Recent Blog Posts
How Long Does a Restraining Order Last in California?
A restraining order is a court order issued upon application by one party that forbids another party from engaging in certain activities. A typical restraining order stemming from an allegation of domestic violence, for example, may prohibit one party (the target) from engaging in any violent or harassing conduct toward another party (the alleged… Read More »
What Constitutes Disorderly Conduct in California?
Disorderly conduct, also known as “disturbing the peace,” is a crime under California penal code section 647. Disorderly conduct generally involves public activity or behavior that is offensive or disruptive, such that it prevents others from enjoying a public space. In California, disorderly conduct also includes prostitution. It is a misdemeanor punishable by up… Read More »
What Should I Do After I am Arrested in California?
Being arrested for a crime can be one of the most shocking and jarring moments of your life. Most people will never experience an arrest. If you get arrested, it will likely be one of your first encounters with law enforcement and with a situation in which your freedom is on the line. It… Read More »
What to Do When Facing Your First Felony Charge
Being charged with a felony, regardless of the specific crime, is a very serious matter. Even a first offense can lead to significant prison time, on top of heavy fines and other secondary penalties and consequences. If you are charged with a felony, there are certain steps to take and pitfalls to avoid to… Read More »
How to Avoid Jail Time for 2nd or 3rd DUI in California
The first time a defendant is charged with driving under the influence (DUI) in California, the crime is a misdemeanor. There may be aggravating circumstances (if there was an accident involving injury, for example), and jail time is a possibility, but typically the defendant will receive a fine, a license suspension, and probation. The… Read More »
What Happens if I Miss My Court Date?
As a general rule of thumb, you should follow the orders of a court. This is doubly true in a criminal case, where disobeying a court order can mean violating bail or parole conditions, cause you to forfeit certain defenses, affect your sentencing, and land you in jail unnecessarily. Court dates are court orders… Read More »
Possession vs. Possession With Intent to Sell in California
While California is one of the more progressive states in terms of drug crime legislation, the state still punishes possession of illegal narcotics. Unlike Colorado, California has not “defelonized” mere possession. Moreover, if the prosecutor can prove possession with the intent to distribute, defendants face much more severe penalties including significant prison time. But… Read More »
New Criminal Law Reforms in the California Legislature
California is continuing its trend toward progressive criminal law reform. We have previously covered several of these laws such as police misconduct and sealed records, aimed at protecting suspects and otherwise helping ex-cons reintegrate into society after incarceration. Continue reading for details about several new laws currently under consideration that would offer additional protections… Read More »
California Moves to Automate Process of Clearing Cannabis Convictions
Proposition 64, the California Marijuana Legalization Initiative approved by California voters in 2016, legalized the sale and possession of marijuana for recreational use. The law also permitted residents with prior convictions based on cannabis possession and sale to petition the courts to clear their records. The expungement process, however, is time-consuming and burdensome. It… Read More »
Proposed California Law Would Seal Criminal Records, Help Former Inmates Move On
Rap sheets can haunt a former inmate for years after they have served their time. Criminal convictions can make it more difficult to apply for jobs, obtain professional licensing, find housing, or secure a loan. A California lawmaker recently proposed a bill that aims to lessen this burden on former inmates in order to… Read More »
