal fraud charges are critical steps in preparing your best legal defense....

Understanding the Basics of Federal Bankruptcy Fraud Causes

The Title 18 U.S. Code Section 157 offense of bankruptcy fraud: Anyone who knowingly files a bankruptcy petition or associated document with the goal to deceive creditors or the court is prohibited by this federal statute. Other fraudulent actions connected to the...

Get the Facts About the Appeals Process in California

You may be extremely dejected if you’ve been accused of a crime and then convicted. But don’t worry, it’s not yet “game over”—at least not if you don’t want it to be. California has a complicated appeals system in place for anyone...

When is Grand Theft Considered a Federal Offense?

Purse snatching, pickpocketing, and automobile theft are examples of theft offences that come within the category of major theft. Under federal standards, it is defined as the “unlawful taking, carrying, leading, or riding away of something” from...

Understand the Basics of California Sentencing Guidelines

A felony in California is defined as a crime punishable by death, imprisonment in state prison, or incarceration in county jail for certain lower-level offenses. Other less serious violations in California are classified as misdemeanors, which are punished by...

The Most Common Legal Defenses for Sex Crimes Charges

There are many legal defenses that might be made if sexual assault allegations have already been filed. These can be used to disprove the prosecutor’s case or to show true innocence. If you are facing sex crime allegations, contact Chambers Law Firm at...

Know Your Rights at DUI DMV Hearing in California

If you are caught in California for driving under the influence of alcohol or drugs, the police will most likely take your license. After that, you’ll have 10 days to request a hearing to dispute your license’s automatic suspension. If you win the hearing,...

Get the Facts About Conspiracy Charges in California

Consider the following scenario: you’re out with your pals when you decide that robbing a bank would be a good time. You all agree to conduct the crime, and your friend even orders ski masks from Amazon on his phone. You thought it was all a joke until you were...

Battery on a Police Officer Laws in California

Can I Be Charged with Battery on a Police Officer? California provides an additional degree of protection to police officers and other peace officials through a separate law that specifically prohibits battery against police officers. However, this crime can only be...

What Is a Cruz Waiver Under California Law?

What Is a Cruz Waiver Under California Law? A Cruz Waiver is a California criminal law procedure that requires a defendant to stay out of trouble while sentencing is pending. Under a Cruz Waiver, criminal defendants may be able to avoid waiting behind bars for their...

Are Armor-Piercing Bullets Illegal in California?

Are Armor-Piercing Bullets Illegal in California? The right to bear arms is guaranteed by the United States Constitution, but does that right extend to possessing armor-piercing bullets in California? The state has some of the strictest gun laws in the country,...

California Real Estate Fraud: Phantom Help Scams

What Is a “Phantom Help” Scam? A “phantom help” scam is one of the most common types of real estate and mortgage fraud in California. In the real version of these scams, someone preys upon unsophisticated homeowners or buyers during a...

California’s Franklin Hearing and Youth Parole Rules

Who Can Be Released Through a Franklin Hearing? Amongst California’s numerous recent criminal-justice reforms is the introduction of Franklin hearings for convicted inmates. Though a Franklin hearing can result in your loved one’s release from prison, its...

The Benefits of a Criminal Pre-File Investigation

Should I Hire a Defense Attorney for a Pre-File Investigation? Having a defense attorney run a pre-file investigation for you or a loved one can be a smart move. If you are under criminal investigation, you don’t have to wait until the district attorney files charges...

California’s Four Types of Grand Theft Crimes

The Different Types of Grand Theft in California In California, there are four distinct types of grand theft charges you may face. Grand theft is considered taking anyone else’s property, money, or labor valued at $950 or more. Any theft of less than $950 worth of...

Criminal Participation in a Street Gang in California

Is it Illegal To Be a Gang Member in California? Being a street gang member in California can have severe legal consequences. California has laws that make it illegal to be an active participant in a gang, even if you do not personally commit any of the gang’s crimes....

California’s Sightseeing at the Scene of an Emergency Law

When Can I Be Charged with Sightseeing at the Scene of an Emergency? Slowing down to look at an accident on the freeway may be all-too-common, but in California, you can actually be charged with a crime for sightseeing at the scene of an emergency. The law defines...

California’s Planting and Tampering with Evidence Laws

Is Planting Evidence a Crime? California law makes planting or tampering with evidence a crime. While it is typically prosecuted as a misdemeanor as one of many different obstruction of justice crimes, it can be a felony if it was committed by someone in law...

When Is Providing the Police a Fake Name a Crime?

Can I Be Arrested for Giving the Police a Fake Name? Giving the police a fake name is always a risky decision, but in California, it is generally only a crime if you do it while you are legally arrested or detained. Additionally, the California law that prohibits...

Requirements for CA’s Elderly Parole Program

Is My Loved One Eligible for California’s Elderly Parole Program? In recent years, California has relaxed some of its practices for releasing prisoners, and the Elderly Parole Program is one of these reforms. Since 2018, eligible seniors have been able to petition the...

No Contest and Guilty Pleas: What’s the Difference?

The Difference Between “No Contest” and “Guilty” Pleas The American legal system recognizes three types of pleas: guilty, not guilty, and no contest. While the difference between guilty and not guilty is clear, what separates a guilty plea from...

Can I Go to Jail for Watching Animated Child Porn?

Is Animated Child Porn Legal? California law treats the manufacture or possession of child porn harshly, but are animated images or videos considered illegal child pornography? Usually, possessing animated child porn is allowed, but federal law makes the picture...

California Law Enforcement Dashcam Uses and Benefits

Can I See the Dashcam Footage of My Arrest? If you were arrested for a traffic violation, there is likely dashcam footage of the incident. Mobile Video Audio Recording Systems (MVARS), also known as dashcams, are not required by California law. However, a significant...

Imitation Versus Criminal False Personation in California

What Is False Personation? Imitation may be the sincerest form of flattery, but false personation can be a crime in California. Also known as false impersonation, a conviction requires more than merely imitating another individual. Instead, you must either try to harm...

California Extortion Crimes and Their Penalties

What Are the Different Types of Extortion? California law creates various types of extortion. A conviction is always a felony, but the specific crime you are charged with will differ based on how you extort and what was obtained. Because extortion is a serious crime,...

California’s Lewd Conduct Laws, Penalties, and Outcomes

What Is Lewd Conduct? California has laws outlawing lewd conduct, but what exactly is covered by these laws? First, all public sexual acts are not illegal nor considered lewd conduct. Based on California’s definitions, to commit a crime, you must know or at least...

How to Get Rid of Bench Warrants in California

Do Bench Warrants Expire in California? If you have ever had a California bench warrant issued against you, you may wonder when it will expire. The short answer is that it never will. You will need to take proactive steps in order to resolve any outstanding bench...

Police Wiretap Laws and Process in California

In California, the police are allowed to tap your phone, but they have to follow procedures to do so legally. California is a two-party consent state, which means that both people involved in a conversation must consent to any recording. Privately, you cannot tape...

California’s Battery Laws and Penalties

When Can I Be Charged With Battery? California law defines battery as “any willful and unlawful use of force or violence upon” another individual. You can face battery charges even if you do not cause another person to be injured. In fact, the “force” required for a...

The Three False Reporting Laws in California

What Are California’s False Reporting Laws? California has three separate false reporting laws. If you violate any of the three laws, you may face jail time, fines, or probation. These crimes can be committed by providing law enforcement with untrue information,...

Just the Facts: Learn About Embezzlement Laws in California

If you have been charged with or accused of embezzlement in California, you likely have many questions about what the charges mean and how you can proceed. First, keep reading to get the basic facts. Second, contact Chambers Law Firm at 714-760-4088 to request a free...

California Robbery Laws, Penalties, and Enhancements

What Are the Penalties for Robbery? In California, robbery is different from simple theft and punished more severely. The penalties for robbery can possibly include lengthy prison sentences that will upend your life. However, there are two degrees of robbery, with...

Graffiti and Vandalism Laws and Punishments in California

When Is Vandalism a Crime in California? California law defines vandalism as any malicious damage, destruction, or defacing of another individual’s property. While you may think of childish antics like graffiti tagging or breaking windows as vandalism, California...

California’s Disturbing the Peace Charges and Penalties

The Three Reasons You Can Be Charged With Disturbing The Peace California law breaks charges for “disturbing the peace” into three separate crimes, which can either be an infraction or a more severe misdemeanor. All three ways you can commit disturbing the peace...

Legal Defenses From Your California Assault Charges

Common Defenses To Assault Charges In California, assault charges and battery are two separate and distinct crimes. The law states that assault is an unlawful attempt to violently harm another individual. Meanwhile, battery is the actual use of force on someone else....

Reforms to California Sex Registration Terms and Length

Penal Code 290 Sex Registration As part of sweeping reform, California made numerous criminal law changes that went into effect on January 1, 2021, including updates to sex registration. Previously, California sex offender laws imposed significant and lengthy...

California’s New Misdemeanor Diversion Program Laws

Misdemeanor Diversion – Penal Code 1001.95 Due to recent California criminal justice reforms, as of January 1, 2021, misdemeanor diversion programs have been made available for many non-felony arrests. If your case meets the criteria for diversion, you be able...

Can My Loved One File A California Resentencing Petition?

AB2942 Resentencing Petitions – Penal Code Section 1170(D) Did you know that you or your loved one may be able to submit a resentencing petition to the court? Current inmates in both county jails and state prisons may be eligible to see their jail sentences cut....

How To Help Support a California Resentencing Petition

AB2942 Resentencing Petitions Can I Get Resentenced – Penal Code Section 1170(D) California offers inmates a way to file a resentencing petition under Penal Code 1170(D). If you or your loved one successfully get a court to order a reduced prison term, you can...

Do Not Plead Guilty to an Illegal DUI Checkpoint Arrest

When a person is arrested at a DUI checkpoint, the first thing their DUI attorney should do is question the legality of the DUI checkpoint. Yes, these are legal – but specific rules must be followed. If they are not, then anyone who is arrested might have had their...

Reducing or Eliminating Your California Probation Sentence

New California Probation Laws As a part of sweeping reforms to the state criminal justice system, California enacted new probation laws that began on January 1, 2021. The new regulations affect both future sentences and people who are currently serving probation. ...

Three New Police Reforms for 2021 in California

2021 California New Police Reforms In the wake of last summer’s civil unrest, California initiated new police reforms that went into effect on January 1, 2021. The changes reflect an attempt to both improve police-community relations and prevent tragedies like that...

Get the Facts About Marijuana DUI Laws in California

Proposition 64 makes it legal for adults to consume marijuana in their homes or at licensed establishments, possess up to an ounce of cannabis and grow up to six plants for personal use. The law does not change the rules for driving under the influence. You can get a...

California’s Update to Its Juvenile Interrogation Law

New California Juvenile Interrogation Law Everyone has a right to a lawyer under the United States Constitution, even for juvenile interrogations. However, law enforcement often tries to convince suspects to waive their right to an attorney. Your Miranda rights, named...

The Experienced Defense Attorneys at Chambers Law Firm

About Chambers Law Firm Update Here at Chambers Law Firm, our focus is entirely upon high-stakes felony criminal defense. Our experienced team of attorneys is prepared to zealously advocate for your freedom. Unlike other law firms, at Chambers Law Firm, we strictly...

The New Racial Justice Act Penal Code 745 in California

New Racial Justice Act Penal Code 745 California recently enacted Racial Justice Act Penal Code 745 to root out discriminatory overcharging and sentencing by prosecutors. For generations, there has been an implicit bias against certain groups based on their race,...

Removing a DUI From Your Criminal Record in California

After receiving a DUI at the hands of California law enforcement, one question you may have is how long the charge remains on your record. Perhaps you worry about how the interaction with the police looks for your career and housing options. Expungement options and...

Understand Your License Suspension

A DUI charge can result in several consequences if you receive a conviction. A court may suspend your license, and you will be unable to drive until the suspension period is over. How Long Will You Lose Your License? The length of a suspension depends on the number of...

Understand the Horizontal Gaze Nystagmus Test

When law enforcement officials suspect that you have been drinking and driving, they may pull you over and ask you to perform a field sobriety test. The National Highway Traffic Safety Administration recognizes three official types of field sobriety tests. One of...

Destroying Evidence Laws and Punishments in California

Can I Go to Jail for Shredding Documents? To prevent the obstruction of justice, California criminalizes any destruction of evidence, including shredding. However, there are clear guidelines for when destruction is a crime and when it is harmless. Knowing about an...

Real Estate and Mortgage Fraud Laws in California

Common Types of Real Estate and Mortgage Fraud Offenses There are laws that prohibit some of the more common real estate and mortgage fraud types in California. Real estate and mortgage fraud occurs when one person or party uses some trick or deception to gain an...

Laws Against Counterfeit Prescriptions in California

What Are the Penalties for Counterfeiting a Prescription? Prescription drug abuse is a significant problem, and California outlaws counterfeiting a prescription pad or possessing a counterfeit prescription slip. The law applies to all “scheduled” drugs under the...

California Boating Under the Influence Laws

When Can I Be Arrested for Boating Under the Influence? Boating under the influence penalties in California vary based on your criminal history, just like with driving under the influence. California makes it a crime to operate any boat, watercraft, jet ski, or vessel...

Eligibility for a California Certificate of Rehabilitation

What Is a California Certificate of Rehabilitation? In California, a certificate of rehabilitation (COR) functions as a method of clearing your name and criminal record. Eligibility for a COR is limited and often confusing. The COR does not get rid of or erase your...

Fake ID Laws, Crimes, and Punishments in California

When Fake IDs Can Get You in Trouble There are various ways fake IDs can result in you being charged with a crime in California. No matter what the charge, you must have the intent to defraud to be convicted of a crime related to fake IDs. Whether you were involved in...

Is It a Crime to File a False Police Report?

Is It a Crime to File a False Police Report? Be careful what you say to law enforcement because filing a false police report is a crime in California. Report does not necessarily mean a formal way of documenting activities. Instead, it can be a crime to only falsely...

An Explanation of California’s Bribery Laws and Penalties

All About California Bribery Laws In California, there are a variety of bribery laws that attempt to stamp out corruption. Though most of the statutes target public officials, private individuals can also run afoul of bribery laws. This means you can find yourself in...

Failure to Appear for Your Court Date in California

What Happens If I Miss My Court Date? If you miss your court date in California, you can be charged with the crime of failure to appear. A failure to appear charge can result in your immediate arrest, and additional charges and penalties may stem from you skipping a...

CCW Permit Application Process in California

How Do I Get a CCW in California? In California, a concealed carry weapons permit (CCW) is the only legal way to bear firearms in public. Obtaining a CCW requires meeting minimum qualifications and attending accredited training courses. Without a valid CCW, carrying a...

Receiving Stolen Property Laws in California

Can I Be Arrested For Receiving Stolen Property? Receiving stolen property in California can lead to your arrest, so long as you know the items were stolen. The question of when it is a crime can be complicated. You need to know the rules about handling property that...

California’s Evading a Police Officer Law

When Can I Be Charged With Evading a Police Officer? Charges for evading a police officer can end up costing you jail time. But what counts as evading? You can be charged with evading an officer for far less than a high-speed pursuit: California punishes anyone...

Grand Theft Laws and Penalties in California

When Can I Be Arrested for Grand Theft? In California, the crime of stealing is separated into grand theft and petty theft. The difference between the two lies in the value of the goods or property illegally taken. Grand theft is a more serious offense and can result...

California’s Voluntary and Involuntary Manslaughter Laws

What Is the Difference Between Voluntary and Involuntary Manslaughter? Besides the punishment upon conviction, the most significant difference between voluntary and involuntary manslaughter is the intent to kill. While murder requires “malice aforethought,” voluntary...

Bad Check Laws in California

Is It Illegal To Bounce a Check? Bouncing a check occurs when you have less money in your account than the amount drawn on the check. For a bounced check to be a crime in California, you must know you did not have enough money in your account to cover a check....

Charges in California for Street or Drag Racing

Street Racing Charges and Their Possible Penalties California prohibits street racing, also known as drag racing, on all public highways. There are additional crimes you can commit while racing in the street, such as reckless driving. While many people do not see a...

California’s Criminal Threat Laws and Punishments

What Constitutes a Criminal Threat? The criminalization of threatening language might seem like a violation of your right to free speech. Because California is punishing you for the words you say, write, or communicate, it appears to conflict with the First Amendment...

Rules for California Probation Violation Hearings

How Do Probation Violation Hearings Work? If you are serving probation in California, violations of your probation terms may land you in front of a probation violation hearing. Whether your probation is summary (misdemeanor) or felony, a probation violation hearing...

California’s New Felony Murder Rule

What Is the Felony Murder Rule? Under California’s “felony murder rule”, you can be convicted for a homicide if another individual dies while you are committing a crime. This is true even if you did not kill the individual yourself or intend for them to die. The state...

CA Drivers Under 21 Face Zero Tolerance DUI Penalties

What Is California’s “Zero Tolerance” Law for Underage DUIs? To crackdown on underage drinking, California enacted a “zero tolerance” law regarding minors and DUI. It is a crime for anyone under 21 to drive with any detectable amount of alcohol in...

California’s Auto Burglary Law

Can I Commit Burglary on a Car? In California, burglary is defined as entering a structure with the intent to commit a crime. But what about breaking into a car? Vehicles are different from buildings or structures, so California created a specific law to address auto...

Accessory After the Fact Laws in California

What Is an Accessory After the Fact? California law makes it illegal to help someone that you know just committed a felony. There are various ways that you can aid a criminal after the deed is done, so if you know someone just did something illegal, be very careful...

Rising Blood Alcohol and DUI Arrests

Can I Use the “Rising Blood Alcohol” Defense To Fight My DUI Charge? Because the human body takes time to process alcohol, you may cite rising blood alcohol as a reason you were not driving under the influence. Your blood alcohol concentration (BAC) can...

Child Abuse and Spanking Laws in California

Is Spanking Considered Child Abuse in California? Whether or not spanking your child is abuse is the subject of much debate. While many people think it is a practice that should have stopped decades ago, others believe that punishments such as spanking could have...

Burglary, Trespass, and Breaking and Entering Laws

What Is the Difference Between “Breaking and Entering” and Trespassing? In California, no law directly criminalizes breaking and entering. Instead, there are two possible crimes for unlawfully entering a building: burglary and trespass. The differences...

Romberg Balance Test Procedures in California

Is the Romberg Balance Test Accurate? The Romberg Balance Test is a field sobriety test (FST) that California law enforcement might use during a traffic stop. An FST is a method that police officers use to evaluate whether a driver is under the influence of drugs or...

Refusing a Roadside Breathalyzer in California

Should I Take a Breathalyzer During a California Traffic Stop? One of the questions attorneys are most often asked is whether someone should submit a breathalyzer test when pulled over. A Preliminary Alcohol Screening (PAS) test is the breathalyzer law enforcement...

Resisting Arrest Charges in California

When Can I Be Charged With Resisting Arrest? During recent protests and high-profile incidents on camera, the question of when someone is resisting arrest has been a contentious matter. In California, the crime is defined broadly, which allows a wide array of conduct...

California Drive-By Shooting Laws

What Are the Penalties for Driving-By Shootings? In California, if you are convicted of a drive-by shooting, you can face substantial penalties. In fact, you do not even have to be the person who pulled the trigger to face jail time. Drive-by shootings can also lead...

Altering a VIN Crimes in California

Is It Illegal To Change a VIN? There are actually two California laws that criminalize changing a Vehicle Identification Number (VIN), which is used to register motor vehicles or a part of a car, such as an engine. Typically, you can find your VIN on the driver’s side...

SCRAM Device Alcohol Monitoring in California

What Is a SCRAM Device? A SCRAM (Secure Continuous Remote Alcohol Monitor) device is a technological monitor that tracks whether a wearer has consumed alcohol. The SCRAM CAM (Continuous Alcohol Monitoring) system will check someone’s blood alcohol concentration (BAC)...

Credit Card Crimes in California

What Is Credit Card Fraud? California law criminalizes various type of credit card fraud, and there are different laws that address each type of misuse. However, in some instances, you may commit credit card fraud without even using stolen information. This blog is a...

California’s Misappropriation of Lost Property Law

Finders, Keepers? Can I Be Arrested for Keeping Lost Property? The saying “finders, keepers” is well known, but you cannot always legally keep lost property in California. The crime of misappropriation of lost property can end up with you serving jail time, so it’s...

Drug DUI Laws in California

What You Need To Know About California Drug DUIs You can be arrested for a drug DUI in California. Unlike an alcohol DUI, where your blood alcohol concentration (BAC) will be measured, drug DUIs only require that your driving be impaired. If you have been pulled over...

Lie Detector Test Laws in California

Are Polygraph Tests Admissible in Court? For decades, law enforcement has attempted to use polygraph tests in court to persuade juries a suspect was guilty. Polygraphs are also known as lie detector tests, and their reliability has been challenged since they were...

California Stun Gun Laws

Can I Own a Stun Gun in California? Protecting yourself and your family can be a constant worry in today’s society, and owning a stun gun can help put your mind at ease. Also referred to as a taser, a stun gun is a defensive weapon that uses an electric shock to...

California’s Habitual Sexual Offender Crime

What Does “Habitual Sexual Offender” Mean? California law is generally harsh towards sexual crimes, but its habitual sexual offender law is especially severe. If you have been convicted of specific sex crimes in the past, it’s crucial that you understand this law....

Diabetics and California DUI Laws

Can Diabetes Cause a False Positive on a Breathalyzer? Medical conditions, such as diabetes, can result in false positives on a breathalyzer test. The consequences of a false positive breath test are severe. They can include a DUI arrest, an automatic driver’s license...

Road Rage License Suspension in California

When Is “Road Rage” a Crime? Everyone has dealt with an incident of road rage when driving. Sometimes, being behind the wheel can bring out the worst in human beings. Stress, lightning-fast decisions, and misinterpretations run rampant. The definition of road rage...

California Abortion Laws for Patients and Providers

Is Abortion Always Legal in California? California is generally considered a permissive state regarding its abortion laws. Women in the state have a fundamental right to exercise their own health care decisions, including the right to decide whether or not to...

Illegal Knives and Knife Crime in California

What You Need to Know About California Knife Laws The Second Amendment gives you the right to bear arms, but does it also cover knives? The answer is that it’s complicated. California prohibits the ownership of specific knives and criminalizes the concealed carry of...

California EDD Fraud Laws

What Is Considered Unemployment Fraud Under California Law? The law criminalizes anyone defrauding California’s unemployment insurance system, whether they are an employee or an employer. California’s unemployment program is run by the state’s...

The No Driving Defense for DUI Arrests

Can I Be Arrested for DUI for Sitting in My Car? Driving under the influence convictions can ruin your day-to-day life. Your license will be suspended, and you may face jail time and steep fines. Additionally, DUI charges can cost you a job or promotion. California...

Infractions and Penalties for Open Containers in California

What Are California’s Open Container Laws? The laws regarding open containers are different everywhere you look in the United States. More states have been moving towards allowing public consumption of alcohol in designated “outdoor refreshment areas,” making open...

Inciting a Riot Laws in California

Can Someone Be Arrested for Inciting A Riot? Throughout the past year, incitement, rioting, and protesting have frequently been in the news. What is the difference between a protest and a riot? When does someone go from peacefully exercising their constitutional right...

Obstruction of Justice Laws in California

When Can I Be Convicted of Obstruction of Justice? Obstruction of justice is not one single crime under California state law. However, that does not mean you can obstruct justice and get away with it. There are a variety of separate crimes that all fall under the...

Custom Hydraulic Systems in El Monte CA

At Bernell Hydraulics, we know that out of the box hydraulic systems don’t work for everyone. You might have different needs or different specifications than standard hydraulic systems and equipment can supply. Thankfully, Bernell Hydraulics offers custom hydraulic...

Home Game Gambling Prohibitions in California

Is Gambling Illegal in California? You never want to gamble with your freedom. In California, the law makes participating in even the smallest games of chance a risky wager. The good news is that California defines gambling narrowly, allowing you to make that small...

Reasonable Suspicion Requirements for DUI Traffic Stops

Can I Be Convicted of a DUI if the Police Pulled Me Over Illegally? A DUI arrest can upend your life and put your ability to drive at risk. If you cannot drive, you may be unable to keep your job, make doctor’s appointments, or attend family events. A conviction can...

Sentencing Guideline Changes in Los Angeles County

Am I Eligible for Resentencing Under the Los Angeles DA’s New Policy? After being elected during the November 2020 elections, new Los Angeles County District Attorney (LACDA) George Cascon issued a directive to review resentencing policies. His new order went into...

Arguing Imperfect Self-Defense in California

What Is “Imperfect Self-Defense,” and When Can It Help My Case? As far as legal defenses go, the situations where you can argue imperfect self-defense are extremely limited: it will only apply if you are facing murder charges. On top of that, even if your...

Understanding Paycheck Protection Program Legal Rules

Can I Be Arrested for PPP Fraud? As part of the federal CARES Act of April 2020, the Paycheck Protection Program (PPP) allows eligible companies to claim up to $10 million in forgivable loans. Unfortunately, as news programs have consistently reported, fraudulent PPP...

Aiding and Abetting or Accomplice Liability Theory

When Can I Be Charged With Aiding and Abetting? California allows anyone who was “in on” the crime to be charged through its aiding and abetting laws. Also known as accomplice liability theory, aiding and abetting can generally be punished exactly as if you committed...

Ride-Share DUI Laws in California

When Can an Uber Driver Get a DUI? Ride-sharing mobile apps like Uber have grown to become part of everyday life in many places. Whether it is an Uber, a Lyft, or another operator, ride-share drivers take on immense responsibility. When you drive for a ride-share, the...

Criminal Aggravated Trespass in California

What Is Aggravated Trespass? California law separates minor trespass infractions and crimes from the more serious offenses that are classified as aggravated trespass. Because aggravated trespass always includes a threat to someone’s safety, the law punishes it...

California’s Fraudulent Conveyance Laws

What Is a Fraudulent Conveyance? It is never fun to pony up for the debts you owe, but some ways of trying to get out of paying can be considered a crime. If you are hearing from debt collectors, you may be determining strategies for minimizing or avoiding what you...

Driving on a Suspended License in California

Can I Be Arrested if I Drive While My License Is Suspended for a DUI? If you are arrested for a DUI, you will be given a temporary driver’s license while your legal case is pending. The California DMV will also require you to schedule an administrative per se (APS)...

California Statutory Rape Laws

What Is the Age of Consent in California? California law is precise in that only someone over the age of 18 years old can consent to have sexual intercourse. Unlike other states, there are no so-called “Romeo and Juliet” laws in California that allows minors to...

California Laws on Mayhem and Aggravated Mayhem

Mayhem vs Aggravated Mayhem The crimes of mayhem and aggravated mayhem have precise definitions under California law. While the common understanding of the word “mayhem” is something similar to chaos, the crime of mayhem deals with maiming another individual. Whether...

Prohibited Assault Weapons in California

What Are Assault Weapons and Are They Illegal? While the right to bear arms is guaranteed by the Second Amendment to the United States Constitution, Californians can still face punishment for having assault weapons. The laws surrounding what each state can and cannot...

Third-Time DUIs in California

What Are the Penalties for a Third-Time DUI? California punishes each DUI you commit more harshly than the last. The penalties for a third-time DUI are more severe than for a second DUI, which are more serious than the sanctions when you commit your first DUI. Because...

Extortion Laws in California

What Is Extortion? Also called blackmail, in California, the crime of extortion is committed when you make someone give you something or do something that you want through threats or violence. Many situations may seem like extortion but do not rise to the level of a...

California Assault Charges

Assault With a Deadly Weapon vs. Means Likely To Produce Great Bodily Injury Anytime you unlawfully attempt to cause someone else a violent injury, you have committed the crime of assault in California. The way you go about trying to cause the harm will determine what...

California BB Gun Laws

Are BB Guns Illegal? California law generally allows adults to own BB guns, but it criminalizes their display or use in public. Additional crimes may be committed if you shoot someone else or their property using a BB gun. The punishments you could face if you are...

California Assisted Laws

When Is Assisted Suicide a Crime in California? While it is not necessarily a crime to attempt suicide in California, you can be charged with a felony for assisting someone else’s suicide. California recently passed the End of Life Option Act, which creates a legal...

Wet Reckless Plea Bargain After a DUI Arrest

What Is a “Wet Reckless” Plea Bargain? If you’ve been charged with a DUI in California, you might have heard about the advantages of a wet reckless plea bargain. By agreeing to a wet reckless plea bargain, you will plead to the offense of reckless driving. ‘Wet...

Mandatory Sex Offender Status for Indecent Exposure

Do I Have To Register as a Sex Offender for Indecent Exposure? California has some of the strictest sex offender requirements in the country, and indecent exposure is a crime that can result in mandatory registration. Indecent exposure is defined as willfully exposing...

California Red Flag Laws

In response to gun violence and the increasing demand for gun law reforms, states across the country have amped up their “red flag” laws. Red flag laws attempt to prevent gun crimes by removing firearms from the possession of someone who is potentially dangerous. In...

Can I Get a DUI Expunged?

A DUI conviction can hang over your head for years, but California may now allow it to be expunged from your record. While a DUI expungement will not affect how the DMV treats you, it can help your employment prospects. Read on to learn the process for DUI...

Disorderly Conduct vs. Disturbing the Peace

What Is the Difference Between Disturbing the Peace and Disorderly Conduct? California laws criminalize numerous behaviors that harm the public in general. Some of these crimes fall under a group of offenses that are considered to be disorderly conduct. Other actions...

Attempted Murder Laws in California

When Can I Be Charged With Attempted Murder? Attempted murder, where you take concrete action towards killing another individual, can be punished by life in California’s state prison system. If you want to kill someone else and take any action towards killing them but...

Public Health Order Violations in California

Can I Go To Jail for Violating a Stay-at-Home Order? During the coronavirus pandemic, both the state of California and local health officials have issued stay-at-home orders that require citizens to avoid unnecessary human interaction. Attempting to prevent the spread...

Criminal Hit and Run in California

When Is a Hit and Run a Crime? At what point does a car accident become a hit and run? In California, there is a requirement that you attempt to make contact with the owner of any property damaged in a car accident. Leaving the scene without trying to make contact is...

California Child Endangerment Laws

When Can I Be Charged With Child Endangerment? In California, there are a variety of crimes that can stem from how you treat a child, one of which is child endangerment. Endangerment laws prohibit putting a child in a situation that unnecessarily exposes them to risks...

Violations of Ignition Interlock Device Orders

What Happens if I Violate an Ignition Interlock Device Order? After a DUI conviction in California, some drivers must install an ignition interlock device (IID) on their vehicles. Judges can order you to only drive with a properly working IID for a period after your...

California Fire-Starting Laws

Arson vs. Reckless Burning There are two separate crimes for starting fires in California: arson and reckless burning. The differences between the two are substantial, and punishments can range from six months in jail to almost a decade in prison. Knowing what is a...

California Restraining Order Laws

What Happens if I Violate a Restraining Order? You have had a restraining order imposed against you, and you are worried about violating the order. In California, no matter what the court calls the order — protective, stay-away, TRO, or restraining order — it is a...

Criminal Hazing at California Universities

When Does Hazing Become a Crime? On-campus Greek organizations are infamous for making pledges jump through degrading and embarrassing hoops to join a fraternity or sorority. These activities are often considered harmless hazing rituals, but can those tasks also be a...

California Vehicular Manslaughter Laws

What Are the Types of Vehicular Manslaughter? Under California criminal law, there are four different types of vehicular manslaughter. If you are arrested for killing somebody with your vehicle, the degree of your negligence, your purpose, and whether you were under...

Blood Test Procedures in California

How To Challenge a DUI Blood Test If you were pulled over on suspicion of DUI in California, law enforcement might draw a DUI blood test to prove you had an illegal Blood Alcohol Concentration (BAC). After an arrest for an alleged DUI, you will likely be offered...

California Money Laundering Laws

The Types of Money Laundering Crimes in California The state of California has two different types of money laundering crimes on its books. Both crimes specifically target people who have actual knowledge that the cash came from an illegal source or was going to be...

Underage DUI Offenses in California

Can I Be Convicted of Both a DUI and an Underage DUI? California has enacted a zero-tolerance law for underage DUI. Generally, a person cannot be convicted of more than one DUI offense stemming from the same traffic stop. However, underage DUI is an exception to the...

Refusing a Breathalyzer in California

Can I Refuse To Take a Breath Test? If you have been stopped by a law enforcement officer in California, you can refuse to take a breath test. The roadside preliminary alcohol screening (PAS) test, which is commonly known as a breathalyzer, is optional in most...

Hate Crime Laws in California

What is a Hate Crime? California has a separate law that punishes anyone who commits a hate crime. A hate crime is a criminal act conducted because of ill will directed towards a specific group of people. To be convicted of a hate crime, you must also commit an...

Criminal Revenge Porn in California

The term “revenge porn” describes the act of sharing a private, sexual image or video in order to harm the person exposed in the material. The rise in the incidence of revenge porn led to California recently adding a law making certain instances of sharing...

California Protest Laws

The summer of 2020 was defined by protesters in the streets across America. Many times, people would use the words ‘protest’ and ‘riot’ interchangeably. You may have wondered, when does a protest become a riot? In California, the right to protest is constitutionally...

Punishments for Identity Theft

Can I Go To Jail for Identity Theft? The short answer is that, in California, yes, you can go to jail for identity theft. Identity theft is a growing area of crime, and California laws allow severe punishments for identity theft. Personal Identifying Information and...

Elder Abuse Law in California

What Is Elder Abuse? California has enacted a law that explicitly punishes anyone who has committed elder abuse. This statute adds an extra layer of protection for a vulnerable population and backs up that protection with severe punishments. However, there are very...

Sobriety Checkpoints in California

Are DUI Checkpoints Legal in California? On your way home from a night with a few friends, you encounter a DUI checkpoint in the road. After a brief interaction, the police officer or highway patrol trooper asks you to step out of the car. Though you only had a couple...

Looting Laws in California

When Can I Be Charged With Looting? You’ve watched on the news as people break into stores across the country. A broken plate-glass window, and suddenly a mass of people are pouring into the Gap or Best Buy and taking whatever they can grab. This seems like...

Criminal Torture in California

How Does California Define the Crime of Torture? You may think of torture as something done by corrupt foreign governments. Or that it’s a strategy the police use to get you to confess to a crime. What you might not know is that torture is a well-defined crime...

Carjacking Versus Grand Theft Auto in California

What Is the Difference Between Carjacking and Grand Theft Auto? Stealing someone else’s car is always a serious crime, but the difference between a carjacking and grand theft auto (GTA) can add up to years in prison. The crucial distinctions in California are:...

California DMV DUI Hearings

What Is a DMV DUI Hearing? A Driving Under the Influence (DUI) arrest in California is a serious event that can impact your life in numerous ways. After being stopped for a DUI, two processes will begin: A criminal case, including possible jail terms, fines, and...

Arguing Self-Defense in California

When Can I Argue Self-Defense? California law recognizes that you have the right to defend yourself, your property, and other persons. Self-defense is a doctrine that functions as a legal defense, arguing that you are not legally liable for a crime. If your argument...

What is the Meaning of Probable Cause?

You hear the term on prime time television shows such as Law & Order and Chicago PD, yet few of our clients understand the legal implications of probable cause. What is the meaning a “probable cause,” and how is the legal term applied in criminal cases? Overview...

SB 384 and California Sex Offender Laws

How Will California Sex Offender Registration Change Under SB 384? If you are required to register as a sex offender due to a past conviction, the current rules require that you continually register for as long as you live, work, or attend school in California....

Interlock Ignition Devices in California

Will I Have To Install an Interlock Ignition Device if I’m Convicted of DUI in California? Being convicted of a DUI can be embarrassing, inconvenient, and expensive. You may have to spend time in jail, pay hefty fines, take expensive educational classes, lose...

Penalties for Heroin Possession in California

How Serious is Possession of Heroin in California? Oregon recently made headlines following the November 2020 election for passing a ballot measure to decriminalize drugs, including heroin. However, in California, heroin has not been decriminalized, and simple...

Defenses to Forgery in California

The Most Successful Defenses if You’re Charged with Forgery in California In today’s world, a signature is required for all kinds of transactions. You squiggle your name on electronic receipts every day. Often spouses or close family members may not think twice...

DUI For Legal Marijuana Use in California

Can I Get a DUI for Using Legal Marijuana in California? When most people hear the phrase “DUI,” the first thing that comes to mind is drunk drivers. However, in California, you can receive a DUI for driving while “under the influence” of any...

Homicide Laws in California

The Different Types of Homicide in California In 2019, California’s homicide laws changed. Before 2019, you could be convicted of murder in California if someone died while you were committing a felony, regardless of whether you intended to kill someone or were...

Legal Marijuana Possession in California

How Much Marijuana Can I Legally Possess in California? If you live in California, you probably know that the possession of marijuana became legal here in 2016 and that it’s now possible to buy legal marijuana at government-regulated dispensaries. However, the...

California DUIs with a BAC Under 0.08%

Can I Be Charged with DUI in California if My BAC Is Less Than 0.08%? Generally, 0.08% is the legal limit for Blood Alcohol Concentration (“BAC”) in California while operating a personal motor vehicle. However, in some circumstances, you can be charged...

Domestic Violence Laws in California

The Legal Definition of Domestic Violence in California and Who Counts as a Victim In everyday life, the term “domestic violence” can be applied to various crimes and cover a broad range of intimate relationships. However, in California, the legal...

Theft of Trade Secrets in California

What Is Theft of Trade Secrets Under California Criminal Law? Imagine a spy film from the 1960s. A young agent is bustling down a crowded sidewalk, looking over her shoulder as she carries a black leather briefcase full of secret documents. When you think about trade...

False Imprisonment in California

What Does False Imprisonment Mean under California Laws? The store security guard orders you to their office. Your spouse blocks the door so that you can’t leave during an argument. A police officer says you have to wait in the back of the patrol car for a few...

California Title 17 Rules for BAC Testing

What Are the Rules for BAC Testing in California? The police pull you over on your way home from a party. You know that you only had one drink, but the officer is suspicious and tests you to identify your “blood alcohol concentration” (BAC). The results...

Habeas Corpus Law in California

What Is Habeas Corpus, and Can It Get Me Out of Jail? After your arrest, as your case crawls through the legal system, you may have overheard lawyers or judges throwing around the word “habeas corpus.” It sounds legal and important, but what does it mean?...

Sealing and Expungement in California

What Is the Difference Between Expungement and Sealing Records in California? Your dream job opens up. You have all the qualifications and are an ace at all the required skills. You’ve built up years of experience in this field. This is the job for you! On the...

California Kidnapping Charges

The Definition of Kidnapping According To California Law A robber takes a bank teller hostage. An absent parent suddenly picks their child up from school. A powerful businessperson’s children go missing from their home. Are these all examples of kidnapping? The answer...

California Field Sobriety Tests

What Are Field Sobriety Tests and Do I Have To Take Them? If a police officer pulls you over on suspicion of drunk driving, they may ask you to participate in field sobriety testing. Field sobriety tests (FSTs) are a series of physical and mental tests that are...

Is the Finger to Nose Test Really Accurate in DUI Cases?

This test has not been approved by the NHTSA If you are pulled over on suspicion of driving under the influence of alcohol and/or drugs (DUI), the police might ask you to perform a variety of tests known as field sobriety tests (FST), like walking in a straight line...

I Suffer from GERD. Will That Affect My DUI Case?

Having certain stomach issues can lead to false positive DUI breath tests GERD, or gastroesophageal reflux disease, is an incredibly common medical condition, affecting approximately 20% of the population of the United States. While GERD is treatable through diet and...

Assault and Battery in California

What Is the Difference Between Assault and Battery in California? In movies and on crime-based TV shows, the terms “assault” and “battery” are often used together, leading many people to believe that they are a single offense. However, in...

Shoplifting Laws in California

What Crime Will I Be Charged With if I’m Arrested for Shoplifting in California? From a kid sneaking a candy bar from below the checkout counter to a thrill-seeking adult stuffing an expensive shirt in their bag at the mall, shoplifting happens every day....

Burglary vs. Robbery in California

Burglary vs. Robbery: What’s the Difference in California? In casual conversation, people often discuss robbery and burglary interchangeably. However, California laws have distinct definitions for each term that reveal substantial differences between the two...

What Is a Negligent Operator Hearing?

You will lose your license if you are deemed a negligent operator. In every driving under the influence (DUI) case, there are two components. First, there is an administrative aspect, as the California Department of Motor Vehicles (DMV) will administratively suspend...

SR-22s and California DUI Laws

What Is an SR-22 and When Do I Need One in California? If you’ve been convicted of driving under the influence (DUI) in California, your car insurance is probably the last thing on your mind. However, it is essential if you want to get your driver’s...

What Is an Accessory After the Fact Charge?

This offense may be charged as either a felony or a misdemeanor Consider this scenario: your boyfriend comes home panicked. He tells you that he hit someone with his car after drinking a few beers, and he needs your help. Can you help him get rid of the car and then...

When Can I Be Charged with Insurance Fraud in California?

Insurance fraud charges often arise after a person makes a fraudulent insurance claim. When you come home from work one day, you find that your house has been broken into while you were gone. After calling the police, you start to tally up the missing items so you can...

Can I Be Charged with a Crime for Altering My Car’s VIN?

It may be charged as a felony or a misdemeanor All cars, trucks, and SUVs sold in the United States come with a vehicle identification number, more commonly known as a VIN. A VIN is like a serial number that is used to identify a motor vehicle, or an automobile part,...

What Is the Penalty for a DUI in Orange County, CA?

If you get convicted of a DUI in Orange County, here is what to expect. In California, driving under the influence of alcohol and/or drugs (DUI) is considered a serious offense. Depending on your specific situation — if you have prior DUIs, if you caused an accident,...

What Is California’s Law on Chop Shops?

Operating a chop ship is a criminal offense in California The term “chop shop” is one that you may be familiar with from television or movies. In essence, it is where someone (typically with mechanical experience) takes apart, alters, or stores stolen cars or auto...

What Is Cyberstalking — And Is It a Crime?

The law recognizes that stalking can take many different forms in the modern era In the past, stalking usually involved following someone, or perhaps showing up at places where you know that they would be. However, in the era of the internet, social media, smart...

Are You Required to Get Out of Your Car at a Traffic Stop?

Supreme Court rulings hold that you are required to get out of the car if a police officer tells you to do so. It’s an all-too-common experience: you’re driving down the freeway when you see flashing lights in your rearview mirror. You pull over on the side of the...

Can the Police Pat Me Down If They Stop Me on the Street?

The police may be able to frisk you in certain situations. Picture this: you’re hanging out with your friends outside of your house when suddenly, the police roll up. They tell you that there have been reports of a robbery nearby, and the suspects match your...

When Can I Be Charged with Kidnapping?

Kidnapping may be charged in one of two ways. The crime of kidnapping happens less often than people may think. More frequently, what we refer to kidnapping is often better described as custodial interference or child abduction, which occurs when a person is deprived...

New Law Limits Probation Sentences to 1 to 2 Years

The bill was championed by Jay-Z and Meek Mill One of the most challenging aspects for any person involved in the criminal justice system is complying with probation terms. Probation is a period of supervision over someone who has been convicted of a crime (or plead...

Do I Really Need to Hire a DUI Defense Lawyer?

The cost of hiring a lawyer is often far less than the expense of a DUI conviction If you have been charged with driving under the influence (DUI) of alcohol and/or drugs in California, you may be tempted to represent yourself. In most cases, DUIs are misdemeanor...

How Is Voter Fraud Defined in California?

There are a number of laws that make voter fraud a crime in California The issue of voter fraud has been a hot topic in both local and national news for several years. As we head into one of the most hotly contested elections in modern history, the issue continues to...

Can I Get My Plea Deal Reversed?

Plea agreements are generally binding — with some exceptions The overwhelming majority of criminal cases never make it to court. While defendants in criminal cases have a right to have their case heard by a jury of their peers, most charges are resolved prior to...

California Seeks to Diversify Jury Pools

The Fair Juries Act expands the jury pool to include taxpayers. A fundamental principle of our criminal justice system is the right to trial by a jury of your peers. If you are charged with a criminal offense, you not only have a right to take your case to trial — but...

What Happens If My Case Gets Dismissed without Prejudice?

If your case is dismissed without prejudice, the prosecutor may be able to re-file charges against you In the criminal justice system, having your case dismissed is a good thing. It allows you to move forward with your life without the possibility of criminal charges...

What Is Domestic Battery?

Domestic battery can only be charged in certain situations. October is Domestic Violence Awareness Month. At the Chambers Law Firm, we understand just how serious domestic violence can be, whether it involves physical abuse, emotional abuse, reproductive coercion, or...

Should You Vote “No” on Prop 25?

Many progressive groups have come out against this criminal justice measure. Election Day is fast approaching, or if you have already received your mail-in ballot — is already here. In addition to choosing a president, you will be asked to vote yes or no on a number...

New Law Will Allow DUIs to Be Dismissed

AB 3234 would permit individuals to enter into a diversion program for most DUIs California has long been known as a state that is tough on crime. Studies have shown that our harsh criminal justice laws haven’t actually reduced crime — which has led to a wave of...

What the New California Sex Offender Law Really Means

The law has received a lot of attention — but most of it involves a misunderstanding of what the law does Recently, Governor Gavin Newsom signed Senate Bill 145 (SB 145) into law. This law received a lot of attention nationwide, as some commentators believed that it...

Everything You Need to Know About Prop 20

Vote no on Proposition 20 to preserve criminal justice reforms. Over the past several years, California lawmakers have worked to undo some of the state’s incredibly harsh criminal justice laws. For decades, California was known as a “tough on crime” state. These...

Can an App Tell You If You’re Too Drunk to Drive?

The latest technology may not even require you to add a breathalyzer to your phone Most Californians recognize that they shouldn’t drive drunk. The difficulty often comes in figuring out when you are too drunk to drive. For some people, 1 or 2 drinks is enough to...

Street Racing Crash Leads to DUI Murder Charges

The defendant had previously been convicted of multiple DUI-related charges No matter what you may see in the movies, street racing is never a safe plan. When one or more of the drivers involved is intoxicated, it is even more dangerous — and may even turn deadly. In...

Are Not Guilty and Acquitted the Same Thing? Not Quite

It is true that acquittal is a general term that means not guilty. However, there is a difference between the two. If you are curious about the difference, keep reading. If you are facing criminal charges, contact a criminal defense attorney who can help you: Chambers...

When Can You Be Charged with Mayhem in California?

Mayhem is a felony offense in California When you think of “mayhem,” you may equate it with the word mischief, or even pandemonium. For examples if you go shopping on Black Friday, you may describe the mall parking lot as “complete mayhem.” Yet when it comes to...

I Have Diabetes. What Does That Mean for My DUI Case?

If you’re one of the millions of Americans with diabetes, you need to understand how blood sugar levels can affect you Diabetes is incredibly common in the United States. According to the Centers for Disease Control and Prevention (CDC), approximately 10% of all...

What Are the Penalties for Looting in California?

Looting may result in up to 3 years in jail In the wake of the murder of George Floyd at the hands of police officers in Minneapolis, protests have erupted across the country — including here in California. The majority of these protests have been peaceful. However,...

Can I Be Extradited to California?

The state must follow specific procedures to have you brought back to California. If you have been charged with a crime in California, you may be tempted to flee the state to avoid being brought to justice. If you do so and are apprehended in another state, then...

Understanding California’s Human Trafficking Laws

If you are charged with human trafficking, you could go to prison for 12 years — or longer The crime of human trafficking has been a hot topic in the news recently. The hashtag #SaveOurChildren is used frequently on social media, shared by people concerned about...

Bill Inspired By George Floyd Stalls in CA Legislature

The measure was proposed in June, but was shelved by lawmakers in August. In May 2020, a video emerged from Minneapolis that set off a wave of protests across the nation and the world. In the video, a police officer knelt on the neck of George Floyd, who was being...

What Happens During a Preliminary Hearing?

A preliminary hearing functions as a mini-trial. If you are charged with a crime in California, you will soon learn more about the criminal justice system than you ever wanted to know. This includes the steps in a criminal case. For individuals facing felony charges,...

When Can I Get Social Media Records to Use in My Defense?

The California Supreme Court laid out new rules for third party subpoenas. Whether you’re a fan of social media or not, there is no denying that it has become a major part of our modern society. People use it to get news, share updates, sell things, and connect with...

What Happens During Arraignment?

An arraignment is one of the first steps in the criminal justice process. After you are arrested, you may be overwhelmed by what is happening. It can be a time of incredible stress and anxiety, regardless of whether you have previously been involved with the criminal...

Are Grand Jurys and Preliminarily Hearings the Same Thing?

When a person is charged with a crime, they often face a number of hearings, all of which seem similar. It can be hard to know which ones are the “most important” and which ones are just essentially paperwork. Of course, you can always ask your criminal defense...

LAPD Data Barred From California’s Gang Database

The move was prompted by concerns that LAPD was fabricating evidence. California’s gang database, known as CalGang, has been a source of controversy in recent years. The purpose of the system is to collect statewide information on gangs in California. However, it is...

Is Damaging Someone’s Vehicle a Criminal Offense?

If you purposefully damage someone’s car, you could be charged with a crime. In movies and TV shows, there is often a dramatic moment when someone is angry — perhaps at being cheated on or for some other reason — and takes a baseball bat to someone else’s car. There...

Can COVID-19 Be Used to Shorten a Sentence?

Your attorney may file a writ of habeas corpus to ask for you to be released. The novel coronavirus has affected all of us in any number of ways. You or a loved one may have gotten sick, lost your job, had a family member or friend die, or had to work while your kids...

What Are the Real Costs of a California DUI Conviction?

You’ll pay more than just court costs if you are convicted of a DUI. California imposes a range of penalties for driving under the influence of alcohol and/or drugs (DUI). The exact consequences will depend on the facts of the case. A first-time DUI will generally...

Newest Crime in California Statistics Released

Overall, crime rates have decreased across the state. One of the arguments used by opponents to criminal justice reform is that if California changes its “tough on crime” stance, more crimes will be committed. The latest data on crime in California shows that this...

Can I Get a California DUI Removed From My Record?

A DUI may be removed — but could still count as a prior offense. Most Californians understand that it’s against the law to drive under the influence of alcohol and/or drugs (DUI). However, unless they — or someone they love — has been charged with a DUI, they might...

What Happens If I Get a Fourth California DUI?

You could be sentenced to a term in state prison for a 4th DUI in 10 years. California takes the issue of driving under the influence of alcohol and/or drugs (DUI) very seriously. Even a first-time DUI offense may result in jail time, plus a license suspension of up...

Can You Use the Castle Doctrine in California?

There is no duty to retreat in Californians in their homes. In recent years, there has been significant media attention given to situations where a person used deadly force against someone else. In some states, “stand your ground” rules allow individuals to use force...

Can I Challenge a Search Warrant?

A Franks motion is the legal document used to challenge the truth of the information used to support a search motion. If you have been arrested for a crime, your arrest may have been based on evidence that the police seized pursuant to a search warrant. But what...

Will Your Murder Case Be Tried in a State or Federal Court?

In most cases, a person charged with a homicide will face state charges. However, there are specific situations in which they might face charges in federal court. Read on to learn what those differences are and discover where a case might be tired in your experience....

How Will COVID-19 Affect My Case Strategy?

Your speedy trial rights may be used strategically to get a more favorable plea deal. Every defendant in a criminal case in the United States and here in California has certain rights. In the COVID-19 era, some of these rights — in particular, the right to have your...

How Will COVID-19 Impact My Felony Arrest?

You Just Got Arrested for a Felony: Now What?  If you have been arrested for a California felony during the pandemic, you probably have a lot of questions about what will happen. In an effort to contain the spread of the COVID-19 virus and ensure the health and...

What Happens During a California Grand Jury Proceeding?

A grand jury may issue an indictment after hearing evidence against a suspect in a criminal case. Most people have heard the term “grand jury” at some point in their lives, whether in the news, on a TV show, in a book, or in a movie. The term can be confusing,...

Can You Be Charged with a Crime for Failure to Disperse?

Failure to disperse is a misdemeanor offense. Across the United States and throughout California, hundreds of thousands of Americans are protesting police brutality and racial injustice. While these protests have largely been peaceful, law enforcement officers have...

Will Getting a DUI Affect My Job Search?

Even with California’s “ban the box” law, having a DUI conviction can make it harder to find a job. California takes the crime of driving under the influence of alcohol and/or drugs (DUI) seriously. Anyone convicted of a DUI — even for a first-time offense — may be...

What Is California’s 10-20-Life Law?

Your sentence in a felony case may be enhanced if you used a gun during the crime. It’s no secret that California has tough gun laws. California has strict limitations on who can buy, sell, and possess both firearms and ammunition. The state also seeks to reduce gun...

What Are California’s Laws on Extortion?

Extortion or blackmail is a felony offense in California In the movies and on TV, extortion — or blackmail — is a somewhat common occurrence. A person may find out secret information about someone else, and then demand that the other person give them something to keep...

What Is the Penalty for Evading a Peace Officer?

Evading a peace officer is a misdemeanor offense, punishable by up to 1 year in jail. For many people, the sight of a police officer’s lights in their rearview mirror brings a feeling of dread. Even if you don’t think that you did anything wrong, being pulled over by...

What Is Criminal Negligence?

Criminal negligence means that a person acted with a disregard to obvious risks to human life and safety. Under California law, criminal offenses typically require a prosecutor to prove that a defendant acted in a certain way. Some crimes require that a person acted...

When Can California Police Use an Informant?

Informants must have a certain level of reliability. If you’re a fan of crime dramas, you’re probably familiar with the concept of an informant. In simple terms, an informant who provides information about criminal activity or people committing crimes to the police....

What Happens If I Don’t Finish DUI School?

You may go to jail for failure to complete your alcohol education classes. California DUI convictions come with a host of consequences. If you plead guilty to driving under the influence or are convicted at trial, then you may face jail time, heavy fines and fees,...

What Is False Imprisonment?

False imprisonment involves detaining, restraining or confining someone without their consent Picture this scenario: you’re in a fight with your partner and they try to leave the room in the middle of the argument. Angry, you grab you partner’s shoulders and prevent...

Will California Strip Problematic Officers Of Their Badges?

The proposal is part of a sweeping reform effort by the state Over the past 6 weeks, the issue of police officers who use excessive force or engage in problematic behavior has led to nationwide protests. In California, “problem cops” have been a subject of intense...

Report Shows Racial Bias in Jury Selection Process

A new bill may change the way that jurors can be challenged as a way of eliminating or reducing racial bias If you are charged with a crime and choose to go to trial, you probably expect that you will face a jury of your peers — and a jury that was not picked based on...

Should Californians on Parole Be Allowed to Vote?

ACA 6 will be on the ballot in November. California is one of the few states in the country that allows people currently on probation to vote, but bars people who are on parole from voting. As a result, more than 50,000 Californians who live in and contribute to their...

Can a California DUI Affect Your Gun Rights?

If you are convicted of a felony DUI, your right to bear arms may be affected. Like many states, California takes the crime of driving under the influence of alcohol and/or drugs (DUI) seriously. California is also home to some of the strictest gun laws in the nation....

What Happens If I Take My DUI Case to Trial?

There are multiple phases of a DUI trial. If you have been charged with a DUI, you may engage in settlement negotiations with the prosecutor assigned to your case, with the assistance of your DUI defense lawyer in San Bernardino, CA. Most California DUI cases settle...

When Can the Crime of Gang Rape Be Charged in California?

Acting with another person to commit a rape is criminal offense in California You may have heard the term “gang rape,” on TV or in a movie, or simply by watching the news. It isn’t always clear what this term means. It implies that a large number of people committed a...

Is There a Law in California Against Mail Theft?

Mail theft is a misdemeanor under California law You may know that taking someone else’s mail is a crime under federal law. But did you know that it is also a crime in California? According to a criminal defense lawyer in Orange County, CA, the state of California...

What Is the Punishment for Impersonating a Peace Officer?

The sentence includes up to 1 year in jail and a fine of up to $2,000. Many people dream of being a police officer when they grow up. But if you’re not a police officer and pretend to be one, then you could be charged with a crime. According to a criminal defense...

Is Loitering a Crime in California?

By itself, loitering isn’t a crime. You have probably heard of loitering — perhaps on TV or in a movie, or on a sign. It basically means that someone is hanging around a public or private place for no apparent purpose. For example, if a group of teenage boys are...

What Are My Rights During a DUI Stop?

You never have to take a field sobriety test. Imagine this: you’re on your way home from a friend’s house after a few glasses of wine. You know your tolerance, and that you are safe to drive based on the amount of alcohol that you had over a period of a few hours. But...

Could I Be Charged with Workers’ Compensation Fraud?

Certain actions may lead to a charge of workers’ compensation fraud. If you are hurt on the job or develop an illness as a result of your work, you may be entitled to workers’ compensation. Workers’ comp is a no-fault system of insurance that allows sick or injured...

When Can You Be Charged with Child Abduction?

Child abduction may be charged when a noncustodial parent takes a child from the custodial parent. Most of us are familiar with kidnapping, or at least the movie version of it: a bad person (or people) take a child. The bad person is usually a stranger. Yet the more...

What Is Evidence Tampering?

Evidence tampering is a form of obstruction of justice. The California Criminal Code has a vast array of laws that penalize certain actions. This includes a variety of acts that interfere with the administration of justice (both civil and criminal). One such crime is...

Understanding California Conspiracy Charges

Even if the crime didn’t take place, you can still be charged with this crime. Picture this scenario: you’re hanging out with your friends when you all decide that it would be fun to rob a bank. You all agree to commit the crime, and your friend even hops on his phone...

What Happens to My DUI Charge If There Was Police Misconduct?

Your lawyer may use proof of misconduct to have your charges dismissed or reduced. Police misconduct — including excessive force — has been an important topic in the news lately, and for good reason. In some cases, police officers have abused their authority, while in...

The Impact of Coronavirus on the Fight to End Cash Bail

Will the $0 bail order affect how Californians feel about cash bail? In 2018, Governor Jerry Brown signed Senate Bill 10 (SB10) into law. It eliminated the state’s cash bail system, allowing many defendants to leave jail without posting bail. Under this law, judges...

State Blocks Research on California Parole Decisions

The state has refused to release data on race and ethnicity In California, individuals who are incarcerated in California state prison after being convicted of a felony offense may be required to request parole (supervised release from prison) from the California...

California May Downsize Prisons to Address Budget Issues

The proposal includes methods to allow for the release of more prisoners The state of California currently operates 35 state prisons, with more than 115,000 individuals incarcerated in this system. 21 of these prisons were built between 1984 and 2005, when California...

Will I Lose My CDL If I Get a DUI?

Any DUI conviction will result in a loss of your CDL. Most people know that it is against the law to drive under the influence of alcohol and/or drugs in California. What many people aren’t aware of is the serious consequences of doing so. Not only do you put your own...

Can You Claim Self Defense Based on a Mistake?

Imperfect self defense may be used in limited situations. In cases involving physical violence, self defense may be argued if a person believes that they or someone else is under an immediate threat of great bodily injury or death. For example, if a woman is being...

What Is Hazing?

Hazing is a crime in certain situations in California. If you follow the news, you have likely seen stories about hazing, such as the Penn State student who died after his fraternity brothers forced him to drink large amounts of alcohol and then didn’t seek medical...

What Happens If You Provide a Fake Name to the Police?

You may be charged with a crime for giving false information to a peace officer. Imagine this scenario: you’re driving down the highway when you see flashing lights in your rearview mirror. You panic, because your license is suspended — and you know that you could get...

What Is California’s Mental Health Diversion Program?

You may be eligible to have your criminal charges dismissed if you meet the criteria. As a country, we are coming to a better understanding of how mental health issues may impact many areas of our lives. The California criminal justice system is also coming to this...

Understanding California’s Arson Laws

Willfully and maliciously burning a structure, forest land or property may be charged as arson under California law. In a state that regularly faces raging wildfires, it is little wonder that the crime of arson is taken so seriously. A person who commits this crime...

Can You Really Make a Citizen’s Arrest in California?

If you don’t follow the law in making a citizen’s arrest, you could be charged with a crime. You may have seen it in a move or on TV — someone making a citizen’s arrest. It usually involves a person shouting loudly, and then taking down a “bad guy” in some...

Is It Better to Take a DUI Breath or Blood Test?

The answer depends on a number of factors. If you are stopped on suspicion of driving under the influence (DUI), you may be asked to take a preliminary alcohol screening (PAS, or roadside breathalyzer test). Unless you are under the age of 21 or currently on DUI...

Can You Be Charged with Theft for Keeping Lost Property?

In some circumstances, you could be charged with a crime. Picture this: you are walking along on your lunch break when you spot a wallet on the ground. You open it up and find $200 in cash. Are there any potential legal consequences to keeping it? The answer to this...